What if, for example, he had been a 1 or 2 or 3 star general and he had been court-martialed?
Simply put, the public lobbying of Trump to find him “guilty” of a fireable offense and thus to dismiss him would be seen as “unlawful command influence” and could well by itself result in the result of the Court Martial being legally challenged and in some cases overturned.
While I am not a lawyer, and certainly not an expert in the Uniform Code of Military Justice, under whose authority courts martial occur. I believe as Commander in Chief Trump’s tweets on McCabe would constitute clear command influence.
Further, were in fact Trump himself in uniform as McCabe’s superior officer, that unlawful command influence could itself be grounds for court martial of the superior officer. Were Trump a 4-star and McCabe a 1-star, technically his unlawful command influence as demonstrated in his tweets- which this administration has said are official presidential communictions — could subject Trump himself to a court-martial, although I am not aware of any time a commanding officer’s unlawful command influence has resulted in punishment for him.
Just a thought.