He is clearly a member of the armed forces.
No. Not if you breached the contract. It isn't just the US government who can end his service in the forces through his breach of contract (not showing up, ie deserting, or, being gay, etc).
He can end his duties if the US government breaches the contract. He claims they did and have enough evidence for a civil court.
He is in the military. Just because he says the recruiter lied is no proof or evidence that his contract is void. That is why he is in the brig and no civil judge is coming to his rescue are they?
Inability to get a fair trial is why we have refugee systems. So yes, in the future a civil judge in Canada could come to his rescue or someone elses. The law is the law, and if we get technical, American law really mattered jack **** to him while he was here.
he will get a fair trial. If he is found guilty doesn't mean he didn't get a fair trial. He went UA, went to Canada and after 30 days he became a deserter. it is pretty much a slam dunk case.
If the US government voided his contract, hence he isn't military. This is why they sent him to Colorado. Its much like how the government used to ship people around in the military to get around statutory rape laws by moving to places with different ages.
Well that point is mute now. He is in the brig in Colorado awaiting court martial and like I said, no civil court or judge has come to his rescue. Why is that? Because his claim that his recruiter lied as a defense is baseless and no excuse to desert the Army.
You really don't get it do you. Its not a defense to desert the Army, in California its a defense that you are no longer in the Army.
1.) If you flee to Canada AND are in the army, it is desertion.
2.) You are in the army, if you sign a valid contract.
3.) Therefore, it is not possible to desert if the contract isn't valid.
It would be no different than charging someone who never enlisted (or was drafted) with desertion.
No civil judge is coming to his rescue because he is in COLORADO not CALIFORNIA where he enlisted. And there is probably good cause too.
Again...he is no longer in Canada. He even broke a couple of laws up there if you have followed the case.
And then he can be charge for them, the same as any other American Civilian.
He is either not too bright or just a liar. I do not think he would make a good member of Canadian society if he is one or the other. But once he does his time in the brig, gets his Bad Conduct Discharge and set free the good people of Canada are welcome to him as he has pretty much screwed here in the US.
And maybe we will, I also think you over-estimate his change in career in the US. The US isn't very high on the list of Economic Upward mobility, so his life won't really be affected, as any job he'd get will be alongside illegal migrants one way or the other.
By avoiding getting killed, or worse, injured, he's actually got a shot at a better job. Because no one hires crippled soldiers to pick fruit anyways.