Posted on Nov 20, 2019
Should President Trump provide credibility back to UCMJ by charging to start with: Admiral Green, Adm Gilday, Secretary Spencer?
71.9K
2.7K
1.09K
389
389
0
Responses: 188
SSG William J
MSG Stan Hutchison I wonder if you have the same opinion on the "draft dodger" matter now that Biden is President? Or if you think he has the right to make military decisions where Trump did not?
(1)
(0)
MSgt Brian Williams
So no POTUS has served since Bush II and he did his doing the hazardous CAPs over Corpus. So let's drop the pretense that service in the military is a requirement to be the POTUS. As a person who isn't familiar with the military or justice, t***p should have let military justice do what it has done for 2 centuries before him.
(1)
(0)
SSG Bill McCoy
So, by that logic, Biden needs ot recuse himself from any military decisions regarding justice or the UCMJ.
(1)
(0)
No sympathy here...he is a SNCO and he knew better than to do what he did. In any other career field say for example aviation....you screw up in it you get your wings yanked and are no longer a pilot. No difference here. Leadership knows better the day to day workings of their units...not the President and he should have trusted his Captains and Admirals to make the right calls. IMHO.
Maj Marty Hogan Lt Col Charlie Brown 1stSgt Glenn Brackin
Cpl Craig Morton SGT David A. 'Cowboy' Groth COL Mikel J. Burroughs
LTC Stephen C. CPL Dave Hoover PO3 Bob McCord
Lt Col John (Jack) Christensen Sgt Wayne Wood PVT James Strait
SFC Jack Champion MSgt David Hoffman MSgt Stephen Council
SGT Elizabeth Scheck PO1 H Gene Lawrence 1SG Steven Imerman SGT Steve McFarland SSgt Terry P.
Maj Marty Hogan Lt Col Charlie Brown 1stSgt Glenn Brackin
Cpl Craig Morton SGT David A. 'Cowboy' Groth COL Mikel J. Burroughs
LTC Stephen C. CPL Dave Hoover PO3 Bob McCord
Lt Col John (Jack) Christensen Sgt Wayne Wood PVT James Strait
SFC Jack Champion MSgt David Hoffman MSgt Stephen Council
SGT Elizabeth Scheck PO1 H Gene Lawrence 1SG Steven Imerman SGT Steve McFarland SSgt Terry P.
(142)
(0)
CDR Brian Erickson
So I guess it was ok for the prosecutor to tap into Chief Gallagher's communications with his attorney? That O-5 should be facing discipline too if that's how you want to play it.
(5)
(0)
CW4 John Beebe, BS, DML
I have to disagree with PO1 Hammond.
I will give one example very close to this situation. If (and it happened several times while I supported the SF Community) a Special Forces NCO did very poorly and was removed from their ranks, the "Long Tab" was removed and their qualification SQI (Special Skill Identifier) in this case their whole MOS was removed. They were no longer and 18CMF soldier. They had to find a job to reclassify into. LTC Shuttleworth is correct as it isn't a matter of failing to be qualified, but rather going against the entire code of ethics, operations, standards that surround that entire community. POINT!!!
I will give one example very close to this situation. If (and it happened several times while I supported the SF Community) a Special Forces NCO did very poorly and was removed from their ranks, the "Long Tab" was removed and their qualification SQI (Special Skill Identifier) in this case their whole MOS was removed. They were no longer and 18CMF soldier. They had to find a job to reclassify into. LTC Shuttleworth is correct as it isn't a matter of failing to be qualified, but rather going against the entire code of ethics, operations, standards that surround that entire community. POINT!!!
(2)
(0)
Yet another inaccurate headline. He was not CLEARED by Trump, he was tried and found guilty. His rank was restored by Trump, but (at least as far as I can tell) Trump never reversed the conviction.
And no, Trump cannot provide credibility to UCMJ by chardging Commanders who were themseleves EXERCISING THEIR AUTHORITY under UCMJ. He would only FURTHER undermine UCMJ, which has already started by his undue influence and reversal of demotion, amongst other things.
