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Lessons of the Gallagher Case
New York Sun ^ | November 29, 2019 | Seth Lipsky

Posted on 11/29/2019 8:01:33 AM PST by billorites

The latest hero of the Never Trumpers — the ex-secretary of the Navy, Richard V. Spencer — is out with an op-ed column on what he learned from getting fired. The answer, it appears, is not much. His column, which appears in the Washington Post, turns out to be an exercise in constitutional misconception, self-righteousness, whinging, bellyaching about his superiors, and tin-eared politicking.

Mr. Spencer, a Marine, was fired Sunday for misleading Secretary of Defense Esper over the case of Chief Petty Officer Eddie Gallagher. The Navy had accused Gallagher of murdering a war prisoner — and of more than a dozen serious crimes. It turns out, though, that Gallagher wasn’t guilty of murder. A court martial acquitted him of that and all other charges against him save for posing with a corpse.

One would think that all those acquittals would have given Mr. Spencer, as secretary of the Navy, at least some sense of humility. Yet it seems that the only one who gained an early sense that something was wrong with the case against Gallagher was the commander-in-chief. Mr. Trump twice got on the blower with Mr. Spencer to tell him to ease up on the pre-trial conditions in which the accused was being held.

Incredibly, Mr. Spencer boasts that he “pushed back.” He blames that on the presiding judge in the case, who felt it was important that Gallagher be harshly confined before the trial. Hard to see why that would be, given that Gallagher turned out to be not guilty. We wouldn’t suggest that a secretary should be a yes-man. Yet Mr. Spencer seems to be suggesting the president was “interfering.”

The idea that a president is “interfering” when he’s exercising a constitutionally granted power is one of the constitutional misconceptions under which Mr. Spencer seemed

(Excerpt) Read more at nysun.com ...


TOPICS: News/Current Events; US: District of Columbia; US: New York
KEYWORDS: districtofcolumbia; eddiegallagher; jeffbezos; newyork; newyorkcity; newyorksun; richardspencer; richardvspencer; sethlipsky; washingtoncompost; washingtonpost
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1 posted on 11/29/2019 8:01:33 AM PST by billorites
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To: billorites

Thanks for reminding me that there’s a New York Sun. Am I right that it leans conservative? I’ll check it out.

That Spencer felt so free to write his op-ed makes me think he’s comfortable that his views are consistent with his now-former peers. Obama stuffed military leadership with PC, bureaucratic, liberal bums with stars and stripes. There needs to be a few more who need to get religion. I wonder if any of the officers purged by Obama are available and willing to return. Is that even an option? I don’t know enough about the military to have a good sense of that.


2 posted on 11/29/2019 8:14:18 AM PST by be-baw
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To: billorites

Who was the sh*t that was the judge?


3 posted on 11/29/2019 8:22:06 AM PST by robowombat (Orthodox)
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To: be-baw

Conrad Black is a frequent contributor to the NY Sun.


4 posted on 11/29/2019 8:29:02 AM PST by billorites (freepo ergo sum)
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To: robowombat

IIRC, the problem was that the prosecution used lying, false witnesses to build their case. I don’t know if it he judge was part of the problem, or he just bought the prosecution’s case as presented.

What stank about this, is that once it was realized that he was innocent, it looks like the Navy felt they had to get him on something, hence the photograph charge.

Others, please jump in.


5 posted on 11/29/2019 8:30:49 AM PST by Pearls Before Swine
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To: billorites; All

From another article:

Defense lawyers say investigators treated Gallagher unfairly, including his arrest at a facility where he was being treated for a traumatic brain injury and a search of his home when two sons were forced to leave the house in their underwear at gunpoint.

Every day almost one sees something about our government that makes one wince.


6 posted on 11/29/2019 8:31:53 AM PST by robowombat (Orthodox)
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To: billorites

The biggest lesson was that when Obsma was caught weaponizing the IRS, assume he weaponized the military, CIA,FBI, NSA and every other government agency.


7 posted on 11/29/2019 8:36:36 AM PST by tired&retired (Blessings)
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To: Pearls Before Swine

The problem with the posing with a dead ISIS fighter is that Gallagher was in a group of people who posed with the corpse in the picture, yet Gallagher was the only one who faced disciplinary charges....

That does make it seem that he was being singled out and blamed for something even though he had served several months in prison leading up to the charge...


