War crimes prosecution against Navy SEALs takes a double hit
A Navy SEAL who allegedly staged a re-enlistment ceremony over the body of a dead Islamic State prisoner during the Battle of Mosul in Iraq and also hovered a drone over the corpse may have acted in “poor taste” but didn’t commit a war crime, a Navy judge has ruled.
On Friday, two military judges delivered a pair of big wins for two Navy SEALs on trial for alleged war crimes by tossing out key charges against the special operator at the center of the case, Chief Special Warfare Operator Edward “Eddie” Gallagher, and the officer in charge of his platoon, Lt. Jacob X. “Jake” Portier, who stands accused of covering up the incidents.
Gallagher is accused of stabbing to death a wounded Islamic State prisoner of war and attempting to shoot innocent civilians with his sniper rifle near Mosul in 2017.
Also among the allegations is that Gallagher staged the re-enlistment ceremony over the dead ISIS teenager’s body near the Iraqi city of Mosul on May 3, 2017, amid some of the U.S. forces fiercest fighting against ISIS in Iraq. Prosecutors also say he hovered a drone over the body.
But the military judge, Navy Capt. Aaron Rugh, determined that those are not prohibited acts under Article 134 of the Uniform Code of Military Justice.
Things were much easier for me to understand when we drank to victory from the skulls of our dead enemies.
That ruling is also likely to be a big win for platoon leader Portier, who also faces a raft of charges alleging that he covered up his chief petty officer’s war crimes.
Military prosecutors charged Portier with lying to his superior officer, Lt. Cmdr. Robert Breisch, about whether he saw “anything criminal” at Gallagher’s reenlistment ceremony. Portier allegedly said: “There was nothing criminal. It was just in poor taste,” according investigative files obtained by Navy Times.
If the judge overseeing Portier’s separate court martial case agrees with Rugh, however, then Portier told the truth and his charge must be tossed out, too.
“It is honorable for a Navy SEAL to reenlist on the battlefield, the same battlefield where he was willing to sacrifice his own life to protect our nation,” Portier’s civilian defense attorney, Jeremiah J. Sullivan III, told Navy Times.
I see nothing “poor” about taste here, but maybe that’s just me.
Source: War crimes prosecution against Navy SEALs takes a double hit
Category: Breaking News, Crime, Dumbass Bullshit, Politics, Veterans in the news
Comedy is not safe.
Snowflakes are everywhere it seems
Glad to see common sense prevail over chickenshit political correctness and I hope that the trend continues!
Let’s see, the people we were fighting burned military prisoners alive for their entertainment, decapitated non-combatants, and murdered whole families, but our leaders decide having an enemy body present during a re-enlistment ceremony is a war crime. These are the same people (using the term loosely) who murder, rape, and sell captured females as slaves, but we are supposed to revere their remains; I think not. Too bad we didn’t have pig skins to bury them in.
I hate to say this, but I’d guess both of these men’s careers are toast anyway.
No large bureaucracy likes to be publicly proven wrong. And it doesn’t take much administratively to kill someone’s career prospets in the military.
Chief Gallagher is knocking on 20 as it is, so by the time the remaining charges are dismissed (if they are) he’ll be heading for the door anyway.
Retirement may indeed be the Chief’s best option at this point. I know I’d be so inclined after the way he’s been treated.
Unfortunately, I’m reasonably sure his Platoon Leader isn’t in the same situation. He may be SOL.
No doubt.
Also, I’m sure that the SO1 in the story has a shit name among the teams already, or certainly will when this is all over.
Right or wrong, is what it is.
I hope the Chief can get in his 20, even if only by a day.
Re these two Warriors, just leave them the fuck alone. Probably won’t happen, though, per Hondo. The crystal palace won’t let this pass. They dumbed up. It happens
Everything describing what these men did is awesome. What’s the problem here?
Body count is too low as far as I am concerned!
+500 for the 70s pornstasche too.
No one wants to know what happened in the Pacific during WW II. Taking a pic with a dead enemy or pissing on him is, relatively speaking, child’s play. Etiquette, social niceties, and a strong sense of decorum are not practiced under certain circumstances and it is difficult, if not impossible, to understand this when one is in a warm place, in clean clothes, enjoying good food, a cozy bed, and no one is using your fellow soldiers or Marines for target practice, dismembering them, or even dining on their organs.
Selfie with a dead enemy?
Fuckin cool. Show your work.
Loved the damage asessment photos my dad brought back from his B-17 missions.
Entire city blocks demolished and burning.
