USA TODAY International Edition
Opposing view: A presidential pardon is fully warranted
As commander in chief, President Donald Trump’s constitutional authority includes ensuring that America’s warfighters receive a fair legal process when accused of crimes.
Accordingly, when prosecutorial conduct becomes so corrupt that this is not possible, the President has every right to act. This is the situation involving decorated Navy SEAL Special Operations Chief Eddie Gallagher.
His case is as follows: After an Islamic State location was bombed, Gallagher and other SEALs shielded one surviving ISIS fighter. The Navy alleges that Gallagher, after taking the time to medically stabilize him, proceeded to murder the same terrorist we were trying to kill an hour earlier in front of several witnesses and on video.
The Navy arrested and charged Gallagher, while confining him with sexual offenders and restricting access to his attorney, family and critical medical treatments for seven months. The Navy proceeded to prosecute their case in the court of public opinion. According to Gallagher’s defense lawyer, Tim Parlatore, the Navy violated court orders by leaking misleading details, misled members of Congress regarding the existence of video evidence implicating Gallagher, prolonged providing exculpatory evidence to the defense, trumped up charges for the SEALs who defended Gallagher’s innocence, and embedded hidden tracking software into emails sent to Gallagher’s defense attorneys and the media.
Any of these actions in a civilian court would be grounds for sanctions against the prosecution and dismissal of charges. Unfortunately, Gallagher now joins Green Beret Matt Golsteyn, Navy SEAL Keith Barry and Army Lt. Clint Lorance as glaring examples of what happens when military prosecutors become more obsessed with career advancement and sensational headlines than executing the rule of law.
Due to the Navy’s misconduct, Gallagher cannot expect to receive even a semblance of a fair trial. A pardon by Trump is fully warranted.
Republican Duncan Hunter, a Marine combat veteran, represents the 50th Congressional District of California.