The Uniform Code of Military Justice (UCMJ) is a commander’s program.
Generals in the chain of command can halt a prosecution process at any time for any reason (and must approve all sentences).
It seems that the Commander in Chief would be able to disapprove any capital punishment. Then again, the President can always pardon or commute the sentence of anyone convicted of a federal crime.
But the beauty is that the State of Texas has jurisdiction to try a soldier who commits a crime in Texas, regardless of what the feds want to do - and it is NOT double jeopardy to try a soldier for violating a federal crime under the UCMJ by killing person A, and then try him under Texas law for killing person A.
Thanks for the information. Honestly, I think Texas would be more likely to mete out justice than our military with a Muslim sympathizer commander in chief. They are afraid to call this what it is. General Casey is more worried about a Muslim backlash than bringing this murderer to justice.