If there was any case within my knowledge screaming, "Try the charges downtown!", this is it.
Is the thinking/argument going to be that the panel of a General Courts Martial is going to provide the independence required to keep this within the Military Justice System? While that may hold a little bit of water for the final verdict, how is that going to play out with the motions that are inevitably going to be brought forward by the prosecution and defense before and during the Courts Martial? The Military Judge is going to be the one making a determination on those motions, most of which are critical in arguments, challenges, admission or exclusion of statements, confessions (if any) and evidence etc by both sides?
The pitfalls in this are many and I am personally skeptical that there is any possibility of finding a truely untainted Military Judge. He has been a Military Judge since 2001 and CMJ since 2006 and it is a very, very small club. Or are we to suspend disbelief and suddenly think Military Judges aren't human and will be 100% impartial towards their (possibly former) boss?
My biggest question though is; will he use Defense Counsel Services or opt for a private lawyer? If he opts for a private lawyer, I suspect the demand for Defense Counsel Services is going to take a hit. If the CMJ doesn't trust them enough for his defense, why would anyone else?