NCIS witnesses refuse to take the stand in SEAL war crimes case
Special Warfare Operator Chief Edward “Eddie” Gallagher in Iraq in 2017. (courtesy photo)
By: Julie Watson and Brian Melley
Prosecutors tracking SOC Gallagher’s defense attorney’s emails, raising questions of violation of attorney-client privilege, was not sufficient to halt the Court Marshal.
NCIS Lt. Scott McDonald said the effort only gathered data, such as internet protocol addresses, and did not snoop on the content of emails.
“Even if there was some intrusion” in violation of attorney client-privilege, it didn’t rise to the level to dismiss the case, McDonald said.
Perhaps the Judge will opine on the very possible violation, LT. But wait there’s more:
Now with the trial coming over the horizon, three NCIS witnesses have declined to take the stand.
I have no idea how many witnesses the prosecution has, but this can’t be good news for them.
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.
Gallagher has pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and attempted murder for allegedly picking off civilians from a sniper’s perch.
On Thursday, Rugh unexpectedly released Gallagher from custody as a remedy to what he called interference by prosecutors.
Next week will doubtless be very interesting.
Belated tip of the hat to ChipNASA, who provided the link.
The entire article may be viewed here: Navy Times
Category: Iraq, Legal, Navy, The Warrior Code
It is mildly refreshing that the case is being fouled up by peons and isn’t being tanked by a flag officer’s undue command influence. They should know it’s suicide to do that when you’ve got stripes on your shoulder boards and not stars.
Or don’t have a Presidential seal on your bathrobe and slippers.
Let it go Lars, you lost.
Nope. On both counts.
Jesus H. Christ, Lars.
Have you EVER stuck to the topic? Oooh, fucking shiny!!!
HEY Babbles McButthead, I AM NOT going to give up on seeing you nominated for a Guinness®™ World Record for being THE most full of shit zampolit!
Do you ever have anything substantive to contribute? No wonder the command decided that what was best for the mission was for you to not do the job you were trained and sent there to do.
Once again you are 110% full of shit!!! X-D
I bet you haven’t gotten laid in so long that your virginity has been officially restored. I bet you couldn’t even get laid in a Women’s Prison with a $100 bill and an ounce of cocaine taped to your forehead!
Dude, you know me so well. Are you the one watching me through my laptop camera?
I”m sure that is how you felt about Team Obama’s Generals.
Their intrusion into the military justice system to ensure the correct “socially desired outcomes” must have warmed the cockles of you collectivist heart.
If, of course, that is what your beloved commissar required of you.
This is a mess.
Attorney client privilege is not the only possible violation with this case.
We also have a command influence violations. Trump has made public comments and intervened in the handling of the case more than once.
Gallagher’s attorney also works for Trump.
With the president commenting and paying attention to the case as well as Gallagher’s attorney working for the Trump legal team it is not surprising that witnesses are backing out.
This whole damn thing is a clusterf* at this point.
Which is a real shame because the accusations are appalling and if he really did what he is accused of (multiple and indiscrimate murders of civilians) he is a truly despicable war criminal that should not see freedom again. Hell, execution should be on the table.
According to accusations he also tried to intimidate and retaliated against fellow SEALS and Navy Spec Warfare folks who reported him.
However, it does not seem like anyone can get a fair day in court now.
Not Gallagher. Not the witnesses. Not the victims (if there ever were any). Not the country.
The reputation of the Country, the US Navy. the SEAL community, Chief Gallagher, and several Spec Warfare folks has been tarnished forever and it does not seem like an environment to get to the truth exists.
What ever happened to innocent until proven guilty. You should start using “allegedly” before running off at the mouth. That is unless you are a legal turnip.
Nowhere above does Poodle assert that Gallagher is actually guilty, CM. If you think he did, you need to re-read his comment.
I used plenty of qualifiers such as “if he really did what he is accused”, and “if there ever were any [victims]”, and “according to the accusations”.
A little effort at comprehension on your part would have both saved us the need to respond to each other.
I reread and with one exception you are correct and I did not read the content as closely as I should have, probably because I thought your rant was unnecessary. You did make one statement, “We also have a command influence violations.” which I attribute to your dislike of President Donald J. Trump. While if proven what occurred may turn out to be war crimes against an enemy who is not a Geneva Convention signee. My belief is this is a huge command failure from the lowest level up for not recognizing this warrior left the reservation.
