W. Steube

Rep. Greg Steube, R-Fla., said Thursday on Newsmax that War Secretary Pete Hegseth was justified in punishing Sen. Mark Kelly, D-Ariz., over a video urging military personnel to reject unlawful orders, arguing the dispute is likely headed to the U.S. Supreme Court as courts weigh how much free speech protection retired military officers retain.

Steube made the comments during an appearance on "National Report" as the Biden- and Obama-appointed judges on the U.S. Court of Appeals for the District of Columbia Circuit prepare to hear the Pentagon's appeal of a federal judge's injunction blocking Hegseth from taking disciplinary action against Kelly.

"I think I agree with Secretary Hegseth," Steube said.

"I think this was clearly intended to undermine the president of the United States," he added. "This was clearly intended to undermine law and order within the military ranks, military command structure."

Steube added that he did not believe the appeals court would have the final word, saying, "I don't think you're going to see this resolved at this appeals court level."

He said, "Two of the three judges, one was appointed by Biden, one was appointed by Obama. Obviously, they're left-leaning judges."

"I think ultimately the Supreme Court is going to have to make this decision," added Steube.

The legal fight stems from a November 2025 video in which Kelly and several Democrat lawmakers with military or intelligence backgrounds told service members they must refuse unlawful orders.

Hegseth later issued Kelly, a retired Navy captain, a formal letter of censure and launched proceedings that could reduce his retirement rank and pension.

U.S. District Judge Richard Leon blocked the Pentagon's actions in February, ruling the administration had likely violated Kelly's First Amendment rights and noting that courts have never extended the speech restrictions applied to active-duty troops to retirees serving in Congress.

Steube argued retired military officers still face greater oversight for public comments than ordinary civilians.

"But we have different responsibilities as military service members," Steube said.

"There is a different level of scrutiny of speech of military service members and those that are retired from the military … that the secretary has jurisdiction over them."

He also accused Kelly and other Democrats of trying to sow doubt among troops without identifying any actual unlawful orders from President Donald Trump.

"They're planting the seed of doubt in the minds of junior officers and enlisted men and women in the military, confusing them on what they should and shouldn't be doing," Steube said.

During the interview, Steube referenced Kelly's previous remarks on CNN questioning hypothetical military operations against Venezuelan drug cartel members and said disobeying such orders could have resulted in court-martial proceedings.

"I don't believe that he would have because he would have been court-martialed for refusing a lawful order," Steube said.

Kelly has argued the Pentagon's actions amount to unconstitutional retaliation designed to silence dissent from retired service members and lawmakers. Civil liberties groups, including the Cato Institute and the Foundation for Individual Rights and Expression, have warned the case could set a sweeping precedent affecting millions of retired military personnel.

"This Court has all it needs to conclude that Defendants have trampled on Senator Kelly's First Amendment freedoms and threatened the constitutional liberties of millions of military retirees," Leon wrote in his February ruling.

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