And no, Trump cannot provide credibility to UCMJ by chardging Commanders who were themseleves EXERCISING THEIR AUTHORITY under UCMJ. He would only FURTHER undermine UCMJ, which has already started by his undue influence and reversal of demotion, amongst other things.
(120)
(0)
SFC Casey O'Mally
PO3 Theresa Dixon I read the articles. As I said, irrelevant facts, conjecture, and assumptions.
I also asked you to please stop. I am doing so again.
I also asked you to please stop. I am doing so again.
(1)
(0)
PO3 Theresa Dixon
Both people trying to call me a liar are UNVERIFIED, claiming military service. Interesting.
(0)
(0)
CMSgt Marshall Ray
What kind of oanty ass unit do you serve in that the commander doesn't know whats going on? certainly not a first call operation
(0)
(0)
As the President and Commander in Chief he has the Authority of override any verdict set down by subordinate commanders and military courts.
President Obama pardoned multiple persons convicted of treason against the United States, and I don’t remember anyone resigning over that.
It’s clear, As an officer if you can’t follow the orders of the president resign, and don’t try to use the lame excuse “I’m trying to effect change from with in”. Just get out.
As for this SEAL, I personally wouldn’t have restored his rank but no one asked me.
I support my President like the oath of service states.
So let him go off into the world and live his life with full honors.
President Obama pardoned multiple persons convicted of treason against the United States, and I don’t remember anyone resigning over that.
It’s clear, As an officer if you can’t follow the orders of the president resign, and don’t try to use the lame excuse “I’m trying to effect change from with in”. Just get out.
As for this SEAL, I personally wouldn’t have restored his rank but no one asked me.
I support my President like the oath of service states.
So let him go off into the world and live his life with full honors.
(59)
(0)
SPC Will Thorson
Who exactly did he pardon that was convicted of treason? If you are talking about our favorite manning? He/she wasn't pardoned. Its time in prison ended.
(0)
(0)
SFC Casey O'Mally
SGT Kenneth Stelly I assume I am one of the folks you are ranting about, since you referenced my post regarding restoring credibility and exercising authority. Which, BTW, was what OP was asking about.
Nowhere did I say POTUS CANNOT do this. Nowhere did I say I wouldn't follow orders, or encourage others not to.
But my oath of enlistment nowhere requires me to blindly agree with my Commander's decisions. I had to obey orders, yes (I am retired, so not so much anymore). But I am not now - nor was I ever - required to AGREE with orders. And as a retired servicemember, I have the right not only to an opinion, but also to EXPRESS that opinion.
Yes, Trump can absolutely do what he did regarding CPO Gallagher's rank (and subsequently, his Trident). Yes, he CAN fire SecNav and the Admirals (following specific procedures to do so, on which I am not an expert and do not profess to know or expound upon). I am expressing my opinion on whether he SHOULD... Which is what the question of OP asked.
And if you seriously think you restore credibility to UCMJ by charging a subordinate when they use it CORRECTLY and COMPLETELY within the scope of their authority and their mandate, then I think you need to go figure out what the word "credibility" means. That's like saying you restore credibility to AR 600-20 by firing a subordinate Commander who follows your orders and completes the mission - but does it in a way you had not thought of.
Nowhere did I say POTUS CANNOT do this. Nowhere did I say I wouldn't follow orders, or encourage others not to.
But my oath of enlistment nowhere requires me to blindly agree with my Commander's decisions. I had to obey orders, yes (I am retired, so not so much anymore). But I am not now - nor was I ever - required to AGREE with orders. And as a retired servicemember, I have the right not only to an opinion, but also to EXPRESS that opinion.
Yes, Trump can absolutely do what he did regarding CPO Gallagher's rank (and subsequently, his Trident). Yes, he CAN fire SecNav and the Admirals (following specific procedures to do so, on which I am not an expert and do not profess to know or expound upon). I am expressing my opinion on whether he SHOULD... Which is what the question of OP asked.
