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Pete Hegseth’s lawyer and Sen. Tom Cotton slammed West Point on Wednesday for falsely claiming the defense secretary-designate was never accepted into the nation’s top military academy — in potential violation of federal privacy laws, according to letters exclusively obtained by The Post.
Attorney Tim Parlatore and Cotton (R-Ark.) fired off a pair of letters to the US Military Academy’s superintendent, expressing concern that a public affairs officer shared “false information” with a journalist that could have blocked President-elect Donald Trump’s defense pick from confirmation.
“Not only did Mr. Hegseth apply, but he was accepted as a prospective member of the class of 2003,” Parlatore said in a letter to West Point Superintendent Lt. Gen. Steven Gilland, disclosing a copy later tweeted by his client of the offer of admission in 1999.
“The use of false statements to influence or damage a political nominee’s reputation is particularly concerning, as it may interfere with the democratic process and the fair consideration of candidate for public office,” he added.
Cotton claimed that West Point’s civilian press rep, Theresa Brinkerhoff, also showed “egregiously bad judgment to share such information about the nominee to be Secretary of Defense with a known liberal outlet like ProPublica,” claiming that the reporter at the outlet was preparing “a derogatory hit piece.”
“Perhaps there’s an honest mistake here, though I can’t imagine what it might be,” the Arkansas Republican said. “But I also can’t imagine this action was authorized or known to the West Point leadership.”
A West Point spokesperson later told The Post, “A review of our records indicates Peter Hegseth was offered admission to West Point in 1999 but did not attend. An incorrect statement involving Hegseth’s admission to the U.S. Military Academy was released by an employee on Dec. 10, 2024.”
“Upon further review of an archived database, employees realized this statement was in error,” the rep said. “Hegseth was offered acceptance to West Point as a prospective member of the Class of 2003. The academy takes this situation seriously and apologizes for this administrative error.”
Investigative nonprofit ProPublica, which bills itself as a “nonpartisan, careful and independent,” was reporting a piece on Hegseth’s links to West Point when it got the erroneous statement from the prestigious academy. The story never ran after the publication eventually received a copy of Hegseth’s admission letter.
“So: No, we are not publishing a story,” ProPublica editor Jesse Eisinger posted in a lengthy thread on X Wednesday. “This is how journalism is supposed to work. Hear something. Check something. Repeat steps 1 and 2 as many times as needed. The end.”
Both Parlatore and Cotton called for a thorough investigation into the matter and noted that West Point’s actions may have violated the Privacy Act of 1974, which prohibits federal agencies from disclosing personnel records without the individual’s express consent.
The only exceptions to the statute involve records that are demanded by law enforcement or asked for via a Freedom of Information Act (FOIA) request — neither of which applied here, according to Parlatore.
Technically, all West Point records are under the purview of the Department of the Army in the Pentagon, which Hegseth, an Army combat vet, will oversee if a majority of the Senate confirms him in the 119th Congress.
In addition to “reputational harm,” Parlatore added, the potentially criminal fabrication could also “undermine public trust” in the US military.
“In light of these concerns, I urge you to investigate this matter thoroughly and take appropriate corrective action to prevent future violations. As a fellow Service Academy graduate, I am sure that we both agree that it is imperative that our Service Academies uphold the highest standards of privacy, accuracy, and integrity in their communications.”
Making false statements as an executive branch employee with the intent to mislead is punishable by up to five years in prison and a fine.
The attorney’s missive to the US Military Academy shows that Hegseth was accepted for admission to the US Military Academy in January 1999 — but he chose to enroll at Princeton University instead later that year.
The future defense nominee served in the Ivy League school’s ROTC program and graduated in 2003, going on to serve in the Minnesota National Guard and Army National Guard for nearly two decades and rising ultimately to the rank of major.
He served three deployments — including as a platoon leader during the Iraq war and teacher of counterinsurgency tactics in Afghanistan — and was awarded two Bronze Star Medals.
Hegseth, 44, has waded other accusations from anonymous former colleagues about being ousted from veterans groups he helmed between 2007 and 2016 for binge drinking and sexual impropriety — though those who worked alongside him have dismissed the allegations in their entirety as untrue.
Parlatore disputed other allegations of sexual assault in 2017 by pointing to police reports contradicting the accuser — who he believes made other false claims of misconduct against another person.
Hegseth’s confirmation appeared on the rocks for weeks as Republican senators expressed reservations about the “concerning” allegations against the defense appointee — but Trump, 78, refused to back down.
“Pete Hegseth is doing very well. His support is strong and deep, much more so than the Fake News would have you believe,” the once and future president wrote on Truth Social last week, rejecting reports he was reconsidering his pick.
“He was a great student – Princeton/Harvard educated – with a Military state of mind. He will be a fantastic, high-energy, Secretary of Defense” he added, predicting the former Fox News personality will be “one who leads with charisma and skill.
“Pete is a WINNER, and there is nothing that can be done to change that!!!” he crowed.
Sen. Joni Ernst, who is a rape survivor, was the only Republican to indicate she was not ready to vote “yes” on Hegseth’s confirmation but has since warmed up to the Pentagon nom after private discussions.
“Following our encouraging conversations, Pete committed to completing a full audit of the Pentagon and selecting a senior official who will uphold the roles and value of our servicemen and women — based on quality and standards, not quotas — and who will prioritize and strengthen my work to prevent sexual assault within the ranks,” Ernst (R-Iowa) said.
It would only take four GOP senators voting “no” to torpedo a Trump nominee.