War Crimes/Presidential Pardons

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Addie
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War Crimes/Presidential Pardons

#1

Post by Addie »

CNN
Lawyer for Navy SEAL accused of war crimes also works for Trump Organization

Washington (CNN) An attorney for Navy SEAL chief Edward "Eddie" Gallagher also represents the Trump Organization, CNN has learned, just days after reports surfaced indicating the President is considering pardoning Gallagher of charges that could constitute war crimes.

Gallagher faces a slew of accusations connected to violations of military law while he was deployed to the Iraqi city of Mosul in 2017, including premeditated murder in the stabbing death of an injured person in Iraq. He has pleaded not guilty.

Trump Organization lawyer Marc Mukasey started working on the case in recent months, according to sources familiar with the situation.

Former NYPD Commissioner Bernard Kerik, a former business partner of Trump ally and former New York Mayor Rudy Giuliani, also is helping with Gallagher's case. Kerik, who once served three years in federal prison for charges including tax fraud and lying to officials, was nominated as homeland security secretary by President George W. Bush but withdrew from consideration due to potential tax violations.

He has regularly appeared on Fox News as a surrogate for the President.

Lead defense attorney Tim Parlatore confirmed Wednesday that Mukasey, who is also involved in legal efforts to block House lawmakers from accessing President Donald Trump's financial records, is "one of the attorneys on Chief Gallagher's team."

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Slim Cognito
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Re: War Crimes/Presidential Pardons

#2

Post by Slim Cognito »

Because of course he is.
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Addie
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Re: War Crimes/Presidential Pardons

#3

Post by Addie »

TIME - Admiral James Stavridis (Ret.)
I Commanded Several of the Servicemen Trump May Pardon. Letting Them Off Will Undermine the Military

In 2012, I was the Supreme Allied Commander at NATO, in overall command of NATO operational forces worldwide. My trusted subordinate commander of the International Security Force Afghanistan was a superb U.S. Marine Corps General and a Naval Academy classmate of mine, John Allen. He called me late in the year to inform me that a group of U.S. Marines had been videotaped and photographed that summer by their fellow Marines urinating on the corpses of Taliban combatants who had been killed in a firefight in Afghanistan. John was deeply, justifiably upset. He outlined the difficulties ahead — particularly the real additional danger to our troops — caused by the enormous backlash that we both knew would come in country, once the world knew what these Americans had done. I remember the anguish in his voice.

Those Marines were subsequently charged and punished by military courts for, or themselves pled guilty to, obvious violations of our code of conduct. Some were demoted a rank or, in at least one case, discharged — albeit honorably. The fellow Marines who conducted the disciplinary activity were sober, thoughtful and fully knowledgeable of the stress of combat operations. (One Marine’s conviction was overturned in 2017, due to meddling by an enraged four-star general who oversaw the investigation into this case, though even then, the general took action to attempt to, he wrote, “protect the institutional integrity of the military justice process.” This was correctly construed by the military appellate system as “undue command influence” — demonstrating the military judicial system is indeed self-policing.)

There was not a shred of “political correctness” in the convictions. Though some judges could not inflict harsher punishment due to plea deals, the Marines’ actions represented a real failure in our overall command discipline, disgraced the Marine Corps and put their fellow Marines in more danger on the battlefield. It was a low point in our campaign in Afghanistan, where at that moment we had 150,000 brave U.S. and Alliance troops engaged in a difficult and frustrating fight.

But according to the New York Times, it appears that President Trump is considering pardoning those men, as well as other military members credibly charged with a variety of crimes, including murdering an enemy captive or killing unarmed civilians. (The President is also reportedly considering pardoning a security contractor twice convicted by a federal court.) All of these actions are gross violations of the laws of war and the U.S. code of military conduct. They are extreme ethical and moral failures.

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Addie
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Re: War Crimes/Presidential Pardons

#4

Post by Addie »

Just Security: Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War

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Kendra
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Re: War Crimes/Presidential Pardons

#5

Post by Kendra »

Addie wrote:
Sun May 26, 2019 4:20 pm
Just Security: Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War
:snippity:
Several European countries, for example, have robust mechanisms for applying universal jurisdiction to international crimes committed outside their borders by and against non-citizens. While one may be rightfully skeptical that another State would prosecute a sitting or former President of the United States, the fact that the potential exists, including the right of private citizens to initiate such complaints in some States, should make this President pause.

