Doesn't make a difference...he's AWOL now.
The only reason that Hassoun's family can float this BS story is because the public isn't privy to just what evidence was present when the Marines found his personal effects in a safe-house in Fallujah. The Marines didn't have much evidence against him before that beyond some circumstantial evidence. I don't know what they found in Fallujah, but it must have been good because Hassoun was charged soon after.
No, he was UA. Now Hassoun is a deserter.