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Kelly, a retired Navy captain and former astronaut, is seeking an injunction against the Pentagon for threatening to demote him in rank and reduce his military retirement benefits because of a video he made with other Democratic members of Congress who had served in the military or national security that urged troops not to comply with illegal orders. 

In a closed-courtroom hearing, Judge Richard J. Leon, who was nominated to the D.C. District Court by President George W. Bush, pressed the Trump administration's legal team on whether the government had the power to take such action.

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