Trump ordered that Ex-Navy Seal Eddie Gallagher be moved to less restrictive confinement. Just ten days later, Gallagher’s lawyers are accusing his commander of putting unnecessary restrictions on him in order to get Gallagher “remanded back to the brig.”
Gallagher’s legal team is accusing Naval Special Warfare Group 1 Commodore Capt. Matthew D. Rosenbloom of putting “unnecessary and punitive restrictions” on Gallagher in order to get him sent back to his restrictive confinement aboard a brig at U.S. Marine Corps Air Station Miramar in California, according to reports from Fox News. Gallagher is currently being held at another San Diego facility, the news outlet reports.
Gallagher’s lawyers provided Fox News with a 19-page court motion detailing their accusations against Rosenbloom, saying that Rosenbloom is imposing “conditions of pretrial restraint unlawfully placed upon” Gallagher.
“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,” wrote lawyer Timothy Parlatore, according to Fox News.
Restrictions include forcing Gallagher to wear his uniform at all times and never allowing him to wear civilian clothes, limiting his food to “a vending machine and a limited selection of processed food,” preventing Gallagher from talking to his wife and children unless he is with a command representative or defense attorney, and only allowing him to speak to his defense team over the phone in the presence of a command representative, according to Fox News.
Rosenbloom said in a letter obtained by Fox News that the “restraint ordered is required by the circumstances.”
“I have a reasonable belief,” Rosenbloom wrote to Gallagher’s defense attorney’s in the letter, “offenses triable by court-martial have been committed; SOC Gallagher committed the offenses; and the restraint ordered is required by the circumstances. In line with determinations previously made by both the Internal Reviewing Officer and the Military Judge, I find the stipulations of restriction are required to prevent attempts by SOC Gallagher to intimidate witnesses and obstruct justice.”
Rosenbloom also stated in the letter that Gallagher has full access to medical care and legal counsel. However, Gallagher’s lawyers deny this.
“CAPT Rosenbloom cannot possibly have risen to the leadership position he now holds and still lack a basic understanding of the applicable constitutional principles or that limited telephone access from the quarterdeck is not sufficient to communicate with his attorneys,” Gallagher’s lawyers said in their court motion, according to Fox News. “The only rational conclusion is that CAPT Rosenbloom fully understands these principles and is flagrantly violating them to attempt to exert undue influence on the outcome of this case.”
These accusations come after President Donald Trump ordered Gallagher to be moved to less restrictive confinement in a tweet on March 30. “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!“
Gallagher has been imprisoned for premeditated murder and aggravated assault against an ISIS prisoner and civilians. The ex-Navy Seal spent six months on the Naval Consolidated Brig Miramar in California as he awaited the beginning of his war crimes trial, but Republicans brought his case to Trump’s attention after reports suggested Gallagher’s access to food, his legal team and medical care were being restricted.
The United States Navy did not immediately respond to a request for comment from The Daily Caller News Foundation.
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