We’ve only carried out one execution for desertion since the Civil War (Eddie Slovak during WWII). That said, I do think this fellow should spend at least the next 10 years in Leavenworth.
Lakin is charged with violating Article 92, which covers 2 different kinds of orders.
Article 92(1) regards general orders and regulations. Lakin’s orders are not general orders, but specific, direct orders to him.
Article 92(2) regards orders that aren’t chargeable under Article 90, 91, or 92(1). If a person can be charged under Article 90, 91, or 92(1) they can’t be charged under 92(2)
Article 90 regards lawful orders from a superior commissioned officer. The orders Lakin is accused of disobeying are direct orders from a Lt Col and 2 Col’s - all superior commissioned officers.
Lakin can be charged under Article 90 so it is not lawful for him to be charged under Article 92(2)
How can he lawfully be charged under Article 92?
He can’t, and that tells you how much the United States military cares about lawfulness. If they treat something is clear-cut as this with such disregard, what makes you think they are treating anything else with earnestness?