And if you seriously think you restore credibility to UCMJ by charging a subordinate when they use it CORRECTLY and COMPLETELY within the scope of their authority and their mandate, then I think you need to go figure out what the word "credibility" means. That's like saying you restore credibility to AR 600-20 by firing a subordinate Commander who follows your orders and completes the mission - but does it in a way you had not thought of.
(0)
(0)
SGM Darrel Shanks
ISFC Casey O'Mally I read your ramblings with great interest, and thought.
This story is of no more consequence to anyone reading this page as the facts you assert have been largely disproven (Prosecutorial Misconduct).
If you don’t want to agree with the President that’s certainly your purgative, but you don’t get to your own facts.
The commander failed to follow the orders of his commander causing his removal nothing more, nothing less.
Officer, or Enlisted just do your job, or get out.
This story is of no more consequence to anyone reading this page as the facts you assert have been largely disproven (Prosecutorial Misconduct).
If you don’t want to agree with the President that’s certainly your purgative, but you don’t get to your own facts.
The commander failed to follow the orders of his commander causing his removal nothing more, nothing less.
Officer, or Enlisted just do your job, or get out.
(0)
(0)
SFC Casey O'Mally
SGM Darrel Shanks What order did any of the three mentioned fail to follow? From what I understand, CPO Gallagher was tried, convicted, reduced, restored. Then the service started the process to remove his trident which POTUS halted, and the story ended. So what orders were disobeyed - other than by CPO Gallagher who gets off scott free ( I mean if you really want to discuss consequences of not following orders...).
I did not assert prosecutorial misconduct, I was responding to someone else who did.
As a matter of fact, I do not believe I asserted ANY facts throughout this discussion on any of my posts (I could be wrong, and I don't feel like reviweing them all to check). I have offered many opinions clearly labeled as such.
I did not assert prosecutorial misconduct, I was responding to someone else who did.
As a matter of fact, I do not believe I asserted ANY facts throughout this discussion on any of my posts (I could be wrong, and I don't feel like reviweing them all to check). I have offered many opinions clearly labeled as such.
(0)
(0)
Attempted Murder; Premeditated Murder; Aggravated Assault with a Dangerous Weapon x2 on non-combatants; Firearm, discharging-willfully, under such circumstances as to endanger human life at non-combatants; Obstructing Justice (three counts); Wrongfully pose for an unofficial picture with a human casualty; Wrongfully complete reenlistment ceremony next to a human casualty; Wrongfully Operate a drone over a human casualty; Wrongful Use of a Controlled Substance – Tramadol Hydrochloride; and Unlawful Possession of a Controlled Substance – Sustanon-250.
Those were the charges brought against Chief Gallagher. By a jury of his peers, he was found Not Guilty on all charges except for the posing with a dead body charge. Where is the dereliction of duty? Where is the Insubordination? What is your basis for needing to receive maximum rank reduction and a DD? The period of UCMJ is done. He is not going to be facing these charges again.
Those were the charges brought against Chief Gallagher. By a jury of his peers, he was found Not Guilty on all charges except for the posing with a dead body charge. Where is the dereliction of duty? Where is the Insubordination? What is your basis for needing to receive maximum rank reduction and a DD? The period of UCMJ is done. He is not going to be facing these charges again.
(46)
(0)
SPC John Canning
MSG (Anonymous) - Because I question the competence of this Admiral based on what appears to me to be very poor Leadership skills, Y cause timing matters and quite frankly if you think just cause your a senior NCO that I shouldn't question what is a very poor optic. Especially when I question how Senior Military Leaders have been behaving and representing themselves with this President, and the last one too.
As you hide anonymously the galant courage it takes.
As you hide anonymously the galant courage it takes.
(1)
(0)
(0)
(0)
SFC James Welch
He was judged properly and found not guilty of the important ones. The one he was guilty of was a stupid act but one several people did in Vietnam. It did not deserve more than a kick in the butt for a dumb ass act, not a sentence like they gave him. That smacks of personal feelings being involved.
