The law doesn't mention "combat" only "serving outside the United States".
If McCain somehow manages to dodge all the minefields and gets elected President, his first act should be to fire these Assistant US Attorneys peckerwoods.
His next act, now, should be to introduce legislation to amend the law to exclude actions committed during combat or in a combat zone, from trial in Civilian courts. And to make all trials of former service members be conducted in Military Courts, not civilian courts. People can always be recalled to active duty for trial.
“His next act, now, should be to introduce legislation to amend the law to exclude actions committed during combat or in a combat zone, from trial in Civilian courts. And to make all trials of former service members be conducted in Military Courts, not civilian courts. People can always be recalled to active duty for trial.”
And add, especially when an act was ordered over a communications device such as a radio.
This should never have gone to court. It should have been laughed out as soon as it was filed.