Gallagher was imprisoned, per Wikipedia. Crenshaw and Trump were concerned about his conditions.
“Gallagher was acquitted in July of charges that he murdered the ISIS fighter, as well as charges of witness intimidation and assault. He was convicted on one count of taking a photo with a terrorists corpse and was sentenced to four months’ confinement in addition to the monthly restitution payments. Gallagher ultimately served no jail time and was only required to pay the forfeiture for two months because he spent nearly nine months in pre-trial custody.”
Custody doesn’t just mean jail.
rwood