[Gay State Conservative]

IIRC there was talk of him trying to get off on the grounds of undue command influence...meaning DJT having declared him to be a traitor during the campaign...while he was very much a "private citizen".

Looks like his lawyers advised him that that wasn't gonna fly.

[dsc]

“while he was very much a “private citizen”

Not for any period during which he was subject to the UCMJ. A person who is charged under the UCMJ following discharge is recalled to active duty.