Railyard locomotives scattered like toys in a childs sandbox.
Thanks dad. I miss you.
It amazes me how many people ignore or are unaware of the atrocities committed by both sides, albeit one more than the other.
Such is the nature of history when written by the victors.
History is always written by the victors.
…and rewritten for the grant money.
After reconstruction of course.
Which “sides” committing atrocities? Because in the history of this planet, our nation’s atrocities are few and far between, considering those of our opponents in warfare.
My Lai being by far the worst, but there have been lesser isolated incident throughout our history, both before and after the implementation of the Geneva Convention.
Summary execution of prisoners, bombing of civilian population centers, etc., are just a few of the examples. No, we did not conduct atrocities on anywhere near the same scale as our enemies, but they occured all the same.
During WW II, some pics made their way into the mainstream press. One, in Life magazine, showed a young woman with a skull. It was a Japanese skull sent to her from the Pacific. She named it Tojo. Another photo reflected Marine humor. It was a skull over a sign that read, “Tarawa Recrutin Office.” If anyone truly believes that virtually no Japanese were willing to surrender, he is a sap, notwithstanding the code or any other cultural dictate. Europe, too, had its, um, incidents, but my purpose is not to dredge up things best left alone. It is merely to illustrate that ugly shit happens in war and the winner gets to determine the other guy’s crimes, not his own. Dems da rules as I understand them.
The “Tojo” photo 2/17 AC refers to can be found here:
http://time.com/3880997/young-woman-with-jap-skull-portrait-of-a-grisly-wwii-memento/
I have to disagree on the no surrender policy by the Japanese in WWII.
I have spent the last couple years reading almost everything I can find about WWII with emphasis on the Pacific Theatre and the men that fought and died there.
Not one of the books I read has said anything about Japanese preferring to surrender than dying for the Emperor.
Authors such as Jonathan Parshall, Anthony Tully, E.B. Sledge, author of the book, “With the Old Breed, on Peleliu and Okinawa” that the miniseries “The Pacific” was based on, Gene Symonds, Stephen Moore and John Bruning would join me in stating that the Japanese rarely surrendered preferring to show their devotion to Emperor Hirohito by dying while taking ten American Marines with him.
I might have misunderstood what you were saying, but there is proof galore on the fact that the Bushido code was what they lived and died for.
The examples of that are legion. The Japanese considered those who surrendered as lower forms of life. That is partly why they treated our POW’s so abominably, along with their views that anyone who was not Japanese was as less than human.
Military historians have written much about the reluctance or refusal of Japanese soldiers to surrender and the several reasons for that. All I am suggesting is that among the reasons for the paucity of Japanese prisoners taken by our Marines and soldiers was that Japanese who attempted to surrender were killed. The nature of the brutal warfare was such that surrender and the taking of prisoners was not much of an option. Whatever ratio of WIA to KIA is used for the major battles in the Pacific, the numbers aren’t right. They are not close to right. Look at the numbers. How many wounded Japanese were taken prisoner at Iwo Jima and Guadalcanal? I do not seek to indict anyone with my words. I would not dare do so.
There are an infinite number of ways for an individual to kill himself. Kazuo Sakamaki said he tried but failed. I do not believe him. Kazuo Sakamaki was a Toyota executive who lived a long and prosperous life. He was also the driver of a midget submarine that failed in the attack on Pearl Harbor. The submarine was taken intact, as was Kazuo Sakamaki. The two, man and machine, were reunited in Texas in 1991. What’s my point? I don’t have one.
It was official policy in the 1st Marine Division after the ambush and slaughter of the Goettge patrol on Guadalcanal. From that point on until Okinawa, Japanese troops were not allowed to surrender even on the very rare occasion that they tried with that unit. The Japanese set the tone of future engagements in Mid August 1942 with most Marines.
…may have acted in “poor taste” but didn’t commit a war crime…
Hell, that’s not even poor taste, just using a prop much like having a tank or an aircraft nearby.
If he had done a Captain Morgan on the little prick’s gourd while reenlisting, that would have been poor taste.
I was watching a documentary film the other day about a unit that trained stateside together and went to war together. A battle took the life of a soldier who was a friend of the Veteran being interviewed. He recounted how, after the battle, he was instructed to take a prisoner back for questioning but that he, the prisoner, and his deceased friend would have to share the same ride—and that wasn’t going to happen. So, according to the soldier, he took out a 45 and blew the brains out of the POW. And that was that. Do I believe him? Yes, I do.
