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Navy SEAL War Crimes Cases
Five sailors granted immunity to testify in Navy SEAL’s sexual assault trial
Civilian attorney Jeremiah Sullivan argued that previous SEAL cases involving Enayat’s SEAL Team 7 have tainted the Navy legal community and the investigative process.
The Gallagher case — and all its twists and turns — was at the center of arguments by Sullivan, who said the misconduct of San Diego Navy prosecutors, the Naval Criminal Investigative Service and the words of former Naval Special Warfare Commander Rear Adm. Collin Green
during and after Gallagher’s court-martial raise questions about Enayat’s ability to get a fair hearing.
Sullivan also represented Lt. Jacob Portier, Gallagher’s platoon commander in Iraq, who also was charged in connection with that 2017 deployment. The Navy dropped charges against Portier in the wake of the Gallagher decision after then Chief of Naval Operations Adm. John Richardson assumed control of several SEAL war crimes cases.
Navy Drops Effort to Expel From SEALs 3 Officers Linked to Gallagher
After President Trump intervened to stop the Navy from disciplining Chief Petty Officer Edward Gallagher, the service called off reviews of three SEAL officers who were the chief’s superiors in Iraq.
“The Gallagher effect encompasses all of these companion cases, so when the chairman of joint chiefs says, ‘End the Gallagher review board,’ it means collectively they want to put all these cases to rest,” said Jeremiah Sullivan, a lawyer who represents Lieutenant Portier.
Mr. Sullivan said his client was “thankful for the unwavering support of President Trump.”
https://www.nytimes.com/2019/11/27/us/27navy-seals-trident-review.html
Questions Remain Over What Will Happen To 3 Navy SEALS Implicated In War Crimes Case
I talked to Jeremiah Sullivan, who is the attorney for Lieutenant Portier. He said the Navy indicates his Trident review board will continue. He wants the Pentagon and the head of the naval special operations, Rear Admiral Collin Green, to end this process.
JEREMIAH SULLIVAN: There are very junior petty officers, deck seamen, even junior officers who are looking now up their chain of command at Admiral Green and the secretary of the Navy, who can't follow the president's order. You may disagree with the president, but it's an order.
Navy Cancels Review for SEALs After Firing of Navy Secretary
Portier was Gallagher's platoon commander and was charged with failing to report the killing of the captive. He denied the charges and they were dropped after the jury acquitted Gallagher of murder.
Portier's attorney, Jeremiah Sullivan, said Portier was happy to learn he would be allowed to keep his trident, a pin designating SEAL status.
"Lt. Portier is extremely grateful for the unwavering support of President Trump," Sullivan said.
Fired Navy leader highly critical of Trump in SEAL case
Portier was Gallagher's platoon commander and was charged with failing to report the killing of the captive. He denied the charges and they were dropped after the jury acquitted Gallagher of murder.
Portier's attorney, Jeremiah Sullivan, said Portier was happy to learn he would be allowed to keep his trident, a pin designating SEAL status.
"Lt. Portier is extremely grateful for the unwavering support of President Trump," Sullivan said.
Questions Remain Over What Will Happen To 3 Navy SEALS Implicated In War Crimes Case
'Green is going full speed ahead': Fate of three other SEALs ensnared in Gallagher case unclear
“The problem is the Gallagher effect — the Gallagher case — encompasses more than Eddie Gallagher,” Sullivan said.
Given Trump’s interest in other war crimes cases, Sullivan said he wouldn’t be surprised if Trump acted to ensure that Portier and the other SEALs keep their Tridents.
Did the Navy’s top SEAL show contempt for Trump?
“Rear Adm. Green is undermining the office of the president of the United States,” Portier’s defense attorney, Jeremiah J. Sullivan III, told Navy Times. "Rear Adm. Green should be the first one to place his trident on the table and resign before he is fired.
“Flag officers cannot challenge the president. It is an act of insubordination and a violation of the Uniform Code of Military Justice.”
Sullivan also represents ex-SEAL Team 7 leader Cmdr. Edward J. Mason and Master Chief Special Warfare Operator Hugh C. Spangler, who were fired by Green on Sept. 6. They claim that they were relieved of duty in an effort by an embattled Green to save his career after the Gallagher case and other reports of problems at Naval Special Warfare roiled the Pentagon, Capitol Hill and the White House.
Navy launches review of SEALs, including one cleared by Trump, in war crimes probe
Fired SEAL Team 7 leaders file IG complaint accusing top SEAL admiral of ‘abuse of power’
Jeremiah Sullivan, who represents Mason and Spangler, wrote that Green and Master Chief Petty Officer (SEAL) William King were fully aware that SEALs were drinking alcohol downrange despite General Order No. 1.
