Defense Sec Lloyd Austin may have 'broken the law' by not reporting his hospitalization, surgery: legal experts

Defense Secretary Lloyd Austin might have broken the law by neglecting to inform other officials about his absence when he had been hospitalized due to complications from prostate cancer surgery, according to a new report. 

Two legal experts have told Reuters that Austin may have violated a US law on "reporting of vacancies" that mandates executive agencies to report top-level absences as well as the names of anyone serving in an acting capacity to Congress.

As this is going on, the Pentagon has opened a probe into the incident while a Republican lawmaker filed articles of impeachment against Austin, according to the Daily Mail.

The 70-year-old Austin is still staying at Walter Reed Medical Center but is no longer in the ICU. He additionally has taken control back of his authority as the head of US armed forces, per the outlet.

A report released shortly after Austin's unexpected absence indicated that the Biden administration was "embarrassed" by the fiasco as it was unaware of its occurrence until days after it had taken place. 

The Pentagon reported on Monday night that it remains unknown when Austin will be checked out of the hospital, but promised to provide daily updates until it happens. 

Pentagon press secretary Major General Patrick Ryder put out a statement saying that Austin "continues to experience discomfort but his prognosis is good." He additionally said Austin is in "good condition" and is "recovering well and in good spirits."

Kelly Magsamen, who works as Austin's chief of staff, kicked off a 30-day investigation into what happened surrounding Austin's hospitalization, the Pentagon revealed late Monday night.

The matter will be led by Jennifer Walsh, the Pentagon’s director of administration and management, per the Daily Mail.

Officials have said that Magsamen falling ill with the flu was a contributing factor to the White House not being briefed about Austin's condition.

Despite these claims, top staffers for Austin had been aware of his hospitalization on Jan. 2, just one day after it occurred. Joe Biden, however, was kept in the dark until Jan. 4.

"This review will help to ensure clarity and transparency when a determination has been made that certain authorities have been transferred," Magsamen said of the probe. "And that proper and timely notification has been made to the President and White House and, as appropriate, the United States Congress and the American public."