Commentary: Why President Trump was right to intervene in Navy SEAL Gallagher case – The San Diego Union-Tribune

If you read history, especially firsthand accounts of war, it gives the brutal honesty of what war is. If we used the same legal microscope that governs our military today on our greatest generation, we would have convicted and jailed tens of thousands of soldiers and generals and even President Harry Truman; wars havent changed, but laws have. I understand we are not lawless pirates on the battlefield like our enemies, but the benefit of the doubt should always go to the person who is actually in the arena fighting for their lives and this country.

Navy SEAL Eddie Gallagher never got that benefit of the doubt in our system, even though he was a highly decorated eight-time war veteran and among the few in this generation who has seen more combat than any in history.

Ultimately the president of the United States is accountable for the military and everything that happens during his watch; he is the commander in chief. He has a lot of influence on our country and our reputation around the world. Every president inherits a less than perfect country. But no matter what presidents inherit, they still own the outcome of their presidency; they need to make their own decisions.

It doesnt matter who you voted for, the president was elected to do what he thought best within his powers that the Constitution allows. Every president has generals and admirals who can give expert advice, which they can either take or dismiss. Im sure President George W. Bush was advised by some generals not to invade Iraq in 2003, but he did. Im also sure that generals advised President Barack Obama to not pull out of Iraq in 2011, fearing that it would fall to chaos, but he did. So its not unheard of for a president to decide unilaterally on major military decisions, opposing his most trusted experts. But the president is ultimately accountable. He can take the advice or dismiss it. That is how the system works. The military is led by a civilian by design; it didnt just happen.

The decision by these presidents to ignore their military leaders is not uncommon, nor is it significant that President Donald Trump did not take expert advice with regards to the case of Gallagher. It happens, and he has the authority and moral obligation to this nation to decide for himself; accountability cannot be delegated.

Soon after the invasion of Iraq, Eddie Gallagher went to Mosul and fought to take control of the city. More than a decade later, after we pulled out of Iraq, parts of the country fell to ISIS. Eddie went back and fought in Mosul in the same streets and buildings he risked his life in more than a decade earlier, all because of decisions made at the top that went against expert advice. If presidents decided to ignore experts on major war decisions that impact millions of lives, national security and world peace, what would taking expert advice now signal to the troops, the ones in the arena doing the fighting and suffering the consequences of higher decisions? During this second liberation of Mosul Eddies eighth combat deployment he was accused of premeditated murder of an ISIS fighter and faced life without parole.

Eddie went to a court-martial and was found not guilty of murder. Also, a witness admitted on the stand that he had taken the life of the wounded ISIS terrorist, not Eddie. Eddie was found guilty of a petty crime of taking a photograph with the dead body, which he never denied. But since he was at court-martial, it was a felony conviction, something that normally would have been nonjudicial punishment, and a slap on the wrist, had he not been on trial for a crime he was not guilty of.

Every president pardons or commutes sentences. The last president even commuted convicted traitor Chelsea Manning.

I believe President Trump has made his commanders intent about Gallagher crystal-clear. Eddies pretrial confinement of nearly a year is more than enough punishment for a photo. President Trump is the commander in chief, and clearly intends for Eddie to retire; I believe any further action against Gallagher may be seen as insubordination or as retribution. The president just wants to help a hero with his transition home.

Hiner, a retired Navy SEAL, is the author of First Fast Fearless and founder of the Hiner Group.

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Commentary: Why President Trump was right to intervene in Navy SEAL Gallagher case - The San Diego Union-Tribune