The legal team behind Navy SEAL Edward Gallagher, who is accused of war crimes, is accusing his commander — Naval Special Warfare Group 1 Commodore Capt. Matthew D. Rosenbloom — of undermining President Donald Trump’s orders. Per Fox News, he is allegedly imposing “unnecessary and punitive restrictions” on Gallagher in an attempt to get him “remanded back to the brig.”
Gallagher was removed from U.S. Marine Corps Air Station Miramar in March after remaining there since September 2018. Now, he is being held in the San Diego area, where his lawyers claim that Rosenbloom is defying orders. Lawyer Timothy Parlatore and his team filed a 19-page motion asking a military court to remove the “conditions of pretrial restraint unlawfully placed upon” him. The motion was received by Fox News shortly after Rosenbloom tweeted that Gallagher would be moved to “less restrictive confinement” until his next day in court on May 28.
“Despite numerous attempts to bring the illegality of these actions to CAPT Rosenbloom’s attention, in the hopes that he would reverse course, CAPT Rosenbloom has remained intransigent and defiant of both the Orders of the President of the United States and the principles of the Constitution, which he swore to uphold and defend.”
Per American Military News, Parlatore claims that Rosenbloom has “improperly prejudged his desired outcome” for the case, which the team claims is the root cause of his alleged interference in Gallagher’s treatment. Parlatore also claims that he has given Rosenbloom many opportunities to discuss the situations and come to a solution but he has been uncooperative.
Incredible picture of #NavySEAL #EddieGallagher being reunited with his son. After eight tours of duty and a lifetime of service in unthinkable places and circumstances, I believe Eddie deserves the benefit of the doubt... This story needs more attention. ???????????????????????? pic.twitter.com/5N7h6hdOsD— Eric Trump (@EricTrump) April 3, 2019
Gallagher’s lawyers claim that some of the unlawful restrictions that Rosenbloom is enacting include forcing him to wear his uniform at all times during taps and reveille, not allowing him to wear normal clothing, restricting his movement and meal options to a vending machine and processed food, preventing him from video chatting or calling his wife and children unless in the presence of a defense attorney or command representative, and not being allowed to drive or be driven to his attorneys’ offices.
In addition, his defense team asked that the court weight further relief, including the possibility of letting Gallagher stay with his family in Florida before his trial starts. In the filing, the team claims that Gallagher has a “constitutional right to liberty” that he risked his life for and should be able to prepare his defense and fight to prove his innocence.
If Gallagher is convicted of all charges, including the murder of an injured ISIS prisoner of war in Iraq, he could be sentenced to life in prison.