(2)
(0)
SFC James Welch
MSG (Join to see) You can’t fault them for policing their own however, those things always have ulterior motives!
(1)
(0)
A bit extreme, but agree with your point. They need to review the authority of the CINC and UCMJ. Both, as career military and leader in public service, I understood my role as an advisor to my seniors and decision maker after listening to my subordinates.
(36)
(0)
WO1 Craig L Wirth
Get over yourself... do your job and shut up. The Commander in Chief is doing his job and he's doing it very well. (Without your help I might add)
(4)
(0)
MCPO Roger Collins
WO1 Craig L Wirth When I read your post, either you misunderstood my post supporting the CINC or just looking for an argument.
(2)
(0)
WO1 Craig L Wirth
MCPO Roger Collins... Thanks for clarifying your comments. I definitely wasn't looking for an argument but I sure as hell wouldn't run away from one when necessary. My apologies if I misunderstood you.
(2)
(0)
(0)
(0)
I’m having a real difficult time withe a couple of things going on right now including this discussion. Regarding this discussion, the tone being taken by military members here seems to be running close to the boarder of disobeying our oath to obeying the order of those appointed over us. As much as a PV1 has a lawful duty to obey the lawful orders of his/her squad leader, General Officers and Flag Officers have a duty and have sworn an oath to obey the orders of the civilian elected CiC of the armed forces. If the orders given are unlawful than there is a duty to disobey the orders given but there are also consequences to that action. If I cannot follow orders given, I bare the responsibility to leave the military and oppose the CiC in the political arena as my conscience dictates. We do not have the option of publicly opposing the orders of our Platoon SGT or Company Commander any more than we can oppose orders given by the CiC. “Oh, he never served so, he has no understanding about deploying to a war zone. Therefore, I will not deploy and, I’ll make a public statement about it”. That seems to be willful and contemptuous disobedience to orders. Simply because someone achieves a higher rank does not allow them to show contemptuous disregard for the orders of the CiC. And when we use our rank in discussing these matters, we need to keep an awareness to that particular requirement. I did not like, nor respect, Pres Clinton under any condition but, I would never, ever state that in public to anyone while he was in office and while using my rank or being in uniform. Trying to take any further action either through UCMJ or administrative action towards any service member involved in this matter appears to be in direct contradiction of the orders of the CiC. Simply said, while using my rank, this is not a matter of my public disagreement, no matter how I might feel. We follow the orders of the CiC or we get out. We have no absolute right to serve in the military. If I loose my physical health, I can be eliminated no matter what civilians think or what standard they try to apply. The President of the United States, the CiC, has made his wishes known and has so issued an orders to that affect. Follow orders or get out and run for political office or join the 4th estate (the press corps).
(25)
(0)
SFC Freddie Porter
MAJ Byron Oyler - so what happens should there be a conflict between the orders of the President and the orders of an officer appointed over an enlisted member? Which way does the enlisted member go? Based on the difference in oaths, officers have no sworn duty to obey the President when he gives a direct order. I’m asking in light of the President’s constitutionally directed role as the Commander of the Army and Navy of the United States and of the Militia of the several states... (Article 2, Section 2, Constitution of the U.S.). It is my understanding that we all have a legal obligation to obey orders given by our commanders. Do we ignore our oath to obey the President and carry out the orders of local CPT, company commander of our unit?
(0)
(0)
SFC Jerald Bottcher
That is easy, The President almost never "gives direct orders". He generally sets policies and direction to his service chiefs. Your chain of command gives orders, publishes regulations and the like. You follow the last order given you by your chain of command and ignore everything else - especially rumors and innuendo
(0)
(0)
1SG Ernest Stull
MAJ Byron Oyler - So who do Officers swear an oath to? if not the CIC and the constitution of the US.
