Quoted: Interesting defense possibilities as we never declared war on North Korea. Technically, it was a UN police action.
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It's still desertion in the face of the enemy under UCMJ. UCMJ doesn't require a declaration of war for it to be in force. The fact that no war was declared is no defense at all.
His best bet is to trade every scrap of information on what's going on in North Korea. Combine that with a good brainwashing story and how once he realized what was going on it was too late, and he couldn't abandon his wife, his kids, yada, yada. Do it all standing and facing the music like the man he should have been because the Japanese have a big political stake in him right now as well. There's some political pressure from Japan to go lightly on him because they're trying to deal with the North on missing Japanese, and burning him at the stake won't help. There's been alot of backroom stuff going on with this guy as well. I think Japan and the US has already worked out what's going to happen to this joker.
I think he'll be found guilty, given a DD, but no jail time, and probably live the rest of his life in Japan.
Ross