There's too great of a chance that he will not be able to secure a conviction with the way the officer corps is fractured. Besides that, even if he does secure a conviction it will likely be overturned by a federal activist judge.
What he ought to do is simply recall him and assign him as a military attaché to the South Pole for a few years.
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"Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wily agitator who induces him to desert?" - A. Lincoln, 6/12/1863
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