This is the way is see it:
1. Vanquish and or destroy our enemies in accordance with the rules and law.
2. Recognize everyone is watching.
3. Leave your iPhone at home and down pose for battlefield selfies.
4. Know your biggest detractors have no knowledge of your profession and are likely out to get you for political purposes.
5. Always have a good attorney and backing of your chain of command.
This could be made into a reenlistment bonus. Have your ceremony done by the body of a raghead stiff. Reenlistment rates would soar. Who do I see to make this recommendation? We used to have bennie sugs … beneficial suggestions. Those with a real good idea would get a 72 or even a 96. Millions of recruitment dollars could be saved.
Hovering a drone? What the fuck.
The people charging these seals need to be booted out. This is insane. Did these seals fuck the prosecution’s wives and make them watch? Good grief this is some petty trumped up charges. This makes the Democrats trying to frame the President for treason look reasonable in comparison.
There an issue with military prosecutors in which they don’t have enough work and then try to make shit up so they can get promoted? Sure seems like it.
18 U.S. Code § 2441.War crimes: (a)Offense.—
Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.
Read the offenses for yourself and tell me again exactly how anything remotely close occurred that touches upon a War Crime. To suggest what happened rises to the level of a War Crime degrades the victims of actual criminal behavior. We can’t rid the spineless, political O-scum remaining in ranks from the prior administration fast enough. Remember that commie West Point bastard. A fucking disgrace and traitor.
Do unto others before they can do unto you. Then split, beat feet, get the hell out of dodge, take no prisoners or pictures.
A SEMI-WANNABE JAG? How many of our warriors have been wrongly charged over the course of many wars. Several years back met a former Vietnam Vet Army JAG, Col Jack Crouchet. A staunch yellow dog democrat. Since Deceased. He was a well respected civilian who wrote a book entitled, ‘Vietnam Stories – A Judge’s Memoir’. https://tjaglcspublic.army.mil/documents/27431/1418554/2000-Fall-Borch-BR-Vietnam+Stories.pdf/c0116bfd-d686-4536-a9af-4e36f58b624a?version=1.0 Col Crouchet gave me a copy of his book which I read and found it almost unbelievable and very biased. In some parts almost anti-military. I was not very amused. Did some research back then and it seems that many in the JAG Corps may have felt similar to me. There was a paper put out about his book of which below are some excerpts: VIETNAM STORIES: A JUDGE’S MEMOIR1 REVIEWED BY COLONEL FRED L. BORCH2 …His narrative, which tells the story of his one-year tour of duty from July 1968 to July 1969, is well written, and certainly entertaining… …Despite these positive features, the book has a number of shortcomings that unfortunately diminish its value. First, Colonel Crouchet never explains fully the purpose and function of military justice in the Army, or the role played by commanders, convening authorities, and lawyers in the legal system… … in discussing individual court-martial results, Jack Crouchet never addresses the larger question of whether military justice “worked” in the combat environment of Vietnam. As this continues to be a controversial point among Army lawyers who served in Southeast Asia,Colonel Crouchet’s view on the matter belongs in his book. Finally, in writing Vietnam Stories, the author altered identities and disguised facts to such an extent that it is virtually impossible to check the accuracy of his narrative. Because the value of Vietnam Stories depends to a great extent upon it being a true account, Jack Crouchet’s failure to provide any corroboration for his memoir means that a reader must accept his narrative at face value. But this will be hard for some to do, especially as parts of the book are about events in which Crouchet never participated. In short, while Vietnam Stories is worth reading, some judge… Read more »
Can’t get more of a REMF than a military lawer.
Did someone have it out for this guy…???
The bad taste actions are minor. He still faces homicide (of a wounded ISIS fighter POW) and attempted homicide charges of civilians.
Promote to senior chief. Wonder why he isn’t one already for a decorated SEAL close to 20. Stepped on too many toes ?
Weapons Man always said JAG worked for the enemy
I think there is more information on this case that is not being reported. I know there are several SEAL’s that support the Chief.There was someone who posted his service record achievements on another site. The Chief is the only Navy member to ever go to Marine Corps sniper school. As a Corpsman he spent time with Force Recon after his tour he applied and was accepted to BUD’s. I forget what year but he was the SOY of his SEAL team etc.. This guys record is amazing and does not lend to the character assassination he is experiencing. It appears the Judge has taken the correct tone in this case. I hope Eddie is vindicated and is allowed to retire and move in to his next adventure in life. Right now his family is going bankrupt in legal fees. Forged Mike is selling T Shirts to help with the legal costs. If anyone here feels like they can support the Chief please do.