US: Navy Reduces Punishment for SEAL in War Crimes Case - - PressFrom - US
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US Navy Reduces Punishment for SEAL in War Crimes Case

00:00  30 october  2019
00:00  30 october  2019 Source:   nytimes.com

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The Navy SEAL at the center of one the highest-profile war crimes cases in years had his sentence drastically reduced Tuesday by the Navy ’s top admiral, sparing the SEAL from the most serious punishment he still faced

War crimes , which are often referred to as crimes against humanity, are violations of the customs or laws of warfare. There are a few qualifications that must be met before a case can be tried at the ICC. The crime must fall under one of the categories the court is considered to have jurisdiction over.

The Navy SEAL at the center of one the highest-profile war crimes cases in years had his sentence drastically reduced Tuesday by the Navy’s top admiral, sparing the SEAL from the most serious punishment he still faced, a steep demotion that would have cost him hundreds of thousands of dollars in retirement pay.

a man and a woman in sunglasses standing in front of a car: Edward Gallagher walking into military court in July while he was a chief petty officer. On Tuesday he was demoted one rank, to special operator first class.© Sandy Huffaker/Getty Images Edward Gallagher walking into military court in July while he was a chief petty officer. On Tuesday he was demoted one rank, to special operator first class.

The unusual act of clemency comes in the case of Chief Petty Officer Edward Gallagher, who a year ago was facing a court-martial and the prospect of life in prison without parole. Navy prosecutors had accused him of shooting civilians in Iraq, killing a captive enemy fighter with a hunting knife, and threatening to kill fellow SEALs if they reported him, among other charges. Chief Gallagher was acquitted by a military jury in July of all the charges except one minor count: bringing discredit on the armed forces, by posing for a photo with the corpse of the captive he was accused of killing.

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A U.S. Navy SEAL platoon leader accused of war crimes in Iraq was acquitted by a military jury on Tuesday of The single offense of posing for unofficial pictures with a human casualty, in this case the remains of the But he could face other punishment , such as a demotion in rank and reduced pay.

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Adm. Mike Gilday, the Chief of Naval Operations, did not erase the conviction or relieve Chief Gallagher of all punishment, as the defense had asked. Instead, he limited the sentence to a demotion by one rank, to special operator first class, as the jury had recommended. The Navy said in a statement that the admiral “thoroughly reviewed the record of trial, along with the clemency request submitted by the defense,” before issuing the decision.

The case was closely watched by President Trump, who intervened several times on the special operator’s behalf and congratulated him on Twitter when he was acquitted of nearly all charges, saying, “Glad I could help!”

Special Operator Gallagher’s lawyers said they were disappointed that the Navy let the demotion stand, and said they will seek to have it reversed, though they declined to say how.

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War crimes were committed by the Empire of Japan in many Asia-Pacific countries during the period of Japanese imperialism, primarily during the Second Sino-Japanese War and World War II.

The court-martial of a highly decorated Navy SEAL platoon leader on war crimes charges has been thrown into turmoil by, of all things, a harmless-looking image of a bald eagle perched on the scales The Gallagher case in particular has been the subject of a steady stream of leaks in recent months.

“We beat all the serious charges at trial, despite the fact that Eddie’s case was contaminated by government misconduct from the get-go” said one of his lawyers, Marc Mukasey, who also represents Mr. Trump in some personal matters. “The photo charge should never even have reached a courtroom,” Mr. Mukasey said. “Stay tuned. This fight isn’t over.”

Timothy Parlatore, another lawyer for Special Operator Gallagher, said that his client wanted to retire as a chief, and that he would continue to push to have his rank restored, though not by appealing directly to Mr. Trump.

“If the president hears about this and decides to do something on his own, that’s something else, and he can do that,” Mr. Parlatore said.

Navy leaders initially intended to punish Special Operator Gallagher more harshly, including administrative sanctions as well as his sentence, Navy officials said. But the leaders came to believe that any adverse action would be reversed by Mr. Trump, perhaps derailing the careers of Naval officers in the process. After the court-martial verdict, Mr. Trump angrily ordered the Navy to strip commendations from the prosecutors in the case.