I generally despise the term “command failure” because it gets used too often by BN CDR’s and up to assign blame for a company level issue that’s usually a “personal failure “. As in “CPT Jones, you have 2 people on the overweight program, that is a command failure!” In this case though, Chief Gallagher’s command failed him.
In Lars’ world of socialism there is no such thing. He makes assumptions that fit his dislike of orange man and such, and that is that for him. His version of reality.
Other than the parts of your comment manifesting your “Orange Man . . . Baaaaaaaad!” obsession, I pretty much agree with you. This one is pretty FUBAR all around.
There is absolutely no reason or excuse for Trump to be making public comments, interfering directly with the command, leveraging any influence, or trying to capitalize on this case for political gain.
No excuse whatsoever. He is flat wrong. Period.
He should not have personally intervened in any way.
As for the pardon consideration;
If he wanted to consider a pardon then he could have considered doing so AFTER the case was determined. IF Chief Gallagher was convicted that is when it is proper to consider a pardon.
Pre-emptively making public statements about considering a pardon in the case was improper command influence.
It was also ridiculous since a pardon includes an admission of guilt. So Trump is basically saying “Let’s not waste time with a trial, or try to get to the truth of what happened, Chief Gallagher can just admit he is guilty of war crimes, and I will pardon him.”
What does Trump have to do before you start believing it is reasonable to be critical of his actions?
I did not hear you screaming Obama bad when he called cops stupid for doing their jobs investigating a possible burglary. I did not hear you screaming Obama bad when he exonerated ole Trayvon the thug before a trial was done. You are a fucking hypocrite.
What about-ism is not a response.
If it were you are committing the same sin by not caring that Trump is doing what he is doing.
It also is not improper Command influence for Obama to make his comments because state and local law enforcement are not subordinate to the president and the president has no authority over their actions.
As someone who claims to be prior service you sure as hell should be able to spot when there is inappropriate command influence.
Trayvon was not a thug.
Trayvon never needed to be “exonerated”. He was never charged with a crime. You convicted him in your own mind and still see him as a criminal who deserved death.
He is not the one that instigated that confrontation and he was not the one that armed himself and then went looking for a fight.
Zimmerman’s team did a good job of creating reasonable doubt. It s telling that though the cops documented Zimmerman’s injuries it was the police that determined there was probably cause to arrest him.
Zimmerman has proven himself to by a violent nutcase over the subsequent years.
God Bless George Zimmerman! I thank him for his service to Sanford, to Florida and to Western civilization.
IMO it’s more telling that the jury acquitted him, and that Zimmerman’s injuries were consistent with the story he told police. Have you never heard of a person being initially arrested, then later been determined to have acted in self-defense? Seems to me that I’ve read a number of such accounts in the daily “Feel Good Stories” feature here.
And I don’t think you want to argue “no external pressure” on the local PD here, either. Don’t get me started on the partial 911 call transcript released by the media with selective omissions. Can you say “NBC Railroad”? Ditto the White House pronouncements and (if I recall correctly) the state’s attorney insistence on a trial when the local police disagreed. All of those together add up to a clear attempt to put a thumb – or maybe a brick – on one side of the proverbial scales of justice.
Orange Man BAAAAD!
Orange Man BAAAAD!
Orange Man BAAAAD!
There’s always a crime when the ORANGE MAN is involved! DON’T YOU SEE IT!
Nice, Lars. I’ll be using this, if and when.
I think I will too. And I’ll even credit the source if/when I do.
“As someone who claims to be prior service”
Why is it you always cast doubts on people’s service here?
He’s a fucking ass… he thinks he is the owner and Chief Mod here.
If you’re going to have standards, have ONE set. Makes life a whole lot easier.
During 2013, Obama said that those who commit sexual assault in the military should be prosecuted, stripped of their positions, court-martialed, fired, and dishonorably discharged. That comment influenced sexual assault cases in the military because of “undue influence”. During June, 2013, lawyers cited Obama’s comments in a motion to dismiss the court-martial against BGen Sinclair. Separately, a Navy judge ruled that “punitive discharge” could not be recommended as punishment because of Obama’s remarks.
