NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

On 2026-09-15, Representative Thomas Massie (R-KY-4) delivered a floor speech titled "NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE" in the House.

NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

Congressional Record, Volume 172 Issue 145 (Tuesday, September 15, 2026) [Congressional Record Volume 172, Number 145 (Tuesday, September 15, 2026)] [House] [Page H] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE Mr. MASSIE. Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I seek recognition to give notice of my intent to raise a question of the privileges of the House. The form of the resolution is as follows: Impeaching Peter Brian Hegseth, Secretary of Defense, for high crimes and misdemeanors. Resolved, that Peter Brian Hegseth, Secretary of Defense, also referred to as ``Secretary of War'' by the administration, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate: Articles of Impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America against Peter Brian Hegseth, Secretary of Defense, in maintenance and support of its impeachment against him for high crimes and misdemeanors. Article I: Waging War in Contravention of the War Powers Resolution of 1973, Section 2(c): The Constitution provides that the House of Representatives shall have the sole power of impeachment and that civil officers of the United States, including the Secretary of Defense, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. In his conduct while Secretary of Defense, Peter Brian Hegseth, in violation of his oath to support and defend the Constitution of the United States and in violation of his constitutional duty to take care that the laws be faithfully executed, especially with regard to the commission of war, has abused the powers of the Department of Defense in that: The Declare War Clause of the United States Constitution--Article I, Section 8, Clause 11--vests in Congress the exclusive initiatory powers of war, while the military, administrative, and clemency clause of the United States Constitution--Article II, Section 2, Clause 1-- establishes the President as the Commander in Chief of the armed forces, and vests in him operational control over wars lawfully authorized by Congress. In an effort to statutorily delineate the circumstances under which the President may introduce United States Armed Forces into hostilities absent congressional authorization, the 93rd Congress of the United States enacted into law H.J. Res. 542, the War Powers Resolution of 1973, Public Law 93-148, by overriding the veto of President Richard Nixon. Peter Brian Hegseth, in his capacity as Secretary of Defense, has executed unlawful orders in contravention of section 2(c) of the War Powers Resolution of 1973, section 1541(c) of title 50, United States Code. Section 2(c) provides that ``the constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to one, a declaration of war; two, specific statutory authorization; or three, a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.'' The War Powers Resolution further expressly provides that nothing contained therein shall be construed as granting any authority to the President to introduce United States Armed Forces into hostilities which the President would not otherwise possess in the absence of the resolution. Accordingly, the reporting and termination procedures subsequently established by the resolution do not themselves constitute affirmative statutory authorization to commence hostilities. Rather, the introduction of the United States Armed Forces into hostilities must rest upon one of the authorities or circumstances identified in section 2(c) in order for a conflict to be considered lawful. With respect to United States Armed Forces being entered into hostilities in the Islamic Republic of Iran on February 28, 2026, Secretary Hegseth directed and caused United States Armed Forces to be introduced into hostilities against the Islamic Republic of Iran, notwithstanding that one, Congress had not declared war against the Islamic Republic of Iran; two, Congress had not enacted any specific statutory authorization for the introduction of United States Armed Forces into hostilities against the Islamic Republic of Iran; and three, no national emergency had been created by an attack by the Islamic Republic of Iran upon the United States, its territories or possessions, or its armed forces. Furthermore, no imminent attack upon the United States, its territories or possessions, or its armed forces existed, as affirmed in the March 17, 2026, resignation letter of Joe Kent, then-Director of the National Counterterrorism Center, in which he stated: ``I cannot in good conscience support the ongoing war in Iran. Iran posed no imminent threat to our Nation.'' The introduction of United States Armed Forces into hostilities against the Islamic Republic of Iran, therefore, satisfied none of the circumstances expressly identified in section 2(c) of the War Powers Resolution and was undertaken, from its inception, without congressional authorization or independent Article II authority, thereby rendering both the initial introduction of United States Armed Forces into hostilities, and all subsequent actions taken thereafter, unlawful. {time} 1210 Secretary Hegseth, nevertheless, knowingly executed and implemented the unlawful order to commence such hostilities, employing powers, personnel, weapons, and resources of the Department of Defense to initiate military action against another sovereign nation, in violation of section 1541(c) of title 50, United States Code. Secretary Hegseth abused the powers of his high office through the following means: One, executing an unlawful order to commence hostilities, despite the absence of a declaration of war; specific statutory authorization; or a national emergency created by attack upon the United States, its territories or possessions, or its Armed Forces. Two, continuing to employ the personnel and resources of the Department of Defense in these hostilities after their unlawful initiation and in the continued absence of any subsequent declaration of war or specific statutory authorization by Congress. Through these actions, Secretary Hegseth knowingly executed and implemented unlawful orders to initiate war against a foreign nation, notwithstanding the absence of congressional authorization, an attack upon the United States giving rise to the national emergency contemplated by law, or an imminent threat requiring immediate defensive action, thereby substituting unlawful executive action for the constitutional and statutory judgment of Congress. In all of this, Secretary Hegseth has acted in a manner contrary to his trust as Secretary of Defense and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States of America. Wherefore, Secretary of Defense Peter Hegseth, by such conduct, has demonstrated that he will remain a threat to the Constitution if allowed to remain in office and has acted in a manner grossly incompatible with his duties and the rule of law. Peter Brian Hegseth, thus, warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States. Article II, waging war in contravention of the War Powers Resolution of 1973, section 5(c): The Constitution provides that the House of Representatives shall have the sole power of impeachment and that civil officers of the United States, including Secretary of Defense, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. In his conduct while Secretary of Defense, Peter Brian Hegseth, in violation of his oath to support and defend the Constitution of the United States and in violation of his constitutional duty to take care that the laws be faithfully executed, especially with regard to the commission of war, has abused the powers of the Department of Defense in that: The Declare War Clause of the United States Constitution, Article I, Section 8, Clause 11, vests in Congress the exclusive initiatory powers of war, while the Military, Administrative, and Clemency Clause of the United States Constitution, Article II, Section 2, Clause 1, establishes the President as the Commander in Chief of the Armed Forces and vests in him operational control over wars lawfully authorized by Congress. In an effort to statutorily delineate the circumstances under which the President may introduce United States Armed Forces into hostilities absent congressional authorization, the 93rd Congress of the United States of America enacted into law H.J. Res. 542, the War Powers Resolution of 1973, by overriding the veto of President Richard Nixon. Secretary Hegseth carried out unlawful orders and continues to do so in contravention of section 5(c) of the War Powers Resolution of 1973, section 1544(c) of title 50, United States Code. Section 5(c) of the War Powers Resolution of 1973 provides that, at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions, and territories, without a declaration of war or specific statutory authorization, such forces shall be removed by the President if Congress so directs by concurrent resolution. With respect to the United States Armed Forces being engaged in hostilities in the Islamic Republic of Iran, pursuant to section 5(c), the House of Representatives and the 

Referenced legislation: HCONRES86, HJRES542