A crisis at the top of military leadership in the handling of a high-profile war crimes case has raised questions in the San Diego military community about the military justice system and what good order and discipline looks like.
President Trump’s recent interventions in several military justice cases, including one involving Chief Petty Officer Edward R. Gallagher of San Diego, has sparked debate about whether the moves undermine the authority of military commanders to instill good order and discipline in the ranks.
“Good order and discipline starts at the top,” said Ed Hiner, a retired SEAL troop commander. “Someone gives you an order, you take it — you don’t have to like it.” The trident review board is an administrative process that usually takes place many rungs below the chain of command — far below the commander-in-chief level.
Under his constitutional powers, Trump has authority over the military. Because of this, the official said, there is nothing in place to prevent Trump’s interference in military justice affairs.“This stuff, going back to the Civil War, has literally never happened,” the official said. “Nixon didn’t do nearly what Trump’s doing.”
“Members of Gallagher’s platoon spoke out about conduct in combat,” Kopp said. “Those people are now on the wrong side of the commander in chief. I think it is likely to chill people from coming forward.”an op-ed Wednesday in the Union-Tribune critical of Trump’s intervention in the Gallagher case. Peyton-O’Brien, who now works as a civilian attorney in military cases, said Trump seems to be interested only in certain military justice cases. She represents a Marine who was arrested at a command formation in July on a human smuggling charge; so far Trump hasn’t come to her client’s defense, she said.
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