Unfortunately the Military Judicial system is far different then civilian. He will lose in a split second and no mention of Obama will be allowed.
So he’ll have to go back to being a surgeon and making money???
The real losers will be the troops that get hurt and need care.
The first statement is correct, but the second is speculation at best. They must let him present his defense arguing that the orders were illegal. It's the only defense he has, since it's clear he did not follow the order to report to Ft. Campbell for pre-deployment training and then deployment.
The Military Justice system actually has more protection for defendants than the civilian one.
The military system is far more defendant-friendly than the civilian system. As a former military proescutor, I would rather be tried in a military court than in any other forum.
The interesting thing here is that the Obama administration MUST recuse itself as to any involvement whatsoever so as to avoid breaching the rules against “undue command influence”.
The military justice system is ultimately run by the commanders. Lawyers and judges run the trials, but the prosecution is run by the command, and ultimately the command can always overturn a conviction or reduce the penalty imposed (but the command cannot overturn an acquittal or increase the penalty imposed).
The judges and defense attorneys are independent of the commanders through a very effective “Chinese wall”. The commanders and prosecutors are also protected by the prohibition of undue command influence, which prohibits a senior commander from influencing how a junior commander handles a case. Commanders decide whether to prosecute. And the senior commander cannot interfere with that decision. A senior commander can bring the case up to his level, however. But that is often avoided so that the senior commander will not have his name on the decision.
If any senior commander even hints that they are taking Obama’s wishes account, then the defendant will be able to pursue a new trial.
Then they will have to allow him to remain in jail rather than ask Obama to produce a $12 document.
I predict he will be forced to retire or something of that nature, to avoid this.
If you had read some of the comments by former (and perhaps current) military freepers, you would see that they view this differently.