Legally, Trump cannot fully shield Hegseth from potential consequences if he did give an unlawful order, but politically and practically, his influence could have some effect. Here’s a detailed breakdown:
1?? Legal limits on presidential protection
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Criminal accountability:
If Hegseth’s alleged “kill everybody” order violated U.S. law or international law (e.g., laws of armed conflict, war crimes statutes), Trump cannot legally pardon him for crimes committed outside the U.S. or before he leaves office in all contexts.-
U.S. presidential pardons only cover federal crimes, and they may not extend to international law violations prosecuted abroad or by international tribunals.
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If Hegseth could be charged under U.S. military law (e.g., Uniform Code of Military Justice), a pardon might help federal charges, but it doesn’t erase potential liability under military law or international law.
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Civil liability:
Victims or survivors (or their families) could still pursue civil lawsuits, potentially even against the U.S. government. A pardon does not shield against civil claims. -
Congressional or oversight action:
Congress can still conduct investigations, hold hearings, and issue subpoenas. Trump cannot stop Congress from investigating Hegseth.
2?? Political influence
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As president, Trump could:
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Direct the Department of Justice (DOJ) not to pursue federal charges.
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Shape the narrative publicly, framing Hegseth’s actions as lawful and patriotic.
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Lobby Congress informally to limit political repercussions or avoid censure.
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However, political influence has limits:
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Bipartisan or international condemnation could make ignoring legal processes difficult.
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Media scrutiny and public backlash could pressure investigations even with Trump’s support.
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3?? Realistic scenarios
| Scenario | Likelihood | Notes |
|---|---|---|
| DOJ declines to prosecute | Medium-High | Especially if Trump still has influence and Hegseth claims he followed lawful orders. |
| Congressional censure | Medium | Congress can act independently; a Trump pardon wouldn’t stop hearings. |
| International prosecution (e.g., ICC) | Low-Medium | U.S. generally resists ICC jurisdiction, but it remains theoretically possible. |
| Full legal immunity | Low | Only if no evidence survives scrutiny, and Trump controls DOJ entirely — still risky. |
Bottom line:
Trump could shield Hegseth from U.S. federal prosecution during his term and influence the political fallout, but he cannot guarantee immunity from all legal, civil, or international consequences if Hegseth gave an illegal order.
