Edward Gallagher found not guilty

**Wake27** · 08-03-19, 11:01

Originally Posted by sundance435

All good insight. The fact is, though, that the Navy can still sweep this under the rug with only cosmetic changes. Other than guys "in the know", 95% of the American public thinks of them as the guys who killed UBL. I'm sure they don't even realize that there is DEVGRU and then a bunch of other teams - they're all DEVGRU-types to most people.

Something's gotta give with the never-ending push for more special operations forces. The results of that are just starting to make it into the public view with these high-profile cases. Even the killing of the green beret was just a blip on the radar. Personally, based on the guys I know from the Regiment, I'd say the Army should just stand up another Ranger batt and be good for a while. They'll then be the guys that filter over to special forces and Delta. There's no better direct-action force in the world than the Rangers.

On another, topical note. You guys with experience - what can NSW do to fix this?

Rangers rarely go to SF anymore. That used to be the path in the pre and early GWOT days, but now they’re looked at much more as competitors and Rangers are typically convinced no to go that route, if they even want to. The cultures are almost opposite in many ways.

Sent from my iPhone using Tapatalk

**Averageman** · 08-03-19, 11:16

Originally Posted by jack crab

Article 15 is an administrative process. No defense counsel are detailed. It is a rights advisement only. DCs are only detailed to special and general courts-martial. So, not accurate to criticize for a matter DCs are not involved in.

I'd have to see the desk and sleep thing to believe it.

You're not getting the point.
If you go in and say "This is wrong, I wont accept and Article Fifteen for this charge." the answer is "Take the Article Fifteen." The facts make no difference, they don't want to get out of the comfy chair and go take a look.

**Firefly** · 08-03-19, 14:34

Originally Posted by 26 Inf

Succinct version of what has occurred: Too many SEALS read Richard Marchinko books.

SEALs are the Florida Man of SOF.

That’s right. Come get me.

**ThirdWatcher** · 08-04-19, 05:32

Originally Posted by jack crab

I have. I did court-martial trial defense for a year and half. I later did court-martial appellate work for two years. I know dozens of other Judge Advocates who went to the mat every day defending their clients.

If you are implying that the defense bar rolls over for the government, you are sadly mistaken.

On the other hand, if you want to look at prosecutorial misconduct, pull up a chair.

Sir, I’m thankful for people like you. While I’ve served my adult life in Law Enforcement (beginning with a hitch in Army Military Police) I like checks and balances. My oldest daughter served as a Paralegal Specialist in JAG when on active duty and in Trial Defense while in the Army Reserve (I was thankful she got to see both sides).

Like a good lock keeps an honest man honest, a good attorney maintains the integrity of the system.

FWIW, if the prosecution withheld or ignored exculpatory evidence (as is alleged in this case) I am concerned.

**mark5pt56** · 08-04-19, 05:49

Originally Posted by Firefly

SEALs are the Florida Man of SOF.

That’s right. Come get me.

Now that is funny

**jack crab** · 08-04-19, 10:10

Originally Posted by Averageman

You're not getting the point.
If you go in and say "This is wrong, I wont accept and Article Fifteen for this charge." the answer is "Take the Article Fifteen." The facts make no difference, they don't want to get out of the comfy chair and go take a look.

No, I get the point. You want to bad mouth lawyers.

The facts make all the difference, such as the difference between Gallagher being found guilty or not guilty.

NJP counseling is a rights advisement. No defense counsel is detailed to the servicemember. Therefore, there is no basis upon which to get out of the comfy chair (which I have never seen in a government office but that is beside the point) and go take a look. By regulation, defense counsel are prohibited from self-assigning to a matter and undertaking representation.
Now, once charges are preferred and referred to a courts-martial, and a defense counsel is detailed to the case, there will be no end to going to take a look.

I represented a Marine at general court-martial charged with rape. The victim claimed the scratches on her hands and arms were the result of the attack. I took the NCIS photos over to a dermatologist at the base hospital. He said the puckering on the scabs etc. would suggest the scratches were days to weeks old, not hours. The scratches were also thin, not wide like a human finger nail. Based upon that information, I kept digging, and later found out that the victim had recently adopted a kitten from the shelter. She was trying to pass off old cat scratches as support for her complaint.

It was just that Marine and me up against the MPs from PMO that initially responded and took reports, up against NCIS agents who prepared the investigation and were willing to submit the photos as evidence of her fight\ting back/lack of consent, up against the command who had ostracized the Marine (try and find a character witness), the SJA's office who did not want the negative publicity, as well as government counsel. The two of us were not provided any investigative assistance. I did however get the dermatologist detailed as a defense expert. So, now there were three us against the entire resources of the federal government.

It was he said, she said. The woman and government had no response or explanation for the cat scratches. That Marine was found not guilty. So, "Ever hear of a JAG Lawyer that actually wanted to defend someone?" Now you have. That was only one of many cases. I am only one of hundreds of defense counsel.

Now, are all cases worthy of Perry Mason? No. I was detailed to represent a corpsman (female) who worked days in the MCAS Cherry Point hospital and wanted to get into the LSD dealing business during the nights. NCIS did an undercover buy. They met her at an empty parking lot. The UC was in a vehicle perfectly placed in front of the video surveillance van. He is also mic-ed up. She rolls up. He asks why she is in the parking. She says to buy the LSD. He says how much. She says 100. He holds out 100 hits for the camera but is standing a little ways back. She has to reach out for them. He says here are the 100 hits. She pulls out a wad of cash. He fans it out for the camera and says the purchase is complete. She got cuffed up on the spot.

There is no question of guilt. It was a good buy. Go through all the entrapment, duress, etc. defenses there are and you come up with nothing. That was a case to fight for sentence and pilots are not going to be happy about their medical support tripping on acid. She turned down a "bareback special" i.e., the charges go to special court-martial, plead guilty, and punishment is limited to SPCM, at that time six months confinement, six months forfeitures, E-1, and BCD (six, six, and a kick). She fired her first defense counsel and got me detailed. I recommenced the deal and tried to get it back from the government. They said she had her chance, general court-martial, one year confinement, BDC. I recommenced it, she fired me. She got her grandmother to remortgage her house to pay a civilian lawyer. She ended up with a federal felony conviction and a few years in the brig. But that is not because a JA did not want to actually defend the case.