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He's being tried under military court marshal. The double-jeopardy laws as far as I understand them only come into apply after the case is submitted to the judges panel (3-5 judges usually). The mistrial was called by the ruling judge before the case was handed over for review and verdict.
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"Smite the rocks with the rod of knowledge, and fountains of unstinted wealth will gush forth." - Ashbel Smith as he laid the first cornerstone of the University of Texas
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