That's the way I see it also. It was premeditated and he deserted, period.
I would like to think 0bama won't interfere by swaying the brass against bringing charges and sending him before an Article 32 hearing but will not hold my breath.
If they discharge him, I think it’s all over. Hamdaniya (sp) proved they can bring a discharged soldier to trial for a capital offense committed while on active duty, but I don’t think that law applies to any offense. They would have to find a way to directly link him to the deaths of those searching for him. If they ever proved he did attack Americans, they could probably bring him back for trial for that, but there’s nothing I’ve read that even suggests that.