No it won't...not *inside* the courtroom at least.The Colonel's gonna be convicted and the trial judge won't allow a single word about "eligibility" to be utter in the courtroom.I'm not saying that that's the way it *should* be but that *is* the way it *will* be.
Two words...Micheal New.
Don’t get your hopes up.
Since that would mean the accused would not have been allowed to present his defense, that the orders were not lawful, it would be a violation of the Manual for Courts Martial. Something an appeals court would not look kindly on. Now the court might rule that eligibly was not relevant to the lawfulness of the order. But that too would likely be a violation,since the MCM specifically mentions the authority of the order giver.