SOSC Gallagher Part III or IV or Something
I’ve not lost track of this issue, but it is becoming more and more an example of arrogance trampling on someone to inflate a resume, as well as some kind of petty revenge mindset.
The judge now assigned to Senior Chief Gallagher has reprimanded the prosecution bluntly, resulting in two of them departing and the remaining JAG as the solo person right now.
Note the following items, from the article:
The prosecution is barred from trying to get a life sentence with no parole for Gallagher; has been sanctioned by the sitting judge; has lost two of its team, dismissed by the judge; and has subsequently, by their actions, caused unnecessary delays for Gallagher’s legal beagles to prepare their defense, because of the litigation no underway. – Article
Whether Senior Chief Gallagher walks or returns to prison remains to be seen. Attorneys who abuse the legal system and make it clear that they have little to nothing in the way of ethics (think Avenatti, now facing prison for fraud) because they are arrogant asses hellbent on successfully trampling someone give the rest a bad name. There “government” (meaning higher ups) has gone to a great deal of trouble to get egg on its collective face.
Please read the entire article. It’s worth your time.
Category: "Your Tax Dollars At Work", Legal
This is par for the course for prosecutors at any level.
Kudos to the judge for actually slapping these guys down for their bullshit.
Did Bernath’s spirit possess these “lawers”? Maybe this case needs an exorcist as well as a judge.
Hadn’t thought of that, but it is suspicious.
This Navy Times article spells out a lot of the inconsistencies in the prosecutions case. Sorry if this has already been posted.
https://www.navytimes.com/news/your-navy/2019/05/27/is-seal-war-crimes-suspect-eddie-gallagher-innocent/
As I’ve said before, there’s no way in hell they would risk a solid case with chickenshit like this. I’m betting they don’t have jack shit on Chief Gallagher, and they know it. Heads should roll.
Is there ANY honesty at all on the Navy Prosecutors’ side? I hope they end up with truckloads of rotten egg on their faces!
I hope they are disbarred. Remember that lawyer, Nifong, who was willing to destroy the future of those lacrosse players just to make a name for himself? He is the moral equivalent of pond scum. These guys? Maybe the same. So far they have not shown themselves to be lawyers of high character. This case has turned into a soup sandwich.
They will not be disbarred for the email stunt. The most that could happen to them is they might be suspended from practice for some period of time, likely less than a year. I base this prediction based on over 35 years of reading state bar reports on disciplined lawers.
Not so necessarily. There are several charges that could be brought through the UCMJ, including the ever present Article 134. They should go to their own general court.
I bet it doesn’t happen. Also, they likely committed federal wire fraud, but I doubt the powers that be will charge them. But this stunt will be a black mark on their JAG careers.
OK, gotta ask for an explanation of that one. No $$$ involved, and I believe fraud generally requires money to be involved.
Prosecutorial misconduct? Perhaps. But wire fraud? I’m not seeing it. Educate me, please.
They imbedded a tracking device in an email. If not mistaken, there is not a monetary benefit requirement and clearly there was a deceit involved in this event. Wire fraud may not be the correct descriptor, but using deception to obtain another’s email stuff is an offense, unless, of course, you are the NSA or the FBI.
Except as I understand it, the prosecutors here did not obtain any email content. At most, they obtained the IP addresses of those who (1) received the email in question legitimately, or (2) were illictly forwarded the email in question.
As I understand what happened, the prosecutors embedded a link to an image in the e-mail. Anyone opening the e-mail – and who viewed the image, either voluntarily or automatically on opening the email – would perforce give the system storing the original image their IP address. But that’s it. Email text, attachments, and the email address/identity of the recipient viewing the image would not be disclosed.
IP addresses can give general (and sometimes quite specific) info concerning the location of a computer system, and they’re necessary due to the way the Internet is built. But that’s all they disclose; by themselves, they don’t disclose content. All this showed was that a particular machine accessed that image, which was (presumably) unique to a particular email sent by the prosection to the defense team in this case.
The judge (who may or may not actually understand the above) has clearly held this to be serious prosecutorial misconduct. Not sure I agree – but I’m not the judge, and his opinion counts.
Was it underhanded? Maybe. But no more so IMO than leaking e-mail concerning the case to the press in the face of a gag order (I understand such an order was issued forbidding disclosure of much info about the case the press; I could be wrong). As I recall the defense team is suspected of doing exactly that.
I’m not justifying either practice (e-mail tracking or clandestine leaks to the press in defiance of a gag order) here. But I really think this whole incident has been blown far out of proportion. IMO there’s a good chance that it may prevent a trial, which in the interest of justice should absolutely take place.
Would that be the “or property” aspect of what is gained? Information being property?
They’re just operating on the Hillary protocol. Good intentions outweigh any criminal conspiracy, obstruction, and gross and deliberate negligence.
Lawers….sigh….How much more of the taxpayer’s money is gonna be pissed away? On the, now very slim, chance the Navy gets a conviction, the appeal will reverse that and the Senior Chief will walk. And then his civie lawers will sue hell out of the gubmint…and win.