Navy Seal Charged with war crimes

[toddnjoyce]

Deeply disappointed, but does prove the point I’d rather be tried by a military panel than a civil jury.

 

[TxStetson]

Deeply disappointed, but does prove the point I’d rather be tried by a military panel than a civil jury.

In some cases. There’s always the chance they get you for conduct unbecoming.

 

[toddnjoyce]

In some cases. There’s always the chance they get you for conduct unbecoming.

Which is one thing Gallagher wasn’t charged with, I believe. Prosecutors did a poor job.

 

[satx78247]

To All,

My GUESS is that the LTCDR will be forced to retire from the USN immediately but nothing more will be done to him.

yours, satx

 

[Bozz10mm]

To All,

My GUESS is that the LTCDR will be forced to retire from the USN immediately but nothing more will be done to him.

yours, satx

And I think I read that he only has 19 years in.

The maximum sentence for posing in the picture is 4 months. He has been in the brig for 9 months, so he'll be going home.

 

[majormadmax]

Ironic that some believed it was a Navy witch hunt, whereas it ended up being a Navy cover up...

 

[avvidclif]

Ironic that some believed it was a Navy witch hunt, whereas it ended up being a Navy cover up...

Well spoken since you don't have access to ALL of the testimony!

 

[oldag]

No one on this board knows what really happened.

Can be interesting to discuss, conjecture. But in this case (more than some that are discussed) we really do not know what happened.

Maybe he got off. Maybe some folks had it out for him. Can't say.

Like with LEO's, I give our servicemen the benefit of the doubt.

 

[oldag]

https://www.foxnews.com/opinion/don...welcome-news-he-shouldnt-have-been-prosecuted

A different viewpoint than held by some here.

 

[TxStetson]

https://www.foxnews.com/opinion/don...welcome-news-he-shouldnt-have-been-prosecuted

A different viewpoint than held by some here.

Actually that news story answers a few questions I was asking myself about this case.

 

[vmax]

Actually that news story answers a few questions I was asking myself about this case.

me too.

"Then the government's own pathologist testified that he could find no evidence of a stab wound nor any blood on the dead fighter, nor could he conclude that anything Gallagher did killed the ISIS fighter"

 

[karlac]

About the only good thing that came out of this is that the military justice system worked.

The military, suffering from the strain and stain of 8 years of Obama, which is clearly manifested in this pathetic prosecutorial ineptness, inexperience, and downright lawless behavior in an effort that should have never been allowed.

A good case can be made that the prosecution needs to be prosecuted.

Strictly my opinion, ymmv ...

 

[majormadmax]

Well spoken since you don't have access to ALL of the testimony!

The Navy didn't want the image of their beloved SEALS tarnished any further, which is why this board concluded as it did...

 

[satx78247]

And I think I read that he only has 19 years in.

The maximum sentence for posing in the picture is 4 months. He has been in the brig for 9 months, so he'll be going home.

Bozz10mm,

WOAI TV here in San Antonio reported that the CDR has over 20 years USN service & therefore can retire. - That's all that I know about that subject.

yours, satx

 

[Frank59]

https://www.foxnews.com/us/navy-sea...ial-pay-after-being-cleared-of-murder-charges

 

[Bozz10mm]

Bozz10mm,

WOAI TV here in San Antonio reported that the CDR has over 20 years USN service & therefore can retire. - That's all that I know about that subject.

yours, satx

Yeah, just saw this in Frank59's Link

Gallagher's attorney confirmed to Fox News that he will retire from the U.S. Navy when he becomes eligible in about three weeks as he hits his 20 years of service.

 

[satx78247]

Bozz10mm,

YEP. I would also bet everything that I have in the bank (which is sadly little!!) that the former CDR is re-hired as a contractor (likely OCONUS) by one of the DoD firms & at a BIG jump in pay) within 90 days.

yours, satx

 

[birddog]

Probably not so much the Navy as the SEAL community...but he does have a track record for such behavior...

Not any more than many men I've served with that earned their cib.

Max, internet anonymity is a myth. Remember that.

Regarding your ad hominum attacks on my moral compass, I've got verifiable creds and speak from experience. Post your previous comments on SOCNET and LF where we can discuss this topic and you can voice your opinion freely amongst a community of HSLD btdt's. Including SEALs that served with the man you've demonized as unfit to serve his country.

www.socnet.com
www.lightfighter.com

I've been a member of both for roughly 20 years. Lets take this conversation to a forum loaded with ex-mil badasses and get their opinion.

 

[birddog]

The legal term is "presumption of innocence," which means the accused is treated or considered innocent until proven otherwise. It is considered a right.

Technically, a person's actual guilt occurs the second he/she commits the crime. They may not be found legally or criminally liable until a later time in a court of law, but their actual culpability begins at the moment when the actus reus Malum in se (wrong or evil in itself) took place unless a culpable mental state is a required element of the offense.

And courts martial have panels, not juries...

Wrong.

The mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed, is a necessary element of many criminal offenses.

The standard common law test of criminal liability is expressed in the latin phrase actus reus non facit reum nisi mens sit rea, i.e. "the act is not culpable unless the mind is guilty". In jurisdictions with due process, there must be both actus reas (criminal act) and mens rea (culpable mental state) for a defendant to be found guilty of a crime. As a general rule, someone who acted without mens rea if its a required element of an offense is not guilty in criminal law. Exceptions are known as strict liability crimes.

When mens rea is a neccessary element of an offense, in its absense, the actus reus isnt a criminal act.

 

[birddog]

Which is one thing Gallagher wasn’t charged with, I believe. Prosecutors did a poor job.

Prosecutors didn't have a case.

Why else would the prosecutors attempt to infect defense counsel PCs with malware that would enable the prosecution to view the defenses case files, emails, and investigative evidence? I'll tell you why; because they didn't have jack to convict.

UCMJ and JAG don't fk around. The jury is men in uniform, the defendants peers. They know the rules, the implications of their actions and verdict, and the need to punish to set an example if need be. Good judgement is de riguer, their careers depend on it. Their verdict waasnt whipped out of their asses for damn sure and its safe to assume they know more about the incidents and facts than we do.

The hearings and trial occurs in a vacume. They were free to decide guilt or innocence as they saw fit, with potential repercussions down the road if they stepped on their dks.

The defendant is still gtg in the seal community but his career is over because of the BS. A chief, 8 tours under his belt, his mistake was taking his platoon to task, busting their balls, and talking too much. The pics didnt help, but who the fk running & gunning hasnt snapped a few?