Does anyone see a problem with the indefinite detainment of Brandon Raub?

[Norm]

The Manual for Courts-Martial states that no person subject to the Code can be placed under any type of pre-trial restraint unless a commander has a reasonable belief that: (a) an offense triable by court-martial has been committed, (b) the accused committed it, and © restraint is necessary under the circumstances.

Let's go a little further: An accused cannot remain in pre-trial confinement for more than 48 hours unless all the elements above are met AND the commander finds that confinement is necessary because there is a reasonable belief that (a) the accused will not appear for trial and/or will commit further serious offenses under the Code, and (b) lesser forms of pretrial restraint are not adequate under the circumstances.

From what little I can find on the Brandon Raub story, the first element has not been met. He cannot be charged with contempt toward officials (Article 88, Uniform Code of Military Justice) because he's not a commissioned officer. He cannot be charged with provoking speeches or gestures (Article 117, Uniform Code of Military Justice) because his comments on Facebook do not meet the legal definition of provoking speeches or gestures. He cannot be charged under the general article (Article 134, Uniform Code of Military Justice) unless it can be shown that his comments were prejudicial to good order and discipline or of a nature to bring discredit upon the Armed Forces -- personal Facebook page, say goodbye to any tangible link to the military.

The third element is very subjective, but again, there is no evidence to show that Raub may desert or may commit further serious misconduct. Heck, you can't even call his original "misconduct" for which he is being indefinitely held SERIOUS!

It appears the powers that be in the Marine Corps (possibly under pressure from The White House and/or Capitol Hill) are doing an end-run around the due process of law guaranteed to all members of the U.S. Armed Forces by claiming Raub has some kind of mental problem that makes him a danger to himself and/or others -- and at this point have not shown just cause. If there is something else going on here that shows substantively that Raub IS a danger to himself and/or others, why hasn't the Commandant of the Marine Corps publicly disclosed that information?

Just one more reason I'm glad I pulled the plug and retired early...