"The GONO violations are a red herring as RADM Green is well aware that NSW had established their own rules regarding the consumption of alcohol downrange," Sullivan wrote. "RADM Green and CMC King should be subjected to a polygraph examination regarding their knowledge of consuming alcohol in violation of GONO."
Sullivan also claims that Green's decision to fire Mason and Spangler overruled military officials who had looked into allegations against SEAL Team 7 members, including the Army three-star general who is second-in command of U.S. military operations in Iraq and Syria, who wrote in a July 31 report he had "complete trust and confidence" in the team's leadership and Mason's ability to command.
The following day, Green allegedly called the head of special operations in Iraq to say he was "very upset" with the general's comments because they "did not fit his narrative," Sullivan wrote.
IG complaint pits Trump, decorated operators against rear admiral who fired a SEAL team triad
Prepared by San Diego attorney Jeremiah J. Sullivan III, the complaint depicts the highly decorated Mason and Spangler as war heroes “unjustly fired” as “expendable scapegoats” and “victims of flagrant abuses of power and deliberate retaliation” by Green.
Central to the IG complaint is the accusation that Green’s “duplicitous actions were done in an attempt to bolster his own reputation and protect his own career” while a string of public scandals involving SEALs played out.
They included SEAL Team 7′s Foxtrot Platoon — which got booted from Iraq back to Naval Base Coronado following a July 4th party that included alcohol, with ongoing investigations for sexual assault, fraternization and other allegations of misconduct trailing in their wake — but included what Green allegedly termed the “Gallagher Effect,” according to the complaint.
Attorneys stunned CNO’s SEAL court-martial orders not followed
“We don’t know what’s going on,” said Portier’s civilian defense attorney, Jeremiah J. Sullivan III. “This is crazy.”
Navy's top admiral steps in, assumes authority in Navy SEAL war crimes cases
Navy tosses war crimes case against SEAL’s platoon leader
Defense attorney Jeremiah J. Sullivan III said Portier was relieved to get the news and is still "proud to wear the uniform" and would happily return to combat.
Sullivan, a former Navy prosecutor and military judge, said events of the last two days were a scathing indictment against military prosecutors and he wouldn't be surprised if resignations follow.
"The legal military justice system — their integrity has just been eviscerated," Sullivan said. "It's certainly discrediting to the Navy leadership to have the president of the United States strip away awards."
Navy drops all charges against Eddie Gallagher's platoon commander
Portier's attorney, Jeremiah Sullivan, did not respond to a request for comment from Task & Purpose. Brian Ferguson, an attorney representing Scott, told Task & Purpose his client was "profoundly grateful the President and Chief of Naval Operations have intervened to exonerate LT Portier. LT Portier was a model of courage on the battlefield in the fight against ISIS and back home in the defense of his platoon."
Https://taskandpurpose.com/news/portier-charges-dropped
A Navy SEAL Platoon Is Pulled From Iraq Over Misconduct Reports
Jeremiah Sullivan, a civilian attorney representing one of the SEALs in the platoon, confirmed that there was an investigation into reports of sexual assault and unauthorized drinking.
https://www.nytimes.com/2019/07/25/us/navy-seal-platoon-withdrawn-iraq.html
SEAL platoon commander charged in war crime cover-up heading to trial in September
Jeremiah Sullivan, the civilian attorney for Navy SEAL Lt. Jacob Portier, talks to the press after an arraignment at Naval Base San Diego in January.
SEAL war crimes suspect not guilty on murder charge
President Trump should be working on getting him his Silver Star now,” said Jeremiah J. Sullivan III, the defense attorney representing Lt. Jacob X. “Jake” Portier, the officer in charge of Gallagher’s SEAL platoon.
Now that Gallagher has been cleared, the spotlight falls on Portier’s upcoming trial.
On the day Gallagher was acquitted on all but one minor charge, military prosecutors pressed forward on Portier’s case and obtained a trial date of Sept. 3.
Prosecutors accuse the lieutenant of helping his platoon chief cover up crimes that a jury said Tuesday weren’t committed.
“It defies logic and the plain meaning of justice,” said Sullivan. “They’re going to waste an abundance of taxpayer dollars. But we’ll be ready for trial. One acquittal at a time.”
Navy SEAL War Crimes Trial in Turmoil Over Claims Prosecutors Spied on Defense
“This was a cyberwarfare attack, this is not just some software you get at Walmart,” said Jeremiah J. Sullivan III, who represents Lieutenant Portier. “It has violated my client’s constitutional rights, and it created a conflict of interest that calls into question whether prosecutor and the judge can stay on the case.”
https://www.nytimes.com/2019/05/17/us/navy-seal-war-crimes-spying.html
Navy SEAL acquitted of murder in killing of captive in Iraq
Lt. Jacob Portier, the officer in charge of the platoon, has been charged separately for overseeing Gallagher's re-enlistment ceremony next to the corpse and not reporting the alleged stabbing.
