Posted on Nov 22, 2019
SN Donald Hoffman
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I find it disturbing that a service member convicted of murder can be acquitted bay a president. It violates the UCMJ. Am I wrong?
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Capt Gregory Prickett
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Yes, you are wrong. The Constitution gives the President the pardon power, and only limits it when it involves impeachment.

"The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." US Const., art. II, § 2, cl. 1.

Also, those pardoned are not acquitted. A pardon carries with it a connotation of guilt.
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Sgt Ivan Boatwright
Sgt Ivan Boatwright
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This has been done throughout our history because as I see it It embarrasses the government and military when something brings dishonor that can not be covered up or lied about. A pardon wipes away what we understand to be the truth in a myriad of lies.
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SFC Retention Operations Nco
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He wasn't convicted of murder, he was convicted of posing with a corpse. It also doesn't violate the UCMJ, as the President is the Commander in Chief, the UCMJ supports his right to overrule subordinate Commanders. Other Commanders have overruled their subordinate Commanders numerous times before, and will continue to be authorized to if they feel the subordinate commander judged incorrectly. A semi recent example was an Air Force who commander who overturned a sexual assault conviction.
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Capt Gregory Prickett
Capt Gregory Prickett
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One of the three was convicted of posing with a corpse. The other two were convicted of murder.
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SFC Retention Operations Nco
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Capt Gregory Prickett good point, I thought he was talking about Gallagher since that's what everyone on here has been talking about all week.
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Sgt Ivan Boatwright
Sgt Ivan Boatwright
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It is possible I misunderstood one point, he did murder one or two young girls but he charges were reduced to the picture.
Another scout Sargent from D-2_12 was pulled from the field in late 65 or early 66. I am quoting second hand but the story told to me was that he cracked up and was calling missions on anything that moved. Humans, animals, etc were fair game.
Another friend, ( I personally talked to him) I had gone through boot camp with left just as I decided to extend and he helped me decide to extend. He was broken, picking up a puppy by the leg to listen to it cry. I watch and listened as he squatted down in his skivvy shorts with the stare that tells you he is lost in another place. Among his stories he told me was the one where his unit had been attacked. He looked up to see a woman with a Thompson submachine gun aimed at him. He froze because she was a woman. Her gun jammed, he fired killing her with his M-14. Anyone can crack up at any time. It could be Gallagher had seen and done too much.
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CSM Thomas Ray
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I find that the pardons were justified. As anyone that is in combat will tell you, if you have to second guess whether to shoot or not, most of the time it is too late. As to posing with deceased enemy, or even urinating on them, it is not right, but I question the members taking this to the press. It used to be unit integrity, but in the days of social media, it seems everyone wants to get their 15 minutes of fame at the expense of their team.
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CSM Thomas Ray
CSM Thomas Ray
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Capt Gregory Prickett - Not sure if you have ever served in combat, meaning up close and personal not just in combat zone, but things happen in the heat of battle that are probably not going to be viewed as right. The suspected bomber had been identified previously. Gallagher was posed with a dead combatant, something that has been done common place in previous wars, (not saying it is right). The two named Afghans were trying to escape on a motorcycle and yes the platoon testified they were unarmed.
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Capt Gregory Prickett
Capt Gregory Prickett
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CSM Thomas Ray - I have not been in combat, I was lucky and did 20 years without being deployed to the single large combat event during my service (Gulf I). And, while I understand that it is very different, I have been shot at while I was a police officer in the projects of a major US city. While I am not comparing that in any way to the stress of a combat zone, I do know what it means to be shot at.

In Lorance's case, there was testimony that the Afghanis did not have a way to approach the platoon and that the order to shoot violated the ROE. In addition, his own soldiers stated that Lorance was ignorant, overzealous and out of control. He apparently had been tormenting the locals and issuing death threats, and the platoon members actually thought that he was the main risk, not the three Afghanis. As another factor, the three approached and spoke with the Afghani Army checkpoint, and were following their instructions to leave the area when Lorance ordered an M240 MG to engage.

It doesn't matter in any event, Trump has the absolute authority to pardon all three, even if others believe it is unwise.
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CSM Thomas Ray
CSM Thomas Ray
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Capt Gregory Prickett - This is per witness account that was watching from a bird in the sky: “I saw three fighting-aged males shadowing the American patrol at a distance of about 300 meters,” Huber wrote in Lorance’s new court petition that will be presented to the civilian court. “In my experience, they had every indication of Taliban or insurgent fighters because they were armed with AK-47 assault rifles and using ICOM radios while moving along the back wall of the village toward the American position.” they disposed of their weapons before coming under fire.
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Capt Gregory Prickett
Capt Gregory Prickett
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CSM Thomas Ray - none of which is admissible unless Lorance knew it at the time that he gave the order, which he did not. He's lucky that he got a pardon, because habeas petitions in federal are almost uniformly denied.
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