Prosecutorial misconduct in SEAL trial

[LittleLebowski]

https://www.militarytimes.com/news/your-navy/2019/06/01/ncis-witnesses-refuse-to-take-the-stand-in-seal-war-crimes-case-judge-mulls-dismissing-all-charges

This is horrible misconduct by the prosecutors. Pay attention. If this bothers you, you should be furious about the conduct of the DOJ, FBI, and CIA during and after the 2016 election. #MoreToCome (https://pistol-forum.com/usertag.php?do=list&action=hash&hash=MoreToCome)



The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.

Rugh chided investigators Friday for refusing to testify about who authorized the scheme to track emails sent to the defense team and a journalist with the Navy Times.

Three witnesses from the Naval Criminal Investigative Service declined to take the stand.

[CWM11B]

Looks like the wrong guy is being court martialed to me...

[Gearqueer]

Wow, I can only imagine if this was a civilian court how heads would roll. At the same time, I really don’t understand the dynamic of what was going on. I wonder if this was a ploy by intel while the prosecution was ignorant of it. I guess we’ll have to wait and see. I can see how the media can take things out of context to try and get rage-clicks, but I don’t like the quoted statements at their face value.

At the end of the article the prosecution was quoted to say that the defense team has no reasonable expectation of privacy as to who and when they email?!!


Sent from my iPhone using Tapatalk

[LittleLebowski]

Prosecutor removed.

https://taskandpurpose.com/judge-removes-prosecutor


Navy Judge Capt. Aaron Rugh has removed the lead prosecutor in the war crimes trial against Navy SEAL Chief Eddie Gallagher days after he said the government had violated Gallagher's right to a fair trial.

[Gray01]

https://www.militarytimes.com/news/your-navy/2019/06/01/ncis-witnesses-refuse-to-take-the-stand-in-seal-war-crimes-case-judge-mulls-dismissing-all-charges

This is horrible misconduct by the prosecutors. Pay attention. If this bothers you, you should be furious about the conduct of the DOJ, FBI, and CIA during and after the 2016 election. #MoreToCome (https://pistol-forum.com/usertag.php?do=list&action=hash&hash=MoreToCome)


I am sufficiently ignorant of UCMJ procedures whereby one can "refuse to testify" or "decline to take the stand". How does that work?

[JHC]

I understand the "bugs" were searching for the leaks to the media. IDK

Safe to say it didn't create the 7 SEALs accusing the accused of these crimes.

Unrelated Army SF reported Gallagher for killing a young girl by shooting through her to kill his target who was carrying her, during an AFG deployment years earlier. Investigation conclude no misconduct.

It's a trial that needs to play out.

[TheRoland]

I am in tech, not law, but these sort of embedded “who is reading my forwarded emails” pictures are everywhere. You have a ton of them in your inbox. I’m not outraged that the NCIS has learned how to use something that was invented in the last decade.

I think it’s interesting and to the credit of the defense that they were able to argue this was an ethical violation.

[TGS]

https://www.navytimes.com/news/your-navy/2020/03/02/ncis-took-corrective-action-against-agents-in-wake-of-seal-case/?fbclid=IwAR26RTE5qV3z6-JCh1kgiz014rQtf9rxStiR7V5tYib4wRqYpUnvJH4w1HA

Caveat emptor: It's Navy Times.

With that out of the way, apparently NCIS is dropping the ban-hammer on agents involved. 7 so far.

[KellyinAvon]

https://www.navytimes.com/news/your-navy/2020/03/02/ncis-took-corrective-action-against-agents-in-wake-of-seal-case/?fbclid=IwAR26RTE5qV3z6-JCh1kgiz014rQtf9rxStiR7V5tYib4wRqYpUnvJH4w1HA

Caveat emptor: It's Navy Times.

With that out of the way, apparently NCIS is dropping the ban-hammer on agents involved. 7 so far.

OK, what in the actual fuck is "administrative sanctions"? The high end of NJP or lose a tee-time at the golf course? Sounds like the UN Secretary General just unfriended Kim Jong un on Facebook.

