A high-stakes legal battle unfolds as Pete Hegseth, the Defense Secretary-designee, pursues crucial documentation related to a 2017 sexual assault allegation.
According to the New York Post, Hegseth's legal team is demanding the release of a prosecution memo from the Monterey County District Attorney's office, believing it contains additional exculpatory information about his accuser's history.
Attorney Tim Parlatore, representing Hegseth, revealed receiving credible information suggesting the accuser may have made similar false allegations against another man in a different jurisdiction. The prosecution memo is believed to have factored this information into their decision not to pursue charges against Hegseth.
Recently released police reports have presented substantial evidence contradicting the accuser's version of events.
Hotel security footage showed the woman displaying normal walking patterns and appearing coherent, contrary to her claims of memory loss due to intoxication. Multiple witnesses, including hotel staff, confirmed she showed no signs of impairment during the incident.
A hotel employee's testimony revealed that while Hegseth appeared heavily intoxicated during a pool-area disturbance, the accuser remained composed and coherent. The employee observed her escorting Hegseth away from the scene after apologizing for his behavior, noting she was "standing on her own" and "very coherent."
The Monterey County DA's office, led by Jeannine Pacioni, denied the request for the prosecution memo, citing exemption from disclosure. The office maintains that the documents contain protected legal theories and attorney work products.
Democratic lawmakers continue to express concern about Hegseth's nomination despite the lack of charges. Sen. Tammy Duckworth (D-Ill.) voiced her opposition, stating:
Remember that we've just fought over a decade of fights … and overhauled the military and its treatment of military sexual trauma. It's frankly an insult and really troubling that Mr. Trump would nominate someone who has admitted that he's paid off a victim who has claimed rape allegations against him.
The situation has created additional complexity for Hegseth's confirmation process. Senate Republicans, who will assume control of the upper chamber in January, may consider subpoenaing the disputed document, though this could potentially delay the confirmation proceedings.
Rep. Mikie Sherrill (D-NJ), drawing from her experience as a federal prosecutor, emphasized that the absence of charges doesn't equate to complete exoneration. Democratic opposition has particularly focused on the financial arrangement between Hegseth and his accuser.
The Defense Secretary nominee's legal team is appealing the district attorney's decision to withhold the prosecution memo.
If successful, the document could provide additional context about the decision not to charge Hegseth in the 2017 case, potentially affecting his confirmation prospects.
The situation remains complex as Senate Republicans weigh their options regarding the prosecution memo while Democrats maintain their scrutiny of Hegseth's nomination. The resolution of this document request could significantly impact the confirmation process for the important Pentagon position.