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Summarize
Why ex-NASA astronaut Mark Kelly has sued Pentagon, Pete Hegseth
The legal action comes after Hegseth's decision to censure and demote Kelly for his comments in a video

Why ex-NASA astronaut Mark Kelly has sued Pentagon, Pete Hegseth

Jan 13, 2026
12:24 pm

What's the story

United States Senator Mark Kelly (D-Ariz.) has filed a lawsuit against the Pentagon and Secretary of Defense Pete Hegseth. The legal action comes after Hegseth's decision to censure and demote Kelly for his comments in a video released late last year. The video was made in collaboration with five other Congress members with military or intelligence backgrounds, warning US servicemembers against following illegal orders.

Legal action

Hegseth's censure and Kelly's legal response

In response to the video, President Donald Trump called it seditious and the Pentagon began investigating Kelly for possible misconduct. Hegseth announced administrative action against Kelly, including retirement grade determination proceedings under 10 U.S.C. SS 1370(f). This could lead to a reduction in his retired pay and rank. In light of these developments, Kelly has filed a lawsuit in Washington, D.C., claiming that these actions are "unlawful and unconstitutional."

Free speech

Kelly's stance on military rank and free speech

Kelly, a former US Navy fighter pilot and NASA astronaut, has been vocal against the actions taken by Hegseth. He argued that military rank is earned through sacrifice and leadership, not arbitrary decisions by officials. The lawsuit contends that the First Amendment prohibits punishing individuals for their political speech, especially legislators discussing public policy matters.

Accusations

Kelly accuses Hegseth of unconstitutional crusade

Kelly has accused Hegseth of launching an "unconstitutional crusade" against him. He claimed it sends a chilling message to retired military members about possible censure and prosecution for expressing dissenting views. The senator's lawsuit seeks to challenge the legality of Hegseth's actions and protect the rights of retired military personnel to speak freely without fear of retribution.