8 posted on 11/29/2019 8:39:32 AM PST by srmanuel
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To: billorites

Excellent editorial by Mr. Lipsky, he is precisely right about the CIC and Spencer.


9 posted on 11/29/2019 8:45:09 AM PST by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: robowombat

The problem is that Obama changed the rules of engagement in 2008 that they were more strict than most police departments in the USA.

This destroyed military moral to the point soldiers felt helpless to defend themselves. As prosecutions increased, the suicide rate in the military tripled under Obama.

Any military leader that did not kiss Obummer’s butt was passed over for promotion and pushed out.

Gallagher was a victim of Obummer butt kissers.


10 posted on 11/29/2019 8:45:20 AM PST by tired&retired (Blessings)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
The latest hero of the Never Trumpers — the ex-secretary of the Navy, Richard V. Spencer — is out with an op-ed column on what he learned from getting fired. The answer, it appears, is not much. His column, which appears in the Washington Post, turns out to be an exercise in constitutional misconception, self-righteousness, whinging, bellyaching about his superiors, and tin-eared politicking... Mr. Trump twice got on the blower with Mr. Spencer to tell him to ease up on the pre-trial conditions in which the accused was being held... Incredibly, Mr. Spencer boasts that he “pushed back.” ... Mr. Spencer seems to be suggesting the president was “interfering.” The idea that a president is “interfering” when he’s exercising a constitutionally granted power is one of the constitutional misconceptions...
IOW, the unfit-for-office insubordinate a-hole plans to run for office.

11 posted on 11/29/2019 8:46:28 AM PST by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: srmanuel

And a superior was also in the photo.


12 posted on 11/29/2019 8:52:41 AM PST by gcparent (Justice Brett Kavanaugh)
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To: tired&retired

Remember Allen West..

West was the officer in charge on August 2003 when soldiers under his command in Taji, Iraq, beat an Iraqi policeman they believed was hiding information about imminent attacks. Not getting the information he wanted, West took over the interrogation and, according to court reports, discharged his 9 mm pistol just above the policeman’s head. According to West, the Iraqi then spilled the beans about a planned ambush.

The policeman, Yehiya Kadoori Hamoodi, told The New York Times almost a year later that he had blurted out meaningless information to West out of fear and pain. But West has said that after the confession, no further attacks were made against his battalion until the time he was relieved of duty two months later.

West was charged with assault and violating the Uniform Code of Military Justice. The military decided not to court-martial him, which would have meant years in prison and a dishonorable discharge if convicted. Instead, he was given an administrative Article 32 hearing and fined $5,000 for misconduct and assault.

An outpouring of support — the conservative blogosphere characterized West as a victim of a flawed system — and a letter signed by 95 members of Congress to the secretary of the Army may have helped West avoid more serious punishment.

Having been relieved of his command, West decided to retire from the military in 2004 after a 22-year-career. His pension and benefits intact, he moved his young family from Texas to Florida.

West said in a recent interview that he is unapologetic about his actions — he has often said he would walk through “hell with a gasoline can” to protect his troops.


13 posted on 11/29/2019 8:53:11 AM PST by tired&retired (Blessings)
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To: billorites

Tell me why Spencer was ever appointed secretary of navy. Just because he served 5 years? Many patriotic freepers are more qualified.


14 posted on 11/29/2019 8:56:05 AM PST by gcparent (Justice Brett Kavanaugh)
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To: billorites

This retired Army Officer offers this free advice to my brethren still on active duty: If the President sends his wishes via pony express, carrier pigeon, telegraph, twitter or telephone, pay attention and make it happen. Failure to do so or deliberately working to block out the President is a quick way to hit the exits. Very quick with this President, thank God.


15 posted on 11/29/2019 8:57:07 AM PST by Midwesterner53
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To: be-baw

THE SUN SHINES.


16 posted on 11/29/2019 8:58:40 AM PST by chopperk (ms)
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To: be-baw

THE SUN SHINES.


17 posted on 11/29/2019 8:59:02 AM PST by chopperk (ms)
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To: be-baw

THE SUN SHINES.


18 posted on 11/29/2019 8:59:02 AM PST by chopperk (ms)
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To: gcparent

Mr. Spencer forgot who is the boss.


19 posted on 11/29/2019 9:00:07 AM PST by chopperk (ms)
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To: tired&retired

LTC West would have made a great Sec Def or Sec of the Army for Trump. Too bad it hasn’t happened.


20 posted on 11/29/2019 9:00:17 AM PST by Midwesterner53
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