Democrats won the midterms, but they do not hold the majority yet. The new Congress takes office in January, and until then Republicans still run the House. That gap is why Defense Secretary Pete Hegseth was able to survive an impeachment push on Tuesday.
The House voted 211 to 204 to refer the articles of impeachment to committee, which effectively ended the effort led by Kentucky Republican Rep. Thomas Massie. It was a procedural vote, not a vote on the charges. It blocks any floor vote on the articles and virtually guarantees they will not be taken up before the current session of Congress expires. It was a surprise reprieve for Hegseth, who had been facing a full House vote as early as Wednesday. Reports did not detail how individual members voted.
Why the election result did not matter yet
Winning an election and taking control of a chamber are separate events. The midterms decided who will sit in the next Congress. The current House, elected in 2024, remains in session until then. Most Democrats supported impeachment, but Massie’s resolution had to be considered by the current Republican-controlled House, even though Democrats had swept the election a week earlier. Democrats take the majority in January. Until then, Republican leaders control the floor and the schedule.
How a procedural vote can kill an impeachment
Impeachment resolutions can be forced to the floor, but members can respond with motions that dispose of them without ever debating the charges, such as sending them to committee. Such a motion needs only a simple majority, and committees controlled by the majority can leave a resolution there indefinitely. Massie described exactly this risk beforehand. He said the first vote would be on a procedural motion to kill the resolution, and that only by defeating it would the House reach a real debate and a vote on the articles. The motion passed, so the articles never got that debate.
Why this was a second attempt
Massie’s first try came before the midterm elections, and Speaker Mike Johnson called an early recess to avoid the vote. That caused the resolution to expire, which is why Massie reintroduced it this week. Massie is leaving Congress after losing his primary. Johnson had also cautioned colleagues against trying to remove Hegseth while the United States is engaged in military activities.
Why a House vote would not have removed him anyway
Impeachment is only the first step. A simple majority in the House can impeach, but conviction and removal require a two-thirds majority in the Senate. Republicans also control the Senate until the term ends in January. Even a successful House vote would almost certainly have ended in an acquittal.
What the articles alleged
The resolution contained eight allegations covering the management of the Iran war, the capture of Venezuela’s then-president Nicolás Maduro, attacks in Yemen, and alleged suppression of free speech. The first article accused Hegseth of violating the 1973 War Powers Resolution by beginning hostilities without a declaration of war or statutory authorization. Other charges said he let the fighting continue past the 60-day window and the possible 30-day extension, and ignored U.S. law on minimizing civilian casualties, citing an attack on an elementary school that killed more than 200 civilians. The speech charge concerned his response to Sen. Mark Kelly, who appeared in a video telling service members they can refuse illegal orders. Hegseth said Kelly could be recalled to active duty, ordered the Navy secretary to investigate him, and censured him.
What Hegseth and Trump said
Hegseth answered at a rare Pentagon press conference. He called Massie a “disgruntled and defeated congressman” and said he stands behind every operation and would do it again tomorrow. President Trump said he would stand by him and credited him with winning two wars.
What changes in January
The reprieve may be short. Democrats have promised vigorous investigations into Hegseth’s Pentagon once they take the majority. Whether they will mount another impeachment effort is unclear, but incoming Speaker Hakeem Jeffries told NPR that Hegseth “has got to go.” Even then, a House impeachment would face the same Senate math unless the Senate also changes hands. Hegseth has indicated he plans to lead the Defense Department until the end of Trump’s presidency in 2029.