Quote Originally Posted by lars573
Impossible, he never left the base. And most civilize nations these days only level the death penalty for desertion after war is declared. Which is hasn't.
Correct. The charges brought forward are the appropriate ones. The USA has not executed someone for desertion/cowardice in the face of the enemy since the 2nd World War.

However, the UCMJ does not require that war be declared to level such a punishment (though in practice that has been the standard).

Note: according to a number of constitutional scholars, Congress' "blank check" authorization effectively did declare war, or more accurately allowed the President to declare and wage war as needed to combat extra-national terrorism with the permission of Congress.

I have no doubt that many in Congress regret that vote, and that most Constitutionalists in the USA would view it as Congress' "woosying out" on doning their appointed job. I do not like Carte Blanche powers -- especially without a sunset clause, in the hands of the executive.