A US Navy Seal platoon commander acquitted of murdering a captured Islamic State fighter but convicted of unlawfully posing for photographs with the dead body was sentenced on Wednesday to a reduced rank and pay.
The penalty imposed by a seven-member jury of US Marines and Navy personnel spared the defendant, Special Operations Chief Edward Gallagher, from any prison time beyond the nearly seven months he had already served in pre-trial custody.
The same jury found Mr Gallagher not guilty on Tuesday of murder, attempted murder and other charges, including deliberately shooting at unarmed civilians and obstruction of justice. But he was found guilty of posing for unofficial pictures with a human casualty.
Congratulations to Navy Seal Eddie Gallagher, his wonderful wife Andrea, and his entire family. You have been through much together. Glad I could help!
— Donald J. Trump (@realDonaldTrump) July 3, 2019
That offence, stemming from photographs he and fellow Seal members took with the corpse of the Iraqi prisoner whom Mr Gallagher was acquitted of slaying, carries a maximum sentence of four months’ imprisonment.
Instead, he will receive a one-step demotion in his rank from chief petty officer to petty officer first class, presumably accompanied by a corresponding reduction in his pay. The sentence also carries a two-month forfeiture of his salary, a sum of nearly $5,400 (€4,800).
Still, the outcome of the court-martial, capped by a three-week trial on various war crimes charges, marked a significant legal victory for 40-year-old Mr Gallagher who would have faced a possible life sentence had he been found guilty of murder or attempted murder.
US president Donald Trump, who intervened months ago to order Mr Gallagher freed from pre-trial detention, hailed the platoon leader on his acquittal in a Twitter post hours before sentencing.
“Congratulations to Navy Seal Eddie Gallagher, his wonderful wife Andrea, and his entire family. You have been through much together. Glad I could help!” wrote Mr Trump.
Prosecutorial misconduct
Mr Gallagher, who was arrested last year, was moved in March from a military brig to less restrictive confinement at a Navy base at Trump’s direction in recognition of what the president called the platoon leader’s “past service to our country.”
The court-martial judge later released Mr Gallagher altogether, citing pre-trial prosecutorial misconduct.
Mr Trump said in May he was considering pardons for several US military personnel accused of war crimes and Mr Gallagher’s case was widely believed to be one of those under review.
Mr Gallagher is a decorated career combat veteran and has been in the military 19 years. He is one year away from retirement.
Before pronouncing sentence, the jury heard from two doctors specialising in brain injuries. They said Mr Gallagher suffered repeated concussions during his combat career, putting him at high risk of brain degeneration and visual impairments that will require ongoing medical attention.
Mr Gallagher, who did not testify in his own defence, insisted his accusers were disgruntled subordinates with no prior battlefield experience and had fabricated allegations against him over grievances with his leadership style and tactics.
The chief petty officer was arrested in 2018, more than a year after returning from his eighth overseas deployment in Mosul, in northern Iraq. – Reuters