I think the prosecutors acted in worse fashion than Gallagher. They tried to illegally prosecute him for the crimes he was charged -and acquitted- Which were all the major charges.
The moral hazard here is on prosecutorial misconduct - and getting away with it.
“The moral hazard here is on prosecutorial misconduct - and getting away with it.”
If they were proven wrong for what they did while investigating and trying to convict the other charges to include murdering the ISIS fighter, then they should be prosecuted themselves. But Gallagher was, no question, guilty of violating the Geneva Convention and should be sentenced for his crime. He is a senior NCO and has been briefed and schooled on that, and briefed and school his troops the same but he knowingly violated it.
Just because Trump pardoned him for the “sentence,” doesn’t relieve him of his crime of dereliction of duty. And the additional MEB, which is required, will probably force him out of the career field and possibly find him unfit for commanding which for a Navy Chief, especially the SEAL career field, is about as bad as it can go administratively. But they kept him out of prison as a favor to him. And he knows this as he simulated tossing his anchors as he was walking out of court and, if you can trust the news media, has already put in his retirement papers.
rwood