Seems like an odd, tone-deaf time to consider this.
In a 3-2 decision in August 2020, the Court of Appeals for the Armed Forces upheld his conviction, saying the comments did not invalidate his prosecution and pointing out that he had pleaded guilty.
If the justice department is bent on criminalizing stupid mistakes, there's and entire executive branch of the government, not to mention half of the House and Senate and a lot of judges, who ought to be in the disciplinary barracks.