ACQUITTAL In the War Crimes Case of Edward “Eddie” Gallagher
A military jury acquitted Navy SEAL Eddie Gallagher of premeditated stabbing murder of a wounded teenage Islamic State POW in Iraq in 2017.
A seven member jury panel, made up of Marines and two sailors, acquitted Gallagher on all but one count, that of posing with and taking pictures alongside an Iraqi fighter’s corpse, which is the kind of charge that carries a maximum punishment of four months, court observers said. The jury is still deliberating punishment for that charge, Sandiegotribune reported.
“The jury found him not guilty of the murder, not guilty of the stabbing, not guilty of the shootings, not guilty of all those things,” said defense attorney Timothy Parlatore. “They did find him guilty of taking a photograph with a dead terrorist, which we admitted from the beginning he was in that photograph,” Navytimes
More on the sentencing tomorrow.
UPDATE 1 June The presiding Navy Judge Aaron Rugh, after the latest hearing, is determining whether prosecutors violated SEAL Eddie Gallagher’s rights to a fair trial when the Navy prosecutors accessed private communications of defense attorneys, including emails, without a warrant. The communications were protected as those of attorney-client privileged. Judge is deciding on a series of motions, including dismissal of the case submitted to the court by the defense team according to the local news OCR.
The case was further complicated when three witnesses from the Naval Criminal Investigative Service declined to take the stand when the Court was trying to get to the bottom of who authorized the alleged hacks by prosecutors, Navy Times reported.
Gallagher has been free pending trial scheduled in June and remains free while the judge deliberates.
UPDATE 28 March Naval investigators are digging deeper into the case against Navy SEAL Edward Gallagher. Search warrant documents and email messages from Naval Criminal Investigative Service agents that were leaked to Navy Times reveal the seizure of cell phones and electronic communications beginning in early February, broadening the scope of the investigation. The hunt for documents is allegedly to prove that Gallagher urged fellow SEALs at the Naval Special Warfare Development Group to obstruct justice or retaliate against junior sailors who ratted him out for war crimes, according to Navy Times. The Navy investigators had offered immunity to several witnesses in the case (see previous report below).
Defense attorneys claim that prosecutors are trying to prove collusion between Gallagher and other SEAL leaders at California’s Naval Base Coronado, to include investigations as to whether Gallagher was seeking revenge against witnesses in the NCIS investigation. Gallagher’s attorney told Navy Times that he knew investigators were trying to seize cell phones, but he didn’t know whose devices were taken, according to the report.
The trial has been delayed and is scheduled for late May. He is still in jail despite repeated requests for his release, include those of various legislators.
“I’m confident Navy SEAL Eddie Gallagher will soon have a fair trial. Until then, I question whether highly restrictive pre-trial confinement is warranted for a decorated soldier who is still presumed innocent, or if a less restrictive form of custody is more appropriate.”
Donald J. TrumpVerified account @realDonaldTrump
In honor of his past service to our Country, Navy Seal #EddieGallagher will soon be moved to less restrictive confinement while he awaits his day in court. Process should move quickly!
Note It did, but details are still being revealed as to where and when.
JAN 2019 Navy SEAL On Trial For War Crimes Was Unhinged and Risking the Mission Says A Commanding Officer Seeking Immunity
An officer in Chief Special Warfare Operator Edward “Eddie” Gallagher’s chain of command has alleged that Gallagher not only stabbed to death a teenage wounded Islamic State POW during a 2017 deployment to Iraq, but he also called in “false target coordinates to engage a mosque,” tried to push his platoon into pointless and potentially catastrophic firefights with insurgents. Gallagher had became so mentally unstable that he should’ve been relieved from duty but wasn’t, Navy Times reported.
The officer is seeking immunity from prosecution by making the statements.
Gallagher was putting the platoon in extreme danger by his irrational acts according to the commanding officer. Gallagher, according to his testimony stated that Alpha Platoon needed to find Islamic State elements and get in “one good TIC” (Troops in Contact, the direct and violent engagement with an enemy), “one where you need to focus on your field of fire or else you could take (a bullet) to the side of the head,” according to the proffer. In response to the officers statement that this sort of training by fire “was extremely unnecessary,” Gallagher shot back that his SEALs were “all a bunch of pussies,” the document states according to the Navy Times Report which was based on an interview with officials.
Navy Times states in another report today that the U.S. Attorney’s office has granted testimonial immunity to seven SEALs tied to the war crimes case against. As cooperating witnesses for a general court-martial convened by Navy Region Southwest commander Rear Adm. Yancy B.”Lurch” Lindsey, they already had been sheltered from any future criminal charges that could be brought under the Uniform Code of Military Justice.
In exchange for sworn testimony against Gallagher, the U.S. Department of Justice in Washington, D.C., has now extended that immunity to potential prosecution in civilian federal court.