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Capital punishment is a legal penalty under the U.S. military criminal justice system . The United States Court of Appeals for the Armed Forces ruled in 1983 that the military death penalty was unconstitutional

Nature of crime . 120B of IPC. Being a party to a criminal conspiracy to commit a capital offence. (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to The Army Act, The Navy Act and The Air Force Act also provide for the execution of the death

In recent weeks, Special Operator Gallagher has appeared defiant in social media posts, including one where he called top Navy leaders “a bunch of morons.” Another recent post announced that he planned to leave the Navy and start a clothing line.

On Tuesday he posted a photo on Instagram showing him with the president’s embattled personal lawyer, Rudolph W. Giuliani, with the comment, “Had the honor to meet Rudy Giuliani in New York last night — Great man & thank you for all you do for our country.” Mr. Mukasey and Mr. Giuliani were formerly law partners.

Special Operator Gallagher was acquitted of the most serious charges, but his lone conviction still threatened to carry a heavy price when the jury sentenced him to 120 days’ confinement. Though he would not actually have to serve any of that time, because he had already been confined for longer — more than 200 days — as he awaited trial, such a sentence carries with it an automatic reduction in rank to seaman recruit, the lowest in the Navy. His lawyers said that retiring from the Navy at that rank could have cost him nearly $1 million in retirement pay, compared with what he would have expected to receive after retiring as a chief.

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The fourth type of punishment system was structured according to booty, loot, and spoil. When a case involving the death penalty is sent to the SPC for mandatory review, the case is delivered to one of the Capital punishment has widespread support in China, especially for violent crimes , and no

Crime and Punishment is a novel by the Russian author Fyodor Dostoevsky. It was first published in the literary journal The Russian Messenger in twelve monthly installments during 1866.

Under military law, the top officer overseeing the court-martial, known as the convening authority, can reduce a sentence imposed by a jury or overturn a conviction altogether in certain circumstances.

Special Operator Gallagher’s lawyers argued in letters to Navy leaders that the SEAL, a decorated veteran of multiple combat tours, deserved clemency because he had been held in confinement for so long before trial, had been denied a promotion and a Silver Star medal, and had seen his children taken out of their house by armed Navy investigators during a search.

They also argued that taking trophy photos with dead bodies is a relatively common practice in the military that, while illegal, is rarely prosecuted, and that the Navy had targeted the SEAL unfairly.

“Chief Gallagher faces a draconian punishment that does not fit the conduct,” Mr. Parlatore wrote in a request for clemency. “It will inflict unnecessary and irreparable harm on his wife, children, and the equity of the military justice system.”

The pleas for leniency were initially rebuffed over the summer by the convening authority in the case, Rear Adm. Bette Bolivar, the commander of Navy Region Southwest. In a letter to Mr. Parlatore, Admiral Bolivar said that she found Special Operator Gallagher’s behavior after his trial reprehensible, and that she had no intention of reducing his sentence.

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Capital punishment is a legal penalty in Japan. It is applied in practice only for murder, and executions are carried out by hanging. The death penalty is usually reserved for cases of multiple murders, though some single murderers have been executed in extraordinary cases like torture murder or

Criminal law. Capital punishment . A 2011 amendment to this law for the purpose of legal provisions improvement reduced the number of capital crimes by 19.1% and gave more lenient punishments to minors and the elderly (75 years old and above).[4].

Mr. Trump then called the Chief of Naval Operations at the time, Adm. John M. Richardson, to a White House meeting where Special Operator Gallagher’s case was discussed. Admiral Richardson took authority over the case from Admiral Bolivar a few days later; it passed to Admiral Gilday when Admiral Richardson retired in August.

Admiral Gilday’s decision to reduce Special Operator Gallagher by only one rank will still cost the SEAL nearly $200,000 in retirement pay, according to his lawyers’ estimate. And the SEAL could still face administrative punishment for other misconduct that the Navy investigated but did not include in the court-martial.

