“Kagan said he expects the case to eventually go before the 9th U.S. Circuit Court of Appeals where it may take up to three years before a decision is rendered.”
He is counting on a Democrat to pardon him. As the facts stand he is guilty as hell.
You're correct and in fact he stipulated to facts in his court-martial that would have convicted him and that's why the judge ordered a mistrial. Then his attorney's come back and cry double jeopardy, it's all nuts!