This sounds like trust law, and I'm not a lawyer.
My 401(k) allows hardship withdrawals for an employee or a lump sum withdrawal if an employee quits
before age 59 ½. It also allows current and former employees to receive the stock dividend as a check mailed
to us instead of reinvesting it in the plan.
Mr. Boehner or Mr. McConnell could hold a press conference and explain why this confiscation won't happen.
Most plans allow these. But they are not the same thing as "you can take your money out at any time." These are specific exceptions to the general rule that you can't take the money out until retirement and they are allowed by the regulations that govern these plans. It's important not to confuse the exceptions with the general rule.