War Criminal Pardons: Gallagher, Lorance, Golsteyn — Undermining Military Justice
Last updated
The Gallagher case was the most prominent: he had been reported by his own platoon members, who described him as 'freaking evil' and said they feared he would shoot civilians and colleagues. He was convicted by court-martial of posing with a corpse but acquitted of murder after a key prosecution witness changed his testimony. Trump followed the verdict by restoring Gallagher's rank and then, overriding Defense Secretary Esper's objections, blocking the Navy SEALs from removing Gallagher's Trident pin (the insignia of qualification). Navy Secretary Richard Spencer was fired after he sought a compromise with the White House outside normal channels. The pardons were condemned by military ethics experts as undermining the uniform code and the military's commitment to the laws of armed conflict.
Overview
The SEALs who reported Eddie Gallagher were his platoon members. Not investigators, not prosecutors, not outsiders with agendas. The people who had served alongside him, in the same unit, in the same deployments. They submitted sworn statements describing conduct they characterized as evil.
Trump pardoned him. The Navy Secretary who tried to find a compromise was fired. The SEALs who reported the conduct had their names made public by Gallagher.
The Platoon's Reports
The SEALs who reported Gallagher's conduct described specific incidents in sworn statements: shooting at civilians including a young girl and an elderly man; stabbing a sedated teenage prisoner and posing with the body; threatening to kill SEALs who reported his behavior. They used the word "evil." They said they feared he would shoot them.
These were not disgruntled former colleagues. They were his team, submitting formal reports through military channels while still deployed.
The Pardons
Lorance had been convicted by court-martial. Two of his own soldiers testified against him. He had ordered men to fire on unarmed Afghans. He had been in command of his platoon for two days.
Trump pardoned him.
Golsteyn was accused of killing an unarmed detainee. The case had not gone to trial. Trump pardoned him preemptively.
Gallagher had been convicted of posing with a prisoner's corpse — the photograph charge. Trump restored his rank and then blocked the Navy's internal review of his SEAL status.
The Institutional Response
Esper and Milley raised concerns. Military law experts were unambiguous: the pardons undermined the UCMJ and the U.S. commitment to the laws of armed conflict. The United States enforces those laws partly by holding its own personnel accountable. When the president signals that conviction doesn't matter, the enforcement credibility collapses.
The Navy Secretary who tried to find a path that preserved some of that credibility was fired.
The SEALs who reported what they saw had their names released by the man they had reported.
Timeline
Sequence of events
May 7, 2019
Trump signals potential Gallagher pardon — before trial
Trump intervenes in Gallagher's pre-trial confinement, ordering him moved to less restrictive conditions, signaling administration interest in the case before the court-martial verdict.
July 2, 2019
Gallagher acquitted of murder — convicted of photograph
Eddie Gallagher is acquitted of murder and most charges after the prosecution's key witness changes his testimony in court. He is convicted of posing with the corpse of a prisoner — a lesser charge. The case draws significant attention.
November 15, 2019
Trump pardons Lorance and Golsteyn — restores Gallagher's rank
Trump pardons Clint Lorance and Mathew Golsteyn, restores Eddie Gallagher's rank, and announces he will not allow the military to review Gallagher's SEAL status. Defense Secretary Esper and Joint Chiefs Chairman Milley have both raised concerns.
November 19, 2019
Trump blocks SEAL review by tweet — fires Navy Secretary
Trump tweets that he will not allow the Navy to remove Gallagher's Trident pin. Navy Secretary Spencer is subsequently fired for negotiating outside normal channels with the White House. Esper carries out the firing.
November 21, 2019
Military leadership expresses concerns publicly
Chairman of the Joint Chiefs Milley and others raise public concerns about the pardons' effects on military discipline and the laws of armed conflict. Esper states the pardons created a difficult situation for military leadership. SEAL community is divided.
Sources
- ↑ Trump Pardons Military Members in War Crimes Cases — The New York Times
- ↑ Trump pardons three service members accused or convicted of war crimes — The Washington Post
- ↑ Trump pardons soldiers accused or convicted of war crimes — The Associated Press
- ↑ Navy SEALs Reported a War Crime. Then Everything Went Wrong. — The New York Times
Verification