2 February UPDATE: Some Actions Were Tacky, But Not Criminal: Highly Decorated, Jailed Navy SEAL On Trial For War Crimes
Navy SEAL Gallagher is accused of stabbing to death a wounded Islamic State POW near Mosul in 2017, among other Counts.
He is also charged with staging a re-enlistment ceremony over the body of a dead Islamic State prisoner during the Battle of Mosul in Iraq and hovering a drone over the corpse. These actions may have been in “poor taste” but are not considered war crimes, a Navy judge has ruled, with Navy Times reporting. Navy Capt. Aaron Rugh, determined that those are not prohibited acts under Article 134 of the Uniform Code of Military Justice.
Gallagher has consistently claimed that he was not guilty of the premeditated murder charges.
Congressman Duncan Hunter and other high-profile officials have stepped up to support Gallagher.
regarding Chief Eddie Gallagher. #freeeddie #neverquit
9 Jan 2019 Congressman Duncan Hunter, A former major in the Navy, weighed in
to discuss the case of Navy Seal Chief Eddie Gallager.
Congressman Duncan Hunter (CA-50) has sent a letter to President Trump requesting his direct involvement in the current confinement conditions of Chief Edward Gallagher, a decorated Navy SEAL who is facing a court-martial on charges at Naval Base San Diego of premediated murder in the death of an ISIS combatant in Iraq.
“Details and information have been brought to my personal attention that have led me to conclude that Navy Consolidated Brig Miramar is not an appropriate venue for an American war hero who has served 19 years, such as Chief Gallagher, to serve his pretrial confinement,” states Congressman Hunter.
In his letter, Congressman Hunter outlines concerns with the fact that Chief Gallagher is currently being held in general population with convicted sexual offenders and pedophiles as the Miramar Brig is the primary location for the Navy to confine those convicted of these crimes. Chief Gallagher, however, has not been convicted of any crime and his family is forced to follow specific and humiliating procedures when visiting him due to his environment.
“Reportedly his children are required to wear “hospital gowns” while they visit, so that they may not “bring unwanted attention from” any of the other inmates. This policy seems irregularly harsh for someone that has not stood trial or even charged with any sexual misconduct charges.”
Additionally, Congressman Hunter states that Chief Gallagher’s current confinement is adversely affecting full access to his legal representation and the right to a fair and speedy trial. Congressman Hunter calls on the President to personally review the situation in the hope that the White House will assist in Chief Gallagher’s removal from the Miramar Brig, providing for a more suitable arrangement to be put into place while decisions are made regarding the overall case. Congressman Hunter’s full letter to President Trump is attached for reference and can be viewed on his website.
Nov 2018 SEAL Chief Edward “Eddie” Gallagher’s Article 32 hearing wrapped up mid November 2017 . Attorney Philip Stackhouse toled Task & Purpose “there’s no doubt it’s going to court-martial.” However, the retired former Marine judge advocate, who is representing Gallagher alongside Attorney Colby Vokey, is confident the SEAL will ultimately be vindicated at trial.
Prosecutors painted Gallagher is a ruthless killer according to Navy Times. “Special Warfare Operator Chief Edward “Eddie” Gallagher is a callous murderer who stabbed to death a wounded Islamic State prisoner of war, gunned unwitting civilians with his sniper rifle, bragged about racking up kills and threatened to intimidate and publicly out SEAL buddies who complained to superiors and investigators about him.”
Dead wrong , says his defense team. Ghallager treated the prisoner properly, but fellow Navy SEALs out to get him because of his gruff leader ship, schemed to get him by concocting the story.
The day Of Trial
Military officials are prepared to call nearly a dozen past and present Navy SEALs to testify in the case Navy commando Special Operations Chief Edward “Eddie” Gallagher accused of fatally stabbing an Islamic State detainee in Iraq last year, according to documents obtained by Navy Times.
The case against Special Operations Chief Edward “Eddie” Gallagher goes to an Article 32 hearing Wednesday morning 14 Oct in San Diego.
The documents suggest that military officials have obtained cellphone text conversations showing Gallagher allegedly sought to cover up the fatal stabbing. The records also show that a different special operator may be acting like a mole for federal investigators by attempting to talk to another petty officer who has lawyered up and invoked his right to silence according to navy Times.
BACKGROUND
Highly decorated Navy SEAL, Special Operations Chief Edward “Eddie” Gallagher will be facing trial for his alleged role in the stabbing death of a detainee in Iraq according to the Navy Times He was charged earlier in October with war crimes and he is facing an Article 32 hearing in San Diego 14 Nov. Charges against him include murder, aggravated assault, obstruction of justice and professional misconduct.
“While the burden is very, very low to send the charges to court, Chief Gallagher will, like he has on every combat deployment, fight. Fight to clear his name, fight for justice, and fight to expose the lies that are being made against him,” said Gallagher’s co attorney Philip Stackhouse, in a written statement emailed to Navy Times. The investigation, according to the article, is broader, to include investigation of more than a dozen Navy SEALs. Gallagher, who is suffering multiple head injuries sustained from his combat service during his 19 year career, is sticking to the defense that a crime did not happen. He was arrested while undergoing treatment at the Intrepid Spirit Center which opened on Camp Pendleton, Calif., April 4, 2018.
