Context:

Former Obama administration advisers urge foreign governments to quietly gather evidence against Pete Hegseth and delay indictments until after Trump’s presidency, framing possible prosecutions for US military actions as crimes like murder or attempted murder. The call, published in Just Security, accompanies broader Democratic signals of plans to investigate Hegseth if they regain Congress. The essays argue accountability is overdue for leaders who abuse power, and warn that pardons won’t shield witnesses from later offenses. The piece outlines a path toward domestic investigations while emphasizing international cooperation and careful timing for potential charges, with momentum uncertain as political dynamics shift.

Dive Deeper:

• A May 27 Just Security essay by former Obama administration advisers, including Sarah Harrison and Benjamin Farley, urged officials in Colombia, Ecuador, and other affected states to quietly gather evidence and wait to issue indictments until after Trump leaves office.

• The authors contend that US military strikes against boats suspected of cartel activity could be prosecuted as crimes such as murder or attempted murder, broadening the scope of potential accountability for national security actions.

• Separately, a November 10 Just Security piece by editors Tess Bridgeman and Ryan Goodman called for investigations into Trump-era officials, reinforcing a bipartisan push for accountability after the midterms.

• Bridgeman and Goodman noted a history of failures to hold senior leaders accountable for abuses of power and argued that presidential pardons should not automatically shield individuals from subsequent charges like contempt or perjury.

• Hegseth has been a focus of Democratic investigations and potential impeachment efforts; a recent bid to impeach him failed, which he criticized as a political spectacle.

• The discourse emphasizes strategic timing, international cooperation, and ensuring public records are created by truth-telling during potential prosecutions, while outlining the political and legal risks of pursuing such actions.