With a Saturday morning Twitter message, President Donald J. Trump ordered the Navy to modify the detention of Special Warfare Operator Chief Edward “Eddie” Gallagher, who is behind bars awaiting a court-martial trial in San Diego for allegedly stabbing to death an Islamic State prisoner.
“In honor of his past service to our Country, Navy Seal
#EddieGallagher will soon be moved to less restrictive confinement while he awaits his day in court,” Trump tweeted. “Process should move quickly!”
Military Legitimacy EIC Note:
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline. UCMJ art. 13
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. UCMJ Art. 37