The US defense secretary, Pete Hegseth, suggested on Wednesday that he would not obey a federal court ruling against the deployments of national guard troops and US marines to Los Angeles, the latest example of the Trump administration’s willingness to ignore judges it disagrees with.
The comments before the Senate armed services committee come as Donald Trump faces dozen of lawsuits over his policies, which his administration has responded to by avoiding compliance with orders it dislikes. In response, Democrats have claimed that Trump is sending the country into a constitutional crisis.
California has sued over Trump’s deployment of national guard troops to Los Angeles, and, last week, a federal judge ruled that control of soldiers should return to California’s Democratic governor, Gavin Newsom. An appeals court stayed that ruling and, in arguments on Tuesday, sounded ready to keep the soldiers under Donald Trump’s authority.
“I don’t believe district courts should be determining national security policy. When it goes to the supreme court, we’ll see,” Hegseth told Democratic senator Mazie Hirono. Facing similar questions from another Democrat, Elizabeth Warren, he said: “If the supreme court rules on a topic, we will abide by that.”
Hegseth was confirmed to lead the Pentagon after three Republican senators and all Democrats voted against his appointment, creating a tie vote on a cabinet nomination for only the second time in history. The tie was broken by the vice-president, JD Vance.
There were few hints of dissatisfaction among GOP senators at the hearing, which was intended to focus on the Pentagon’s budgetary needs for the forthcoming fiscal year, but Democrats used it to press for more details on the deployment of troops to Los Angeles, as well as the turmoil that has plagued Hegseth’s top aides and the potential for the United States to join Israel’s attack on Iran.
Democratic senator Elissa Slotkin asked whether troops deployed to southern California were allowed to arrest protesters or shoot them in the legs, as Trump is said to have attempted to order during his first term.
“If necessary, in their own self-defense, they could temporarily detain and hand over to [Immigration and Customs Enforcement]. But there’s no arresting going on,” Hegseth said. On Friday, marines temporarily took into custody a US citizen at a federal building in Los Angeles.
The secretary laughed when asked whether troops could shoot protesters, before telling Slotkin: “Senator, I’d be careful what you read in books and believing in, except for the Bible.”
An exasperated Slotkin replied: “Oh my God”.
Trump has publicly mulled the possibility that the United States might strike Iran. Slotkin asked if the Pentagon had plans for what the US military would do after toppling its government.
“We have plans for everything,” Hegseth said, prompting the committee’s Republican chair, Roger Wicker, to note that the secretary was scheduled to answer further questions in a behind-closed-doors session later that afternoon.
In addition to an aggressive purge of diversity and equity policies from the military, Hegseth has also ordered that military bases that were renamed under Joe Biden because they honored figures in the Confederacy to revert to their previous names – but officially honoring various US soldiers with the same name.
Virginia senator Tim Kaine said that in his state, several bases had been renamed under Biden in honor of accomplished veterans, and their families were never officially told that the names would be changed back.
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“You didn’t call any of the families, and I’ve spoken with the families, and the families were called by the press. That’s how they learned about this. They learned about it from the press,” Kaine said,
He asked Hegseth to pause the renaming of these bases, which the secretary declined to do, instead saying: “We’ll find ways to recognize them.”
Democrats also criticized Hegseth for turmoil in the ranks of his top aides, as well as his decision to name Kingsley Wilson as the Pentagon’s press secretary, who has repeatedly shared on social media an antisemitic conspiracy theory.
The Pentagon head had a sharp exchange with Democratic senator Jacky Rosen, who asked whether he would fire Wilson. “I’ve worked directly with her. She does a fantastic job, and … any suggestion that I or her or others are party to antisemitism is a mischaracterization.”
“You are not a serious person,” the Nevada lawmaker replied. “You are not serious about rooting out, fighting antisemitism within the ranks of our DOD. It’s despicable. You ought to be ashamed of yourself.”
Rosen then asked if far-right activist Laura Loomer was involved in the firing of a top national security staffer. Hegseth demurred, saying the decision was his to make, but the senator continued to press, even as the committee chair brought down his gavel to signal that she had run out of time for questions.
“I believe your time is up, senator,” Hegseth said. A furious Rosen responded: “It is not up to you to tell me when my time is up. And I am going to say, Mr Secretary, you’re either feckless or complicit. You’re not in control of your department.”