Intrepid Spirit Centers are built nationwide to treat traumatic brain injuries and psychological conditions affecting service members.
With over 45,000 Marines and Sailors, Camp Pendleton supports military operations on a global scale, making it a prime location to have such a resource operating on the installation according to DOD
“This [Camp Pendleton] is really the epicenter of operational forces in the region,” said Cmdr. Paul Sargent, Department Head of the Intrepid Spirit Center – Naval Hospital Camp Pendleton. “We’ve had referrals from [Naval Base Coronado], special operations units, and others from the region who can get access to care more readily because of the special services we provide.”
“My husband was receiving holistic care and treatment from a program we waited a year to get into and was ripped out without warning — shackled like a common criminal and held in solitary confinement for 72 hours,” Gallagher’s wife of 11 years said. “He has now been in jail for nearly six weeks for pretrial confinement. These allegations are malicious and shameless, and I know that my husband did not do what is alleged, and I will stand by him and I know he will be exonerated of these charges.”
Others including organizations raising funds for his defense also believe in his innocence.
The troubling factor according to multiple media reports is that the accused does not have access to all of the evidence compiled against him, which includes mounds of documents and video tapes.
One such fund, United American Patriot’s Fund, coming to Gallagher’s defense aid, express outrage at the military trial system on their website:
2. EVIDENCE – Juries are not provided information which can be used to defend and exonerate our Warriors of guilt and which can result in reduced charges or a lesser sentence
— Military prosecutors fail to share that which they must by US Law, “exculpatory evidence,” and prevent juries from hearing “mitigating factors” and “extenuating circumstance
3. ENEMY COMBATANTS – Enemy bomb-makers are flown to America to testify against our Warriors
–Military prosecutors fly in enemy combatants who harm Americans (NOT concerned civilians from another country) as witnesses, on commercial airlines with US citizens on board. We are still at war and our enemies have a vested interest in making false allegations… and harming Americans.
Navy Special Warfare spokeswoman Cmdr. Tamara Lawrence told Navy Times, an unidentified SEAL remains “under investigation by NCIS for professional misconduct while deployed to Iraq in 2017. We take all allegations of misconduct seriously and will cooperate fully with investigative authorities. All members of Naval Special Warfare are required to comply with the Laws of Armed Conflict and U.S. law and regulations in the conduct of military operations,” she said. “Naval Special Warfare strives to maintain the highest level of readiness, effectiveness, discipline, efficiency, integrity, and public confidence. All suspected violations for which there is credible information are thoroughly investigated.”
A fund has been established for his defense. Here is the take from the website.
In June 2018, a band of NCIS thugs in full combat gear, masquerading as SWAT, watched the family home of a highly decorated war hero whom they had locked up in custody (on what we believe to be drummed up charges), waiting for his wife to head out for work, leaving two children at home alone. With full knowledge there was no adult in the home, NCIS thugs stormed the house and pulled the young children of an American war hero out of the house at gun point in their underwear.
On Patriots Day, September 11th, 2018, Chief Eddie Gallagher, while undergoing TBI treatment was shackled like a common criminal and taken from in-patient care treatment facility at NICoE Pendleton. Chief Gallagher was held in solitary confinement while remaining shackled for 72 hours and has now been in jail for over a month on pre-trial confinement.
As one decorated, retired Navy SEAL war veteran told us: “I have only heard about such things from my mother and grandmother who survived Nazi occupation in Europe, recounting to me how Hitler’s GESTAPO treated occupied, conquered nations.”
There is no justification for these “GESTAPO” tactics, and the terror unleashed on American children. It was designed to inflict pain, torture and break down the father of this family. Especially, when NCIS “agents” mere hours after the raid on Chief Gallagher’s family explicitly described how they saw his family at his house that day. They were gloating after keeping him locked in a room for over 7 hours, not allowing him to speak with his lawyers. These actions are torture, mental torture, being perpetrated by the NCIS upon an American war hero and his family.
NCIS mentally tortured an American war hero with the hopes of breaking him down and forcing him to admit to false charges out of fear for his family’s safety. These actions are NOT allowed even towards terrorists and the terrorists’ families.
When a state entity is allowed to terrorize our children and our families, we need to take action or no American children and families will be safe.
We ask you to contact your Senator and Representative to demand an investigation and prosecution of the NCIS thugs and their leadership who were involved in committing these cowardly terror acts toward this American family, and those who mentally tortured this American War Hero.
US Navy SEAL, SOC Eddie Gallagher has been accused of doing his job and taking the fight to the enemy, and now faces charges of mistreating an ISIS terrorist. Sound familiar?