Pete Hegseth orders US navy to investigate Mark Kelly’s comments

The US defense secretary, Pete Hegseth, escalated attacks by Trump administration chiefs on Arizona senator Mark Kelly on Tuesday by ordering the secretary of the US navy to investigate “potentially unlawful comments” made by Kelly in a social media video with other lawmakers.

Hegseth’s order came in the form of a memorandum to John Phelan asking the Navy secretary to review Kelly and a group of fellow Democrats’ comments in the video last week that sought to remind serving soldiers and intelligence officers that they have the right to refuse unlawful orders.

Hegseth said in the memo that he wanted a brief from Phelan that he could review by 10 December.

The Pentagon had issued a statement on Monday that it was investigating Kelly for possible breaches of military law.

Kelly and the other Democrats have been accused by Donald Trump of “seditious behavior” , to which Kelly has responded that the US president is using the Federal Bureau of Investigation (FBI) against them as a “tool to intimidate and harass members of Congress”.

The four politicians, along with two others, had made a video encouraging US military service members to resist unlawful orders – a message that angered Trump, who posted on social media that the group were “traitors” and thus could be jailed or even face the death penalty.

The latest statement from the group, released by congressional lawmakers 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 requesting interviews with them.

“No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our constitution,” they said, adding that they had each sworn an oath “to support and defend” the US constitution.

“That oath lasts a lifetime, and we intend to keep it. We will not be bullied. We will never give up the ship,” they added.

The statement deepens a dispute between the Trump administration and Democrats, including Arizona senator and former astronaut Kelly and Michigan congresswoman Elissa Slotkin, over the video message, which urged the military and intelligence services members to “refuse illegal orders”.

Slotkin said the FBI’s counter-terrorism division had notified the group that “they are opening what appears to be an inquiry against the six of us” and described the move as a “scare tactic” 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 also said it is conducting a review of misconduct allegations against Kelly that could, it said, result in him being recalled to active duty to face court-martial proceedings.