(0)
(0)
Most points are dodging what's really going on. The President took and action to restore rank. That's it. No other restrictions apply. Whether this reprieve happened or not, Admiral Green is in a lose-lose situation. What do you do with this guy? He'll be toxic wherever he goes in the Seal community. Most times, there's a quiet retirement and life goes on for everybody. Apparently the Chief isn't going quietly soon enough. So there are the administrative options. Best business option is to slide him far away and let him be backwatered (Keflavik). To do that, make him ineligible for your billets. You make him ineligible by pulling his warfare qualifications. You can do that anytime for "loss of confidence". Better yet, if you have a process where the dirty deed is spread amongst, gasp, his peers; The Tribe Has Spoken.
The Chief's lawyers are doing their due diligence by trying to frame this stuff as going against the President because they want that hammer to be applied. It doesn't go against the President, but the optics aren't great. The MIL side is framing it as legitimate actions for the good of the force. This stuff isn't done in a vacuum. I'd suspect the CoC through SECDEF is in lock step and the President has been briefed. My take is the President has pulled about all the political capital out of this one and should leave this bone alone. Business people understand toxic situations in the HR world.
BTW, the Chief will never get promoted, nor allowed to reenlist. I don't know what the remaining clock is, but it'd be interesting to see the numbers run on leaving now with an early bump vs. hanging around. Regardless, there's a pile to be made on the outside for the Chief. His value will decline with time. An agent will tell him to strike while the iron is hot.
The Chief's lawyers are doing their due diligence by trying to frame this stuff as going against the President because they want that hammer to be applied. It doesn't go against the President, but the optics aren't great. The MIL side is framing it as legitimate actions for the good of the force. This stuff isn't done in a vacuum. I'd suspect the CoC through SECDEF is in lock step and the President has been briefed. My take is the President has pulled about all the political capital out of this one and should leave this bone alone. Business people understand toxic situations in the HR world.
BTW, the Chief will never get promoted, nor allowed to reenlist. I don't know what the remaining clock is, but it'd be interesting to see the numbers run on leaving now with an early bump vs. hanging around. Regardless, there's a pile to be made on the outside for the Chief. His value will decline with time. An agent will tell him to strike while the iron is hot.
(25)
(0)
SPC John Canning
CAPT Kevin B. - On the same note of "sending a message to the force" is that not the same thing I am recommending the President do to Senior Military personnel whom seem to forgotten their military bearing?
(3)
(0)
CMSgt Robert Stewart
CAPT, fully agree. There were many ways to have handled this and the Navy chose one that invited the POTUS' attention. An Article 15 would have achieved many of the same things they were seeking to achieve, and he could have been reduced and discharged with a General Under Honorable Conditions, without the fanfare. The demotion would have been to the last grade honorably held, E-6. It would have been harder for the POTUS to upend that demotion, because of the discharge type. Member could have retired with that discharge.
This President absolutely loves the Special Operators, SEALS especially. Knowing that, I would have expected the JAG and Chain of Command to be smarter in how they handled and messaged this.
This individual was not honorable in his service on that deployment, that is proved by his legal problems and the belief by his peers that he should be removed from the SEAL program, due to the dishonor he brought to the SEALS.
The President has options available to him, but when this hit the news as a Courts Martial, well...that invited him in.
This President absolutely loves the Special Operators, SEALS especially. Knowing that, I would have expected the JAG and Chain of Command to be smarter in how they handled and messaged this.
This individual was not honorable in his service on that deployment, that is proved by his legal problems and the belief by his peers that he should be removed from the SEAL program, due to the dishonor he brought to the SEALS.
The President has options available to him, but when this hit the news as a Courts Martial, well...that invited him in.
(0)
(0)
Another attempt to thwart the intent of the President of the United States. This attempt is petty and unworthy of a flag officer.
(19)
(0)
SFC Freddie Porter
Col Smith. Thank you for your voice of reason. I noticed a transition in attitudes in 09 among the D.C. crowd where they put themselves above the elected officials of the nation. It disgusted and discouraged me at the time and I’ve since left that environment. It appears through the comments and actions of senior personnel in the military that the attitude I mentioned has now bled over to the inside the beltway military force and that scares the hell out of me. But than again, as alluded to in another post, in was necessary for Truman to fire MacArthur because of MacArthur’s cross over into politics while serving on active duty
(4)
(0)
SFC Casey O'Mally
Sir, President's intent was tobrestore rank. They did that. At the time the decision was announced to revoke trident President had not weighed in in any manner regarding Gallagher's status as a SEAL.