Military lawyers say that clemency is nearly always requested after a court-martial conviction, but it is rarely granted, and that having the top admiral in the Navy take over authority for a case is nearly unheard-of.

“In my 15 years of military law, I’ve never seen it,” said Patrick Korody, a former Navy prosecutor who has followed the Gallagher case. “But there is a feeling among military lawyers that the defense has just steamrolled everyone below, so giving it to the C.N.O. is the right decision. He has authority to do the proper thing.”

Despite the grim details of the case, Mr. Korody said, clemency for the SEAL, who led a platoon in combat in Iraq, was not unreasonable.

Maybe as a leader, Gallagher should have known better — we don’t want our service members taking pictures of corpses as if they are trophies,” Mr. Korody said. “But is that something we take someone’s retirement for? The convening authority should take into account his long record of service, and whether he has mental health issues from his deployments.”

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Capital punishment is a legal penalty in Iran. Crimes punishable by death include murder; rape; child molestation; sodomy; drug trafficking; armed robbery; kidnapping; terrorism; burglary; pedophilia

Capital punishment by country. Read in another language. Watch this page. Edit. The following is a summary of the use of capital punishment by country. Globally, of the 198 United Nations states, 56 countries retain capital punishment , 106 countries have completely abolished it de jure for all crimes

But Lauren Hanzel, a lawyer who represented one of the SEALs who testified in the trial about the killing of the captive, said convening authorities usually ignore those kinds of arguments, especially where there is evidence of other misconduct.

“What happened in this case is completely different than a normal case,” Ms. Hansen said. “This is completely political at this point. Everyone in the Navy knows the president is focused on this case, and if you don’t want to lose your job, you should do what the president wants, and he is on Gallagher’s side.”

Ms. Hanzel said the decision could deter other troops from reporting crimes they witness. “Who would want to come forward, only to be ruthlessly abused and see that nothing happens?” she said. “Who would trust the system?”

The case has been unusual from the start. Special Operator Gallagher was reported to authorities by his own men, who told investigators that they initially admired their platoon leader when they were deployed to Iraq in 2017 to help clear Islamic State fighters from the city of Mosul. But once on the ground, they said, he became fixated on killing. When a wounded Islamic State fighter was brought in, three SEALs told investigators, they saw their chief stab the fighter in the neck, killing him. Others in the platoon said they saw him shoot down a girl and an old man with a sniper rifle.

As the trial neared, the Navy prosecutors’ case began to fall apart. Most of the platoon refused to speak to investigators. The Gallagher family took to conservative TV and radio, accusing platoon members who did come forward of lying. The lead prosecutor was removed after emails with tracking software was sent to defense lawyers in an effort to trace leaks. And a star witness changed his story on the stand.

A jury made up almost entirely of ground troops with combat experience deliberated for a little more than eight hours before finding the chief not guilty of all but the single count involving the trophy photo.

The lightened punishment for Special Operator Gallagher could have broad repercussions for the Navy SEAL teams, which have been openly grappling with what the SEALs’ leader, Rear Adm. Collin Green, has called an “ethics problem.”

The SEALs who came forward about Special Operator Gallagher’s actions said Admiral Gilday’s decision was a disappointment. Two of them left the Navy as a result of their experiences on the deployment and during the court-martial. Others, fearful that Special Operator Gallagher’s many supporters would undermine their careers, are also thinking about leaving the military.

“These guys tried to do the right thing,” said one active-duty SEAL who asked that his name not be used because he feared retribution. “And when they did, they saw that some of their good friends wouldn’t stand up for them. I think they realized the so-called brotherhood wasn’t what they thought it would be.”

Pentagon leader appeals to Trump to allow military justice cases to proceed unfettered .
Trump has expressed interest in taking action on cases in which service members have faced war-crimes or other serious charges.Speaking to reporters at the Pentagon, Esper said he had a “robust discussion” with Trump on Tuesday about the cases of three current or former service members charged with war crimes or other wrongdoing. Earlier in the week, Fox News reported that the president was likely to issue pardons or take other actions to assist them.

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