Former NASA Astronaut Files Lawsuit Against Pentagon Over Administrative Actions

A former NASA astronaut is challenging Pentagon disciplinary actions in a legal dispute over free speech protections.

Mark Kelly, a retired U.S. Air Force colonel and former U.S. Senator from Arizona, filed a lawsuit against the Department of Defense and Secretary of Defense Pete Hegseth, alleging unconstitutional retaliation for his public statements.

The Pentagon initiated proceedings under 10 U.S.C. § 1370(f), which authorizes administrative actions against military personnel for misconduct, including reductions in retirement grades.

Kelly faces a formal Letter of Censure to be placed in his permanent military file, along with potential pay reductions.

The statute permits such measures when service members engage in conduct deemed incompatible with military standards.

Kelly’s legal team argues the actions violate the First Amendment, asserting his 90-second video warning service members against obeying illegal orders constitutes protected political speech.

In a statement, Kelly described the actions as "coming after what I earned through my twenty-five years of military service... His unconstitutional crusade against me sends a chilling message to every retired member of the military."

The Pentagon has not released detailed procedural justifications beyond Hegseth’s public statement, which characterizes Kelly’s remarks as a breach of military conduct norms.

Department of Defense spokespersons have declined to comment on ongoing litigation.