The author writes “the government can challenge this at the supreme court”
Nope. Two different judicial systems.
Actually, Govt can appeal to SCOTUS. However, likelihood is slim to nada that Supremes will take it and Govt knows this. CAAF held up decision of Army court in US v Behenna, then Behenna’s Defense team appealed to Supremes. Supremes denied Cert on Behenna earlier this month. Most likely the JAG will get jiggy with the Convening Authority of 1 MEF, General Toulan and “sort it out”.
Believe me, persecution does not want to retry this case, Hutchins finally has a great lawyer in Maj. Kaza and Kaza will GET the evidence.