To be fair, the Uniform Code of Military Justice is wholly separate from the Constitution and the modern form (including the unlawful command influence clause[1]) has only really existed since 1950.
He probably should have been more wary after commenting on the Chelsea Manning case, but it's worth noting that there have been many judges who haven't dismissed cases after his remarks, so at the very least the propriety of his statement (which was fairly tame and limited to calling for discharge once convicted) is debatable.
He probably should have been more wary after commenting on the Chelsea Manning case, but it's worth noting that there have been many judges who haven't dismissed cases after his remarks, so at the very least the propriety of his statement (which was fairly tame and limited to calling for discharge once convicted) is debatable.
[1] http://www.au.af.mil/au/awc/awcgate/ucmj.htm#837.%20ART.%203...