The attorney said the accuser is no longer bound to the legal agreement, which as been breached, and is free to speaking publicly if she chooses.
The lawyer for Secretary of Defense nominee Pete Hegseth said on Dec. 5 that his client’s sexual assault accuser could face civil extortion and defamation lawsuits if he is not confirmed for the position by the Senate.
Tim Parlatore told CNN’s Kaitlan Collins on Thursday that the woman who accused Hegseth of sexual assault is free to speak about the incident publicly now that her settlement agreement with the defense nominee is breached, but that doing so could put her in legal jeopardy if “she doesn’t tell the truth.”
“If she repeats these false statements, then she will be subject to a defamation lawsuit,” Parlatore said.
“Quite frankly, with the violation of the agreement, if he is not confirmed as a Secretary of Defense, we may still bring a civil extortion claim against her.”
In subsequent interviews with the police, the woman, who went by Jane Doe, said she remembered being in a hotel room with Hegseth and that he allegedly took her phone and blocked the door to prevent her from leaving, according to the supplemental accounts in the police report. She later accused Hegseth of rape.
Hegseth, who was until recently a host on Fox News, has denied the allegations and said he had a consensual affair. He accused the woman of making up the story because she regretted cheating on her husband, who had attended the conference with her and was staying in the same hotel that night.
The allegations surfaced in November after Trump nominated Hegseth to lead the Department of Defense.
Parlatore also said that Hegseth had received background check forms from the FBI on Wednesday and that “we’re working on them right now.” He also confirmed that an employee complaint from Hegseth’s time at Fox News will be made available to the Senate Armed Services Committee if requested.
Parlatore told The Epoch Times on Friday that a defamation lawsuit is still possible if the Senate confirms Hegseth if the accuser makes any false statements publicly but that damages would increase if he loses the confirmation.
“If she wants to come out and tell the truth, I have no problem with that,” he said. “I don’t think she would, I think it would be very inadvisable for her to, and I have no indication that she intends to.”
After Parlatore spoke with CNN, Sen. Richard Blumenthal (D-Conn.) accused the attorney of witness intimidation, which Parlatore described as a legal misinterpretation.
“There’s nothing wrong with saying if someone intends to break the law, that they will be held accountable,” Parlatore told The Epoch Times, explaining that witness intimidation would be threatening someone from providing “truthful testimony” since both he and Hegseth maintain that the woman’s story is false.
“It’s a significant legal difference,” he added.
Parlatore previously represented President-elect Donald Trump in his classified documents case, which was dismissed by U.S. District Judge Aileen Cannon earlier this year.
The attorney suggested that the accuser write a letter to the Senate saying she ”made a mistake” with the accusations and that her identity would remain concealed.
“It would go a long way to resolving everything,” Parlatore said.
Hegseth has committed to staying in contention as the defense secretary, and Trump has defended the former host amid recent scrutiny. Hegseth also faced allegations of excessive drinking and improper sexual behavior at two veterans groups he used to work for.
A 2018 email from his mother, Penelope Hegseth, was recently leaked, in which she accused him of mistreating women. Since the release, she has appeared on Fox News to defend her son. She said she had sent a follow-up email apologizing for her initial claim.
