Recent actions by Defense Secretary Pete Hegseth have sparked concerns among some Democrats, who argue that his new directive may undermine Congress’s oversight abilities. This controversy arises from Hegseth’s order that requires Defense Department personnel to channel all interactions with Capitol Hill through the department’s central legislative affairs office.

On October 15, Hegseth, alongside his deputy Steve Feinberg, issued a memo mandating that all Defense Department officials must obtain permission from the main legislative affairs office before engaging with lawmakers or their aides. This policy has raised alarms among legislators who worry it might restrict the Pentagon’s information flow to Capitol Hill, potentially stifling transparency.

In the three-page memo, Hegseth and Feinberg expressed concerns that unauthorized communications with Congress could jeopardize the Department’s overarching goals. “Unauthorized engagements with Congress by [Defense Department] personnel acting in their official capacity, no matter how well-intentioned, may undermine Department-wide priorities critical to achieving our legislative objectives,” they stated.

This directive encompasses a wide range of individuals within the department, from the chair of the Joint Chiefs of Staff and senior leaders to service secretaries, combatant command heads, directors of department agencies, legislative analysts, and congressional affairs officials. However, the Defense Department inspector general’s office is exempt from this requirement.

The move has drawn sharp criticism from some Senate Democrats, who argue that the memo could hinder their oversight responsibilities and possibly violate legal statutes. The debate continues as lawmakers assess the implications of this directive on the balance of power and transparency between the Pentagon and Congress.

“It is directly contradictory to congressional oversight, and it invites a confrontation with Congress. I don’t know how any of us can accept that kind of limitation on the scrutiny that the Pentagon needs and deserves,” Sen. Richard Blumenthal (D-Conn.), who sits on the Senate Armed Services Committee, told The Hill on Thursday. 

“Because a trillion dollars of taxpayer money is an investment the American people are making there, and they deserve oversight,” Blumenthal added of the Pentagon’s massive budget. “The memo is, in my view, an improper and perhaps illegal constraint.” 

Rep. Adam Smith (D-Wash.), the top Democrat on the House Armed Services Committee, said he is “deeply” concerned about the memo, saying it “signals the administration’s intent to further restrict communication with Congress and impede this committee’s access to detailed information in a timely manner.” 

Smith, who has criticized Hegseth’s leadership at the Pentagon and raised concerns about the U.S. military’s strikes against alleged drug-trafficking boats in the Caribbean, argued the move means the Trump administration is continuing to be the “least transparent with or responsive to Congress.” 

“Since January, it has been difficult, and at times impossible, to get answers to even the most basic questions submitted by this committee. We have a constitutional responsibility to conduct oversight,” Smith said in a statement Thursday. 

“They must immediately return to working with our committee in a collaborative and bipartisan manner for the sake of our national security, national defense, constitutional Republic, and to provide transparency for the American people.”

Requests for information, technical assistance and legislative correspondence and other communication with Congress also have to be coordinated with the Office of the Assistant Secretary of War (OASW) for Legislative Affairs office, according to the memo. 

The order marks a shift, as previously military branches and Defense Department agencies were permitted to handle their own communication with Capitol Hill. 

The Pentagon defended the memo, saying it is a “pragmatic step to internally review” the department’s “processes” for communicating with Congress.

“The Department intends to improve accuracy and responsiveness in communicating with the Congress to facilitate increased transparency,” Sean Parnell, the chief Pentagon spokesperson, said in a Thursday statement to The Hill. “This review is for processes internal to the Department and does not change how or from whom Congress receives information.” 

The memo clarifies that Defense Department employees still have whistleblower protections and other rights granted by law to communicate with Congress. And it says the department comptroller will continue to “serve as the principal legislative liaison for the appropriations committees and the Congressional Budget Office in direct coordination with OASW.”

The Pentagon’s general counsel role and authority have not changed, according to the memo. 

Sen. Angus King (I-Maine), another lawmaker who sits on the Senate Armed Services Committee, ripped the memo Thursday and argued it will hamper Congress’s ability to perform oversight.

“Yes, as a member of the Armed Services and Intelligence committees, we’re in touch with the people of the Pentagon all the time,” King told reporters at the Capitol on Thursday when asked if he was worried about the memo. “And I don’t — I don’t understand it, and I don’t like it.” 

Hegseth and Feinberg have directed the Pentagon’s assistant secretary of legislative affairs to perform an overview of the department’s communications with Capitol Hill, which is expected to be complete in 90 days. 

In a second memo, which was authored Oct. 17, Hegseth and Feinberg directed a “working group to further define the guidance on legislative engagements.”

When reached for comment, the office of Sen. Roger Wicker (R-Miss.), the chair of the Senate Armed Services Committee, declined to comment on the Oct. 15 memo. 

The move to restrict communication with Congress comes in the wake of an exodus of mainstream media from the Pentagon’s press corps after Hegseth implemented a new policy requiring the department’s approval for reporting on nonpublic information.