President Donald Trump's personal attorney, Marc Mukasey, 51, and longtime Trump associate Bernard Kerik, 63, a former New York City police commissioner, have joined Gallagher's defense team in recent months, both men told Task & Purpose on Wednesday.
Meanwhile, in response to a question from a reporter after a motions hearing, lead defense attorney Tim Parlatore confirmed that he had previously represented Pete Hegseth, the conservative Fox News personality who has been privately lobbying Trump since January to pardon Gallagher, according to The Daily Beast.
(Flickr/Chairman of the Joint Chiefs of Staff/Staff Sgt. Sean K. Harp)
Retired U.S. Navy Adm. William McRaven, a former Navy SEAL who oversaw the Osama bin Laden raid in 2011, warned that President Donald Trump "needs to be very careful" about a presidential pardon for several military veterans accused of war crimes.
"I think the president needs to be very careful at this point," McRaven said in a Fox News interview on Tuesday. "Obviously the president can pardon [whomever] he thinks is appropriate to pardon."
"But the way it works in the military, you have to be careful as a senior commander about unduly influencing the process before the investigation has been adjudicated," McRaven added.
Former Marine Commandant Gen. Charles Krulak has issued a statement urging President Donald Trump and members of Congress to oppose pardons for those accused or convicted of war crimes since, he argued, it would "relinquish the United States' moral high ground."
"If President Trump follows through on reports that he will mark Memorial Day by pardoning individuals accused or convicted of war crimes, he will betray these ideals and undermine decades of precedent in American military justice that has contributed to making our country's fighting forces the envy of the world," said Krulak, who served in the Marine Corps for more than three decades before retiring in 1999 as the 31st Commandant.
In a scathing letter, a top Navy legal official on Sunday expressed "grave ethical concerns" over revelations that government prosecutors used tracking software in emails to defense lawyers in ongoing cases involving two Navy SEALs in San Diego.
The letter, written by David G. Wilson, Chief of Staff of the Navy's Defense Service Offices, requested a response by Tuesday from the Chief of the Navy's regional law offices detailing exactly what type of software was used and what it could do, who authorized it, and what controls were put in place to limit its spread on government networks.
"As our clients learn about these extraordinary events in the media, we are left unarmed with any facts to answer their understandable concerns about our ability to secure the information they must trust us to maintain. This situation has become untenable," Wilson wrote in the letter, which was obtained by Task & Purpose on Monday.
President Donald Trump's affection for the military runs so deep that he has repeatedly served as an advocate for service members accused or convicted of murder.
Not only has he pardoned a former Army lieutenant who was convicted of killing an Iraq detainee, the president has also voiced support for two other service members accused of murder while their cases are still pending.
On May 6, the president pardoned Michael Behenna, who had served prison time after being convicted of killing an Iraqi detainee in 2008. Oklahoma's attorney general had requested a pardon for Behenna last year, arguing that prosecutors had withheld evidence supporting Behenna's claim that he killed the detainee in self-defense, according to the Associated Press.
While the president acted within his Constitutional powers, he also risks creating the impression that the United States condones war crimes, said retired Air Force Lt. Col. Rachel VanLandingham, a former military attorney who now teaches at Southwestern Law School in Los Angeles.
"Killing a prisoner you've stripped naked and threatened with a gun ain't a moral or lawful act: It's murder," VanLandingham told Task & Purpose. "One pardon of such a war crime isn't a pattern, and hopefully such pardon will be the only such condonation of a war crime that many, many other soldiers and Marines and sailors in Behanna's shoes had greater moral courage and integrity not to commit."