In February, Secretary of Defense Pete Hegseth fired the judge advocates general of the Army and the Air Force. The summary removals sent shockwaves through the military and wider legal community. It raised urgent questions about the future of an apolitical military and the ability of judge advocates to continue to give independent legal advice.

Why the rush to remove the most senior military lawyers — and why, more than four months later, do these key leadership positions remain unfilled? These are not questions for speculation. They demand answers, and Congress has the authority and responsibility to get them.

National security requires the best military and legal advice possible. The nominees, once confirmed, deserve to assume office with legitimacy, not under a cloud of political suspicion. If the firings and the process to select new judge advocates general go unexamined and unanswered, the question becomes not only what happened, but why a coequal branch of government failed to find out.

The selection process for new judge advocates general has been markedly different and less transparent than in the past. Previously, military departments appointed boards composed primarily of senior, non-lawyer generals and admirals — warfighters — to select and recommend the single best fully qualified nominee. Instead, Hegseth reportedly directed a rank-ordered list of officers from which to choose, which gave him broad discretion and opened the door to favoritism. This process was unprecedented. It demands an investigation, especially considering Hegseth’s previous characterization of judge advocates as “roadblocks.”

Only recently did the administration nominate new judge advocates for the Army and Navy. The Air Force still awaits a nomination. All three services remain without a Senate-confirmed judge advocate for their top legal office.

The delay is troubling, but it gives the Senate the opportunity to exercise its constitutional duty of advice and consent on presidential nominations. Though it may be too late to reinstate those wrongfully removed, the Senate should fully inquire into their removal. This is especially warranted since Congress, to shield legal advice from interference, previously repealed the law that once allowed presidents to terminate judge advocates’ four-year term at any time.

That presidential prerogative and service “at the pleasure of the president” remains authorized by statute for the chairman of the joint chiefs of staff, the chief of naval operations, and other senior officials, but not for the top uniformed legal officers. The public deserves to know why Hegseth ignored this distinction and skirted the law intended to protect the independence of military legal counsel.

The nominees for these positions do not usually appear at public confirmation hearings, but the firings and novel selection process demand transparency and accountability. At a minimum, Congress should require nominees to commit publicly to providing independent legal advice. This will help Congress assess their qualifications and suitability and reinforce trust in the legal integrity within the Defense Department.

A public hearing also signals Congress’ commitment to oversight and the rule of law as crucial to national security. Amid attacks on courts and judges, a hearing would also give the administration a timely opportunity to publicly voice its own stance and commitment to independent legal advice. Importantly, Congressional action will also inform and educate the public.

The delay in seating new judge advocates gives the Senate an opportunity to address the summary firings and their aftermath. This is the moment to reaffirm congressional support for the rule of law and independent legal advice in our nation’s armed forces. Given the recent hostilities with Iran, the need has seldom been more urgent. I strongly urge the Senate to use this moment to acknowledge and fulfill its Constitutional responsibility.

Maj. Gen. John Ewers is a retired Marine officer and former staff judge advocate to the commandant of the Marine Corps. He served on the Military Justice Review Panel, a bipartisan blue-ribbon panel chartered by Congress to independently assess the operations of military justice. In April, Secretary Hegseth dismissed the panel members three years into their eight-year statutory terms. Ewers authored this commentary together with eight other former panel members from all the military services.