If these pardons are President Trump’s vision of how to make America great again, he is terribly mistaken. If he doesn’t care about the integrity of our country and its military, he may nevertheless want to consider his golfing plans abroad before he decides to issue these pardons
.
:snippity:

:boxing: :boxing: :boxing:

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Re: War Crimes/Presidential Pardons

#6

Post by Maybenaut »

He’s already pardoned Behanna. That’s his prerogative. He has the constitutional authority to do that, and as reprehensible as I think Behanna was, as a policy matter I don’t really have a problem with the President pardoning him. The president can pardon whomever he wants for whatever reason he wants.

Potentially pardoning Gallagher is a bigger problem though. It’s still something the president has the authority to do, but I really, really hope he doesn’t do it. Not because I think Gallagher is guilty. I don’t know whether he’s guilty or not. I don’t know anything about his case. But I know this: the government has been spying on his defense attorneys by adding an image in their emails to them (and others) that contains a traceable computer code in an effort to figure out who is leaking information to the press.

Gallagher’s trial is currently on hold while the military judge considers the legality of this issue. If Trump pardons Gallagher, that is all going to stop.

Here’s a link to a Navy Times article about it:

https://www.navytimes.com/news/your-nav ... d-on-them/
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Notorial Dissent
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Re: War Crimes/Presidential Pardons

#7

Post by Notorial Dissent »

I see that judge in the Gallagher case has ordered him released because the prosecution had "violated the accused's right to a fair trial". I think this is one of the ones Maybenaut was talking about with regards to prosecutorial misconduct.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Maybenaut
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Re: War Crimes/Presidential Pardons

#8

Post by Maybenaut »

Notorial Dissent wrote:
Sat Jun 01, 2019 4:02 pm
I see that judge in the Gallagher case has ordered him released because the prosecution had "violated the accused's right to a fair trial". I think this is one of the ones Maybenaut was talking about with regards to prosecutorial misconduct.
Yeah, same case. According to the Navy Times,
During the hearing Thursday, Rugh [the military judge] indicated he was kept in the dark by prosecutors about the email monitoring.

Rugh said prosecutors had told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks. But he said he didn't have the power to authorize such an investigative tool, and wasn't told they planned to plant the code in emails to defense lawyers or a journalist.

Rugh said he thought prosecutors were coordinating the investigation with the U.S. attorney's office in San Diego. Rugh said he wasn't aware that a federal prosecutor told the military prosecutor to make sure they had the judge's approval before launching the tracking effort.
https://www.navytimes.com/news/your-mil ... der-trial/
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Addie
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Re: War Crimes/Presidential Pardons

#9

Post by Addie »

Daily Beast: Trump Cools on Plans to Pardon Alleged War Criminals

Blowback from veterans groups caused the president to rethink the idea. At least for now. ...

The president was personally taken aback by the nearly across-the-board pushback to his administration’s consideration of pardons for several U.S. servicemen accused of grisly crimes in war zones, two people familiar with the situation told The Daily Beast.

The sources also noted that Trump, while monitoring much of the reaction in newspapers and cable news last month, had not expected the blowback to be as fierce and widespread among veterans as it was. Eventually, he decided to tap the brakes on the highly controversial idea, with the possibility of revisiting it in the future.

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Slim Cognito
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Re: War Crimes/Presidential Pardons

#10

Post by Slim Cognito »

Soooo, Hannity told him to put it on the back burner for now?
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Kendra
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Re: War Crimes/Presidential Pardons

#11

Post by Kendra »

Wasn't it Pete Hegseth from Fox who was pushing Trump to do it?

