From Matt Bors.
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From Matt Bors.
President Trump Grants Clemency to Army Members, Restores Rank to SEAL
President Trump Grants Clemency to Army Members, Restores Rank to SEAL
We wrote about the possibility last month that President Trump would grant clemency to Matthew Golsteyn and Clint Lorance, with a restoration of rank to Navy SEAL Eddie Gallagher. He did it. The announcement was made Friday night.
“Today, President Donald J. Trump signed an Executive Grant of Clemency (Full Pardon) for Army First Lieutenant Clint Lorance, an Executive Grant of Clemency (Full…
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President Donald Trump ignored Pentagon advice Friday and pardoned two service members, while also restoring the rank of a third after all faced war crimes allegations.
Officials all pointed to a central concept that informs the US military ethos: that US forces are highly trained to operate in a legal and disciplined manner and if they are found guilty of violations, they must face punishment.If the President "were to overuse his pardon power and in fact release soldiers who have, in every other way, have the evidence stacked against them, there certainly could be an impact on the military judicial process going forward," said John Kirby, a retired admiral who has served as both Pentagon and State Department spokesman.
A decision by U.S. President Donald Trump to pardon two army officers accused of...
Republicans and Trump Supporters, don’t be shocked when other countries commit and acquit themselves of War Crimes against American citizens — U.S. Armed Forces #RepublicansComplicit
“These pardons also send a disturbing signal to militaries all around the world,” United Nations human rights spokesman Rupert Colville
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war
Just another Treaty AMERICA will not live up to — because of Trump and Republicans
The move drew a swift outcry about potential harm to the military justice system.
By BRYAN BENDER and WESLEY MORGAN
11/15/2019
President Donald Trump, carrying through on a previous pledge, granted full pardons on Friday to a pair of Army officers convicted of or charged with war crimes — and also promoted a Navy SEAL who was tried and acquitted for similar violations of the laws of armed conflict. The grants of clemency for 1st Lt. Clint Lorance and Maj. Mathew Golsteyn — and the promotion to chief petty officer of Edward Gallagher, who had been demoted from that rank — were approved despite lingering concerns that such presidential interference will damage the integrity of the military justice system.
Clint Lorance was found guilty by a military court on two counts of second-degree murder for ordering his soldiers to fire on three men in Afghanistan in 2008. He was convicted in part on the strength of the testimony of members of the infantry platoon he was commanding. "He has served more than six years of a 19-year sentence he received," the White House said Friday.
“The guy’s a war criminal," Andrew Duggins, a former Army captain who served with Lorance in the same unit of the 82nd Airborne Division at the time and who read sworn statements of Lorance's platoonmates made immediately after the mission. "It’s clear cut, and it shouldn’t be a partisan issue for Clint to be in jail for his full sentence. He was a bully and he was scared." “It was a nasty deployment," Duggins added when told of the pardon on Friday. "That company had taken a number of casualties, and Clint’s attitude was, ‘I’m just going to go out there guns blazing and make a statement.’ He was scared to go out and do missions, and this was one of his very first missions. Privates came back from that mission in tears because they were shocked. They knew how wrong it was, and they knew that he had given an illegal order.”
Edward Gallagher's recent acquittal on most charges stemming from the murder of a teenage prisoner of war in Iraq drew widespread attention because of Trump's defense of his actions. Members of Gallagher’s SEAL platoon testified against him. But in what was described as a botched prosecution, some of the witnesses contradicted one another and even themselves.
Gallagher was acquitted of the murder charge but was found guilty of the lesser offense of posing for photographs with the corpse and was demoted.
“The Gallagher decision undercuts the chain of command in Naval Special Warfare who were really trying hard to do the right thing,” said retired Marine Col. Andrew Milburn
Should There Be a War Crime Pardon Exception?
Should There Be a War Crime Pardon Exception?
By Dan Maurer
Lawfare
In May 2019, President Trump pardoned former 1st Lt. Michael Behenna for crimes committed while deployed in Iraq. Behenna, who had served less than five years in prison by that point, had executed an unarmed Iraqi he believed was responsible for an attack that killed two of his troops. In November, the president followed up his historic act of executive clemency with two…
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President Trump intervened in three cases involving war-crimes accusations, issuing full pardons to two soldiers and reversing disciplinary action against a Navy SEAL despite opposition raised by military justice experts and some senior Pentagon officials.
President Trump intervened in three cases involving war crimes accusations on Friday, issuing full pardons to two soldiers and reversing disciplinary action against a Navy SEAL despite opposition raised by military justice experts and some senior Pentagon officials.
The White House said in a statement Friday night that Trump, as commander in chief, is “ultimately responsible for ensuring that the law is enforced and when appropriate, that mercy is granted.”
“For more than two hundred years, presidents have used their authority to offer second chances to deserving individuals, including those in uniform who have served our country,” the statement said.
The service members were notified by Trump over the phone late Friday afternoon, according to lawyers for Army Maj. Mathew L. Golsteyn and former Chief Petty Officer Edward Gallagher, the SEAL. Golsteyn faced a murder trial scheduled for next year, while Gallagher recently was acquitted of murder and convicted of posing with the corpse of an Islamic State fighter in Iraq.
The third service member, former Army 1st Lt. Clint Lorance, was expected to be released Friday night from prison at Fort Leavenworth, Kan. He was convicted of second-degree murder in 2013 and sentenced to 19 years for ordering his soldiers to open fire on three men in Afghanistan.
Golsteyn and Lorance received full pardons, while the president will direct the Navy to restore Gallagher to his previous rank before he retires, the White House said. His demotion marked the only significant penalty he received following his acquittal on the murder charge.
Trump Tells Allies He Wants Absolved War Criminals to Campaign for Him
I can’t imagine having to do the types of things that these brave men are called upon to do. I won’t second guess them. I have heard multiple aspects of their stories that lead me to have understanding and compassion for them considering what they have been through.
The whole concept of this is so steeped on irony. It reminds me of the scene in Apocalypse Now when the Martin Sheen character comments about the charges against Colonel Kurtz, noting that charging someone with murder during war time is like handing out speeding tickets at the Indie 500.
I agree and I think compassion rather than vindictiveness is called for here. I pray that they will find peace and happiness in their lives moving forward. Let their healing begin. If they want to support the man that gave them their futures back I certainly have no objections.