“We shouldn’t let him take a court-martial conviction - which a lot of people take as a felony - that could affect his rights that come along with a criminal record.” “None of (the other SEALs) are being charged,” Parlatore said. Parlatore pointed out that many other members of Gallagher’s platoon posed for photos with the same dead body and were not charged. The only reason that conviction was brought at a court-martial was because it was attached to other charges he was found not guilty of.”
“They found him guilty on a single offense that, standing on its own, would normally be handled as a (non-judicial punishment) or a reprimand. “It’s not so much that I want the verdict thrown out,” Parlatore said. Parlatore is hopeful Bolivar will exercise that discretion with Gallagher. Convening authorities have broad powers over the disposition of courts-martial, and can alter or dismiss charges and related sentencing at their discretion. While court-martials in the military are prosecuted and adjudicated by JAGs, they are conducted at the order of a “convening authority,” usually an admiral. JAGs, or judge advocate generals, are the military’s lawyers. “She’s going to listen to her JAG’s counsel, and she’ll listen to the defense’s request and then she’ll act,” O’Rourke said.
Under the military justice system, Bolivar - who had authority over Gallagher’s court-martial - has 120 days from sentencing to either approve the jury’s sentence or alter all or part of it.īrian O’Rourke, Bolivar’s spokesman, said he doesn’t expect a decision to take that long.
Gallagher’s fate is up to the commander of Navy Region Southwest, Rear Adm. Navy secretary fired over handling of Navy SEAL Eddie Gallagher
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