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Slim Cognito
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Re: War Crimes/Presidential Pardons

#12

Post by Slim Cognito »

Kendra wrote:
Wed Jun 05, 2019 11:05 am
Wasn't it Pete Hegseth from Fox who was pushing Trump to do it?
I remember reading that.
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Re: War Crimes/Presidential Pardons

#13

Post by Kendra »

Slim Cognito wrote:
Wed Jun 05, 2019 12:13 pm
Kendra wrote:
Wed Jun 05, 2019 11:05 am
Wasn't it Pete Hegseth from Fox who was pushing Trump to do it?
I remember reading that.
I think I recall him sniveling about it on F&F after it blew up and they weren't going to get their pardons. They were heroes and all :roll:

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Maybenaut
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Re: War Crimes/Presidential Pardons

#14

Post by Maybenaut »

Like I said, I really hope Gallagher does not get pardoned. Irrespective of the merits of the case, I really want so see the military judge force the government to explain the spying on defense counsel. When the case is over, irrespective of the results, all of it, to include transcripts and exhibits, will be public record.
"Hey! You know, we left this England place because it was bogus. So if we don't get some cool rules ourselves, pronto, we'll just be bogus too." - Thomas Jefferson

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Notorial Dissent
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Re: War Crimes/Presidential Pardons

#15

Post by Notorial Dissent »

Maybenaut wrote:
Wed Jun 05, 2019 1:40 pm
Like I said, I really hope Gallagher does not get pardoned. Irrespective of the merits of the case, I really want so see the military judge force the government to explain the spying on defense counsel. When the case is over, irrespective of the results, all of it, to include transcripts and exhibits, will be public record.
I agree, if true, that is incredibly disturbing.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: War Crimes/Presidential Pardons

#16

Post by Whatever4 »

Well, that’s a new development.

Shocking Revelation In Navy SEAL War Crimes Trial: Witness Says He Is The Real Killer
The war crimes trial of Navy SEAL Chief Edward Gallagher took a dramatic turn Thursday when a lead prosecution witness — another SEAL who has been granted immunity to testify — confessed that he was the actual killer of a 17-year-old ISIS prisoner.

Special Warfare Operator 1st Class Corey Scott stunned prosecutors as he described a previously unheard version of events, saying he asphyxiated the teenage Islamic fighter as an act of mercy.

Among other charges related to his 2017 military service in Iraq, Gallagher is accused of killing the insurgent.

Scott began his witness testimony as prosecutors had expected, KPBS reporter Steve Walsh told NPR. Like several other witnesses who have taken the stand earlier this week, Scott first said Gallagher plunged a knife into the neck of the wounded ISIS captive as they were providing him with medical care.

But Scott's account radically diverged from the familiar narrative during the defense's cross-examination when he revealed that "it was in fact he who killed [the combatant] by closing off an airway to a breathing tube for the wounded fighter and then he slowly watched him die," Walsh said.



Paging Major Perry Mason...
"[Moderate] doesn't mean you don't have views. It just means your views aren't predictable ideologically one way or the other, and you're trying to follow the facts where they lead and reach your own conclusions."
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Notorial Dissent
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Re: War Crimes/Presidential Pardons

#17

Post by Notorial Dissent »

Don't that just stir the pigeons.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: War Crimes/Presidential Pardons

#18

Post by tek »

hm, person granted immunity confesses?

I'm suspicious.
There's no way back
from there to here

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Re: War Crimes/Presidential Pardons

#19

Post by Dave at Sea »

Navy SEALs call retired Special Operations Chief Edward Gallagher 'freaking evil' in leaked videos

https://www.abc.net.au/news/2019-12-28/ ... s/11830224

Navy SEALs have described their platoon leader, retired Special Operations Chief Edward Gallagher, as "evil", "toxic" and "perfectly OK with killing anybody that was moving", in video footage of interviews obtained by The New York Times.

Key points:
•Gallagher was accused of battlefield misconduct in Iraq, and the men who worked with him have said he seemed to love killing
•Gallagher has insisted the charges against him were made up by disgruntled Navy SEALs who could not meet his high standards
•US President Donald Trump has repeatedly tweeted support for Gallagher, saying his case was "handled very badly"

Chief Gallagher's war crimes case earlier this year gained national attention in the US after President Donald Trump intervened on his behalf despite strong objections from Pentagon leaders who said the President's move could damage the integrity of the military judicial system.

The case also led to the Navy secretary's firing over his handling of the matter.

The footage published on Friday was part of a trove of confidential Navy investigative materials that The New York Times obtained about the prosecution of Chief Gallagher, who was accused of battlefield misconduct in Iraq.

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