Navy complied with their orders and stated intent.
Once POTUS tweeted "No" they talked to him in Private abiut why they were doing it and why it was a good idea. POTUS still said no, and they dropped it.
No thwarting happening.
Bad optics because POTUS simpky doesn't have a clue how to do things quietly, and everyone else who is harmed by his flamboyance be damned. But no thwarting was attemptednor occurred.
Navy complied with their orders and stated intent.
Once POTUS tweeted "No" they talked to him in Private abiut why they were doing it and why it was a good idea. POTUS still said no, and they dropped it.
No thwarting happening.
Bad optics because POTUS simpky doesn't have a clue how to do things quietly, and everyone else who is harmed by his flamboyance be damned. But no thwarting was attemptednor occurred.
(0)
(0)
Okay all, one final thought on this subject and than I’ll go away. I’ve seen it alluded to that although President Trump is the CinC of the armed forces that he does not have the constitutional authority to issue direct orders unless it is given him by US Code Annotated.. I’ve also seen it referred to that he was not a soldier and thus without understanding of the demands of military leadership, duties and responsibilities.
I’d like people here to ask themselves, under what authority did Lincoln relieve the “do nothing” Generals who were in command at the outset of the Civil War (incidentally the bulk of which were West Point graduates)? The U.S. Army was commanded first by Gen McDowell (first battle of Bull Run/Manasses) and than by Gen George McClellan. Neither shared Lincoln’s vision of prosecuting that war. They were both relieved by the CinC. Many of the subordinate Generals were also relieved for failing to carry out Lincoln’s vision regarding the prosecution of that war. That is how General Grant became the commander of all the Northern Armies. Interesting also was Lincoln’s limited exposure to military service. It was necessary for him to take crash courses in military tactics and procedures under the tutorship of General Winfield Scott and Gen Meigs. Lincoln became a follower of von Clausewitz during this period also.
So, for the critics of the Presidents involvement in this matter, under what authority did President Truman relieve General of the Army (5 stars) during the Korean conflict?
Isn’t it the responsibility of the President of the United States to become directly involved when the senior leadership of the military fails to carry out his directives and orders regarding good order and discipline and the prosecution of the foreign affairs of the nation (and that includes the wars of the nation)? And yes, the conflict in Afghanistan was sanctioned by an overwhelming majority vote of the Congress when President Bush requested it
I’d like people here to ask themselves, under what authority did Lincoln relieve the “do nothing” Generals who were in command at the outset of the Civil War (incidentally the bulk of which were West Point graduates)? The U.S. Army was commanded first by Gen McDowell (first battle of Bull Run/Manasses) and than by Gen George McClellan. Neither shared Lincoln’s vision of prosecuting that war. They were both relieved by the CinC. Many of the subordinate Generals were also relieved for failing to carry out Lincoln’s vision regarding the prosecution of that war. That is how General Grant became the commander of all the Northern Armies. Interesting also was Lincoln’s limited exposure to military service. It was necessary for him to take crash courses in military tactics and procedures under the tutorship of General Winfield Scott and Gen Meigs. Lincoln became a follower of von Clausewitz during this period also.
So, for the critics of the Presidents involvement in this matter, under what authority did President Truman relieve General of the Army (5 stars) during the Korean conflict?
Isn’t it the responsibility of the President of the United States to become directly involved when the senior leadership of the military fails to carry out his directives and orders regarding good order and discipline and the prosecution of the foreign affairs of the nation (and that includes the wars of the nation)? And yes, the conflict in Afghanistan was sanctioned by an overwhelming majority vote of the Congress when President Bush requested it
(18)
(0)
Read This Next


UCMJ
Toxic Leadership
Senior Leaders
