As usual, you have spoken when not knowing all the facts...
You know my background. And you should also know I can speak with some authority when I say I've seen the military prosecute people on some completely idiotic **** before. And it's no great stretch of the imagination to know there is probably some overeager prosecutor out there that doesn't give a damn how many people were killed and doesn't matter this Lt Cmdr might have saved additional lives even as "illegal" as it was, they want strict adherence to the rules and would sacrifice this Officer to "serve justice."
The fact the military hasn't come out and said "it is not a path we are considering at all" means it's lurking in the background. I spent twenty years of my life working in and around the military judicial system to know if it wasn't flatly denied, it's on the whiteboard somewhere as an option. And since there has been a public outcry over said stupidity, even if this Officer doesn't get prosecuted his career is over.
This isn't a political thing as much as you really want it to be. Both parties should be outraged if the military pushes forward with charges.