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Trump pardons Army officers, restores Navy SEAL's rank in war crimes cases


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Trump pardons Army officers, restores Navy SEAL's rank in war crimes cases

By Idrees Ali

 

2019-11-16T023524Z_1_LYNXMPEFAF02E_RTROPTP_4_USA-TRUMP-WARCRIMES-PARDON.JPG

FILE PHOTO: U.S. Navy SEAL Special Operations Chief Edward Gallagher prepares to answer a question from the media with wife Andrea Gallagher after being acquitted on most of the serious charges against him during his court-martial trial at Naval Base San Diego in San Diego, California, U.S., July 2, 2019. REUTERS/John Gastaldo

 

WASHINGTON (Reuters) - U.S. President Donald Trump on Friday pardoned two Army officers accused of war crimes in Afghanistan and restored the rank of a Navy SEAL platoon commander who was demoted for actions in Iraq, a move critics have said would undermine military justice and send a message that battlefield atrocities will be tolerated.

 

The White House said in a statement Trump granted full pardons to First Lieutenant Clint Lorance and Major Mathew Golsteyn, and ordered that the rank Edward Gallagher held before he was convicted in a military trial this year be restored.

 

"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. These actions are in keeping with this long history," the statement said.

 

A Pentagon spokesperson said the Department of Defense has confidence in the military justice system.

 

"The President is part of the military justice system as the Commander-in-Chief and has the authority to weigh in on matters of this nature," the spokesperson said.

 

In recent weeks, Pentagon officials had spoken with Trump about the cases, provided facts and emphasized the due process built into the military justice system.

 

In 2013, prosecutors accused Lorance of illegally ordering the fatal shootings of two men on motorcycles while on patrol in Afghanistan's Kandahar province. He was found guilty of two counts of murder.

 

Last year, Golsteyn, an Army Green Beret, was charged with murdering an Afghan man during a 2010 deployment to Afghanistan.

 

Gallagher, a decorated SEAL team platoon leader, was accused of committing various war crimes while deployed in Iraq in 2017.

 

In July, a military jury acquitted him of murdering a captured Islamic State fighter by stabbing the wounded prisoner in the neck, but it convicted him of illegally posing with the detainee's corpse. That had led to his rank being reduced.

 

Golsteyn received word of his pardon from Trump, who spoke with him by telephone for several minutes, Golsteyn's attorney Phillip Stackhouse said in a statement.

 

"Our family is profoundly grateful for the president's action. We have lived in constant fear of this runaway prosecution," Golsteyn was quoted saying in the statement.

 

The American Civil Liberties Union criticized the president's action.

 

"With this utterly shameful use of presidential powers, Trump has sent a clear message of disrespect for law, morality, the military justice system, and those in the military who abide by the laws of war," Hina Shamsi, director of the ACLU's National Security Project, said in a statement.

 

In May, Trump talked about how he was considering pardons for U.S. troops charged with war crimes, a move he acknowledged would be controversial but that he said was justified because they had been treated "unfairly."

 

The overwhelming majority of pardons are granted to people who have already been convicted and served time for a federal offence.

 

But presidents have occasionally granted pardons preemptively to individuals accused of or suspected of a crime.

 

The most famous such case was the blanket pardon President Gerald Ford bestowed on his predecessor, Richard Nixon, after Nixon's resignation during the Watergate scandal in 1974.

 

(Reporting by Idrees Ali; Editing by Sandra Maler and Daniel Wallis)

 

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-- © Copyright Reuters 2019-11-16
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It's not exactly clear who is financing Edward Gallagher's defense/pardon, but he has some powerful friends.

 

Marc Mukasey (son of former AG and Chief Justice of USDC in SDNY) is lobbying hard for this. And Fox News host Pete Hegseth had been lobbying Trump for months, for pardons for Gallagher, Golsteyn, Lorance and Slatten.

 

It seems like most in the military are against this sort fo reversal of military justice, for all the obvious reasons.

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5 hours ago, JustAnotherFarang said:

I am aware of First Lieutenant Clint Lorance case as it is being streamed on Netflix but it is clear to everyone watching, including all of the men in his company who testified that he committed a war crime and was duly sentenced.  Trumps pardon is a disgraceful effort to curry favour with the idiots he hopes will blindly vote for him again and judging by the low brow intelligence of his supporters, they probably will

 

JAF

 

 

Spoken like a true wannabe. You saw the Netflix portrayal, congratulations. I do hope you realize that was a work of fictional. 

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47 minutes ago, giddyup said:

How would you know they are Isis, do they wear different clothes to the rest of the population? It has been proven that those soldiers who were convicted killed innocent civilians. I suppose the My Lai massacre only killed Viet Cong?

DYOR one was a bomb maker but i guess you have not come across many of those in your armchair. Kill as many as possible they are scum. 'Been proven'?  links, evidence and stuff like that?

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37 minutes ago, Mick501 said:

Cue the usual TDS brigade.

 

Training people to kill, subjecting them to the horrors of war, and then asking them to behave as saints is irrational.  Judging split second decisions with 20/20 hindsight is slippery ground.  Soldiers can not be given carte blanche, but must be judged on the lenient side when their silicon chips go haywire.  The prosecution process over many years is punishment in its own right, and on any objective view the punishment has already been sufficient.  Very likely each one was suffering PTSD at the time of their actions.

"Soldiers can not be given carte blanche, but must be judged on the lenient side when their silicon chips go haywire."

 

And of course you would offer the same leniency to enemy soldiers who kill yanks in battle etc.  

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