I will agree that the POTUS should have left this one alone until after the trial. Unfortunately, that’s not “how he rolls”.
FWIW: one legitimate reason for a pre-trial pardon is to preclude a long, nasty, and divisive trial that would do little to serve the public interest. That’s why Ford pardoned Nixon – even though it almost certainly cost him reelection in 1976.
No, I’m not equating the two situations or cases. I’m just offering a reason why a pre-trial pardon might be issued.
The President speaking out issues is not new.
Or did you forget the President of the USA inventing an entirely new legal precedent to convict the Aberdeen drills?
Oh, forgot, that president was of the “correct” party.
My bad.
Undue command influence means that leaders actually influenced through direct actions as demonstrated by actions taken during trials, etc.
In this case, it does not appear that the court has been influenced. In fact, the continuing effort to try this defendant sort of demonstrates the opposite.
If you want a true picture of undue command influence, read the court martial of Billy Mitchell.
And don’t forget the previous Occupant, 1600 Penn Ave, Wash DC, inviting Bergdahl’s parents to the Rose Garden – even though there was significant evidence even then about Berghdal’s absence being desertion.
And yes, the current POTUS should have kept quiet about that one too – even as a candidate – until the investigation and trial was complete. Ditto for his predecessor.
I might be wrong, but I don’t think undue command influence was part of the Articles of War. It was part of the UCMJ which came into effect well after WWII and more than 20 years after Billy Mitchell’s trial.
Sorry Hondo. a bit triggered and snippy today. As usual I guess.
You should have eaten the pages from that book of fancy words, rather than spout your nonsense.
I disagree that the reputation of the country, the Navy, the SEAL community or Spec Warfare folks have been tarnished.
Whatever was going on in Gallagher’s case, he was operating in the circumstances and he made informed decisions with choices of action.
I will not regard him as a war criminal or a murderer.
If Gallagher’s decision making is in question then it is an entirely different matter that can be addressed within the SEAL organization. The matter ought never have been taken outside of the SEAL community.
WHY would witness’s back out if they are NOT liars?
Self-interest could be a powerful motivation.
Fear that someone will likely retaliate for opposing their position.
Fear that the usual garbled human memories of dramatic events may make an inescapable perjury- trap out of a genuine effort to tell what happened.
Realization that one mis-remembers, or mis-interpreted.
Belief that the prosecution is running a railroad, or that the defense is doing something seriously underhanded, and not wanting to be part of it.
Bughouse nuts.
Bought off.
Way I see this is that it is vastly preferable for one sailor to walk on a charge of war crimes, even if he’s guilty as sin, than it is for the Navy to skate on prosecutorial abuse.
And as many of you here are aware, I have not been a big fan of Gallagher’s because of his alleged threats of harm to family members of fellow SEALs.
Navy JAG screwed the pooch on this one, big time.
What the fuck ever. If I were in the same situation with supposed brothers lying trying to imprison me for life and fuck with my family who knows what I would say. Even if he’s acquitted his career is done and a massive stain once again on the seals organization.
Daylight is great disinfectant. Even his SEAL pups are changing story’s to how I was getting something somewhere and came back after something might have happened.
Sh^t Storm… 1 each… FSN 0U812.
villagestilllooking
LOL!
Seems like there are some pretty hefty dirtbags on the prosecution / NCIS side. Makes me wonder if there will be a review of other cases they were involved in after this one is resolved.
Amen!
With the no doubt agreement of approximately 95% of the other Veterans and observers here, larsy-boi….
Shut the fuck up and go back to your 30 terrabyte porno collection, nobody gives a fuck what you say think or do.
You shit isn’t even worth reading.
Mrs Lawrence, my 8’Th Grade English Teacher would toss your stuff right into the dumpster and then the class would toss you right in afterwards…
Then, some pyromaniac named Trash Can Man will toss a Willy Pete round right afterward….
Sheesh…
You lost clownboy, you’re going to lose all over again too…
We just lived through a coup attempt and it damn near worked.
This investigation into the obvious lying to a Federal Court, and all the other crap that went on is serious legal jeopardy for many of the clowns that started the mess in the first place…
It’s people like larsy-boi that actually belkieve these libturd lies that are about to get their medicine without the benefit of the molasses…