Esper had requested Spencer’s resignation “after learning that he had privately proposed to White House officials that if they did not interfere with proceedings against Gallagher, Spencer would ensure that Gallagher was able to retire as a Navy Seal, with his Trident insignia [the badge denoting qualification for the elite force]”.
The Navy has been notified that the White House will not intervene to stop a disciplinary proceeding that could cost a SEAL his position in the elite unit
[November 23 2019]
The Navy responded with a statement saying it would follow “lawful orders” from the president to halt the review but was awaiting further guidance, suggesting his Twitter post was not considered a formal directive.
[November 15 2019 E-6 to E-7 ]
Special Warfare Operator Chief Edward Gallagher, who earlier this fall was acquitted of a string of alleged war crimes, had his rank restored to Chief Petty Officer by the president.
[October 29 2019 E-7 to E-6 ]
“After careful consideration as the convening authority, Adm. Gilday decided to uphold the sentence as adjudged by a jury of Gallagher’s peers,” Christensen said, “but disapproved the automatic reduction in rate to E-1.” The jury reduced his rank from chief petty officer to petty officer 1st class, or from an E-7 to E-6.
[June 15 2019 acquitted ]
Edward Gallagher acquitted by a military jury on July 2 2019 of murder and all other counts except for unlawfully posing with the corpse of a captive Islamic State fighter.
[June 15 2019 SWO Chief Edward Gallagher: penalty now only life with parole, max ]
“Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence,” Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.An intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case. The effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege.
The court-martial’s convening authority, Navy Region Southwest, accepted Rugh’s ruling.
One such email even found its way to the inbox of Marc Mukasey, a member of President Donald Trump’s legal team who, on speaker phone in the courtroom June 12 2019, was sworn in as a member of Gallagher’s defense team.
Given the president’s recent proclamation that he would seek to to pardon service members accused or convicted of war crimes, direct involvement by Mukasey in a case revolving around an accused war criminal raised some eyebrows.
When a reporter asked about the potential conflict of interest arising with Mukasey’s involvement, Parlatore responded, “You want to make a motion on that?”
Minutes later, he backtracked to the question.
“Marc Mukasey has not talked to the president about this,” he said. “That’s not what he’s doing here, and if the president chooses to act, it will be on his own.”
[June 2 2019 who tracked emails sent to the defense team?
On May 30 2019, Rugh unexpectedly released Gallagher from custody as a remedy to what he called interference by prosecutors.
Rugh chided investigators Friday for refusing to testify about who authorized the scheme to track emails sent to the defense team and a journalist with the Navy Times.
Three witnesses from the Naval Criminal Investigative Service declined to take the stand.
The “lack of candor or cooperation in this process I think could be huge as a sign of culpability,” Rugh said. Lawyers for Special Warfare Operator Chief Edward “Eddie” Gallagher called the effort spying and said it amounted to prosecutorial misconduct. They have asked a judge to throw out the case or remove the prosecutors.
The judge did not rule on the motions at the close of the two-day hearing. Capt. Aaron Rugh recessed the case until June 10 when Gallagher faces trial on murder and attempted murder charges.
[April 13 2019 Murder in Mosul: obstruct justice? ]
Lawyers for Gallagher filed a 19-page motion in court against Naval Special Warfare Group 1 Commodore Captain Matthew D. Rosenbloom for exceeding his authority as the decorated SEAL is now being held at a facility in the San Diego area.
‘I have a reasonable belief: offenses triable by court-martial have been committed; SOC Gallagher committed the offenses; and the restraint ordered is required by the circumstances,’ Rosenbloom replied.
‘In line with determinations previously made by both the Internal Reviewing Officer and the Military Judge, I find the stipulations of restriction are required to prevent attempts by SOC Gallagher to intimidate witnesses and obstruct justice.’
[March 30 2019 Trump Tweets ]
Trump’s Saturday morning tweet came after a Fox News segment that aired at about 7:45 a.m.
[February 9 2019 trial date Feb. 19 ]
Navy Capt. Aaron Rugh, the judge in the court-martial of Chief Petty Officer Edward R. Gallagher, 39, dismissed two of the charges against the SEAL — one related to his reenlistment next to the body of a slain teenage Islamic State fighter, and another related to him allegedly operating a drone over the corpse. A trial date has been set for Feb. 19,
[ January 27 2019 Navy Seal on trial ]
Navy SEAL Chief Special Warfare Operator Edward R. Gallagher, a lifesaving medic and a crack sniper, was accused of murder and other war crimes in a hearing January 26 at Naval Base San Diego. Prosecutors said the incident began May 3, 2017, with a drone strike and two Hellfire missiles hitting two sides of a home in Mosul. Witness statements conflict about whether the injured Islamic State fighter was inside the home when it was struck. The prosecution says he was, but the defense said their witnesses say he was injured by gunfire, not the drone strike. Both sides agree that Iraqi forces loaded the combatant onto the hood of a Humvee and delivered him to Gallagher’s team. Gallagher, a medic, began treating him.
Prosecutors say Gallagher stabbed the fighter, estimated to be between 15 and 17 years old. Gallagher also is accused of posing for photos with the corpse, operating a drone over it and, sometime later, celebrating his reenlistment next to it.
The defense, which consists of six lawyers , said their witnesses will testify that the fighter was either already mortally wounded when he was brought to Gallagher or he was alive when Gallagher left the scene.