Termed “accountability actions” by the Navy, they’ve led to two special agents being allowed to retire. Another agent was transferred to work outside the agency. Three received “administrative sanctions issued in writing.” Two others were reassigned within NCIS, although one of them was not issued sanctions and isn’t counted on the list of seven punished personnel.

These are some serious violations of Constitutional Rights here. Same shit happened at Spangdahlem, Germany 94-95.

But the spying wasn’t the only accusation of prosecutorial and police misconduct plaguing the case. They were accused of manipulating witness statements to NCIS agents; using immunity grants and a bogus “target letter” in a crude attempt to keep pro-Gallagher witnesses from testifying; illegally leaking documents to the media to taint the military jury pool; and then trying to cover it all up when they got caught.

[HCM]

I understand the "bugs" were searching for the leaks to the media. IDK

Safe to say it didn't create the 7 SEALs accusing the accused of these crimes.

Unrelated Army SF reported Gallagher for killing a young girl by shooting through her to kill his target who was carrying her, during an AFG deployment years earlier. Investigation conclude no misconduct.

It's a trial that needs to play out.

*Needed, as it's not gonna happen now. But I agree. Misconduct on the part of the prosecution does not equal Gallagher's innocence.

I believe the misconduct by the prosecution is not just their inherent acts, but letting a guilty man go free.

[HCM]

OK, what in the actual fuck is "administrative sanctions"? The high end of NJP or lose a tee-time at the golf course? Sounds like the UN Secretary General just unfriended Kim Jong un on Facebook.

Termed “accountability actions” by the Navy, they’ve led to two special agents being allowed to retire. Another agent was transferred to work outside the agency. Three received “administrative sanctions issued in writing.” Two others were reassigned within NCIS, although one of them was not issued sanctions and isn’t counted on the list of seven punished personnel.

These are some serious violations of Constitutional Rights here. Same shit happened at Spangdahlem, Germany 94-95.

But the spying wasn’t the only accusation of prosecutorial and police misconduct plaguing the case. They were accused of manipulating witness statements to NCIS agents; using immunity grants and a bogus “target letter” in a crude attempt to keep pro-Gallagher witnesses from testifying; illegally leaking documents to the media to taint the military jury pool; and then trying to cover it all up when they got caught.

NCIS agents are civilians. Administrative sanctions means Termination, retirement in lieu of termination, suspension, demotion, punitive re-assignment, etc. "administrative sanctions issued in writing" is likely letters of reprimand in their personnel files.

[KellyinAvon]

NCIS agents are civilians. Administrative sanctions means Termination, retirement in lieu of termination, suspension, demotion, punitive re-assignment, etc. "administrative sanctions issued in writing" is likely letters of reprimand in their personnel files.

NCIS are civvies? Never knew that. AFOSI are military. Civvies not subject to UCMJ (except for being in a combat zone...) but they are not above the law.

[TheNewbie]

NCIS are civvies? Never knew that. AFOSI are military. Civvies not subject to UCMJ (except for being in a combat zone...) but they are not above the law.

Aren’t some AFOSI civilians?

[wvincent]

Aren’t some AFOSI civilians?

Yes

[Le Français]

Aren’t some AFOSI civilians?

Yes, like Army CID and CGIS. The Navy doesn’t do things that way for some reason.

[wvincent]

No dog in this fight, and I don't know Gallagher.
But, a lot of people are equating the US Legal system to the UCMJ, and it ain't so.
It is a beast unto itself, and "Best Benefit to the Service" is a always a factor.

[HCM]

NCIS are civvies? Never knew that. AFOSI are military. Civvies not subject to UCMJ (except for being in a combat zone...) but they are not above the law.

Yes NCIS are all civilians. I think USMC has some CID investigators who are military but I'm not clear on their responsibilities vs NCIS.

Like Army CID, some AFOSI are military but most are also Civilians.

[TGS]

How bout before people all all righteous and shit they reel in their stupidity and get a clue first.

[KellyinAvon]

Yes NCIS are all civilians. I think USMC has some CID investigators who are military but I'm not clear on their responsibilities vs NCIS.

Like Army CID, some AFOSI are military but most are also Civilians.

At the Deid in 2005 the military OSI agents all wore cargo pants and vests. The civilian polygraph operator always wore DCUs. I thought that was funny.