The United States Defence Secretary, Pete Hegseth, has intensified attacks on Arizona senator Mark Kelly by directing the secretary of the navy to investigate comments made by Kelly and fellow Democrats in a recent social media video.
The order, issued on Tuesday in the form of a memorandum to Navy secretary John Phelan, requires a review of remarks that reminded serving soldiers and intelligence officers of their right to refuse unlawful orders. Hegseth requested a briefing on the matter by 10 December.
The Pentagon confirmed on Monday that it had already opened an investigation into Kelly for possible breaches of military law. The move follows accusations by President Donald Trump that Kelly and his colleagues engaged in “seditious behaviour” by producing the video. In response, Kelly has accused the president of using the Federal Bureau of Investigation (FBI) as a tool to intimidate and harass members of Congress.
The video, released last week, featured Kelly alongside five other Democratic lawmakers. In it, the group encouraged military service members to resist illegal commands, a message that drew sharp criticism from Trump. The president took to social media to denounce the politicians as “traitors”, suggesting they could face imprisonment or even the death penalty.
A subsequent statement from the group, issued by representatives Jason Crow of Colorado, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Maggie Goodlander of New Hampshire, confirmed that the FBI had contacted the House and Senate sergeants at arms to request interviews with them. The lawmakers insisted they would not be deterred by what they described as intimidation.
“No amount of intimidation or harassment will ever stop us from doing our jobs and honouring our constitution,” the statement read. “That oath lasts a lifetime, and we intend to keep it. We will not be bullied. We will never give up the ship.”
The dispute has widened tensions between the Trump administration and Democratic members of Congress, particularly Kelly, a former astronaut, and Michigan congresswoman Elissa Slotkin. Both were among those who appeared in the video urging military and intelligence personnel to “refuse illegal orders”.
Slotkin revealed that the FBI’s counter-terrorism division had informed the group that an inquiry was being opened against them. She described the move as a “scare tactic” orchestrated by Trump. “To be honest, the president’s reaction and the use of the FBI against us is exactly why we made the video,” she said. “He believes in using the federal government against his perceived adversaries, and he’s not afraid to use the arms of the government against people he disagrees with. He does not believe the law applies to him … which is exactly why we made the video, to give people some assurance that they weren’t alone as they watch this stuff unfold.”
The Pentagon has further stated that it is reviewing misconduct allegations against Kelly which could, if substantiated, lead to him being recalled to active duty to face court-martial proceedings. Such a step would be highly unusual for a sitting senator and would mark a significant escalation in the confrontation between the administration and its critics in Congress.
The controversy underscores the fraught relationship between Trump and Democratic lawmakers, many of whom have accused the president of abusing federal institutions to target political opponents. The video, intended as a reassurance to military and intelligence officers, has instead triggered a fierce backlash and raised questions about the boundaries of political speech in relation to military conduct.
As the investigation proceeds, the dispute is likely to intensify, with both sides framing the issue as a test of constitutional principles. For Kelly and his colleagues, the matter is about defending the rule of law and resisting unlawful authority. For the administration, it is about maintaining discipline within the armed forces and punishing what it views as subversive behaviour.
With deadlines set and inquiries underway, the coming weeks will determine whether Kelly and his fellow lawmakers face formal charges, or whether the controversy will remain a political battle fought in the public arena.
