When the prosecution malevolently and willfully disregards the rights of the defendant, the charges under the United States civil code and the UCMJ are to be dismissed - in this case, with prejudice (IMO). Gallagher was prosecuted for murder, whereas a colleague of his admitted on the stand to killing the illegal combatant during the trial. Because Gallagher did not murder the illegal combatant, the navy brass was going to further prosecute Gallagher out of embarrassment.
I cannot think of a single warfighter I know (including myself) that thinks the second-tier of prosecution and punishment is justice.
‘.....the navy brass was going to further prosecute Gallagher out of embarrassment.’
That possibility is there. But if he hadn’t had a picture of himself like he did, there would be no charges at all. But this charge had nothing to do with the others and he made it easy to understand by supplying it so the gaining prosecutors had a solid case. And he admitted he was wrong and had embarrassed the Navy and the SEALs by staging the picture.
rwood