The Navy is still pursuing the case against Portier, defense lawyer Jeremiah J. Sullivan III said.
Judge releases Navy SEAL charged with war crimes
Defense lawyer Jeremiah J. Sullivan III, who represents Portier, said there was no probable cause for the tracking effort, which was discovered in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath Czaplak's signature.
Czaplak said the tracking ended May 10 after he was confronted by defense lawyers and acknowledged the effort in a closed-door hearing. He disclosed no other details at the time.
On Thursday Czaplak said the emails contained code similar to what marketers use to see when an email is opened and what device was used to open it.
"It's still a web bug and it's still unethical," Sullivan said.
Two counts dropped in court martial of Navy SEAL commander charged with war crime cover-up
“The government has conceded and dismissed the charges (of making false official statements) because my client has been truthful and will continue to be truthful,” said Jeremiah Sullivan, Portier’s civilian attorney, during an interview after the hearing.
The dropped charges alleged that Portier had lied to superiors about his subordinates reporting allegations against Gallagher, who has been charged in another court martial with premeditated murder and with shooting civilians. Gallagher has pleaded not guilty.
Sullivan said the Navy only charged Portier with crimes to compel him to testify in Gallagher’s trial, but Portier was not present when the fighter was killed.
“He just doesn’t have the evidence they’re looking for,” Sullivan said.
Navy SEAL commander arraigned on charges connected to alleged Iraq war crime cover-up
A general court martial began with the arraignment of a Navy SEAL platoon commander Tuesday for allegedly failing to report war crimes that prosecutors say were committed by another SEAL under his comman
Jeremiah Sullivan, Portier’s San Diego-based civilian attorney, said after the hearing that his client is innocent and intends to plead not guilty.
“I can be very clear on that,” Sullivan said at an impromptu news conference outside the Naval Base San Diego courthouse. “I think it’ll be clear from the evidence he is absolutely innocent.”
https://www.nydailynews.com/sd-me-seal-hearing-war-crimes-20190122-story.html
Second Navy SEAL charged with war crimes, goes to court
At the time of Lt. Portier’s Article 32 hearing back in November, his defense attorney, Jeremiah Sullivan, argued that his client shouldn’t be prosecuted given the numerous and contradictory reports of what happened. “There’s a number of witnesses who have conflicting statements. That’s the whole rub in this case,” he said.
https://sofrep.com/news/second-navy-seal-charged-with-war-crimes-goes-to-court/
Lawyer For SEAL Officer In War Crimes Case Argues Gag Order Prevents Him From Defending His Client
Attorney Jeremiah Sullivan complained to the hearing officer in Portier's Article 32 hearing that a protective order issued by Naval Special Warfare Group One over the case was "unlawful" since it did not allow him to show witnesses documents, photos, or statements from others connected to the case that may contradict their testimony.
"There's a number of witnesses who have conflicting statements," Sullivan said. "That's the whole rub in this case."
Portier is accused of dereliction of duty, failure to obey a lawful order, and making false official statements, according to a charge sheet released by the Navy on Tuesday. Prosecutors allege Portier failed to properly report the alleged actions of his subordinate, SEAL Chief Edward Gallagher, who has been accused of murdering a wounded ISIS fighter and shooting at innocent civilians in Mosul, Iraq in 2017.
SEAL’s Lawyer Wants Prosecutor, Judge Booted Off Murder Case
Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.
https://abcnews.go.com/US/wireStory/navy-orders-justice-system-review-seals-acquittal-64726149
Parlatore said the leak investigation also targeted Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.
Judge Removes Prosecutor in SEAL Chief Gallagher’s Murder Trial
The lead prosecutor downplayed the move at a related hearing earlier in the day. Cmdr. Christopher Czaplak said the code embedded in the email recorded nothing more than where and when messages were opened by recipients.
Czaplak said the tracking ended May 10 after he was confronted by defense lawyers who discovered the code in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath Czaplak's signature.
On Thursday, Czaplak said the code was similar to what marketers use to see when an email is opened and on what device.
"It's still a web bug and it's still unethical," countered defense lawyer Jeremiah J. Sullivan III, who represents Portier.
Navy orders justice system review after SEAL's acquittal
Sullivan, a former Navy prosecutor and military judge, said events of the last two days were a scathing indictment against military prosecutors and he wouldn't be surprised if resignations follow.
"The legal military justice system — their integrity has just been eviscerated," Sullivan said. "It's certainly discrediting to the Navy leadership to have the president of the United States strip away awards."
Pentagon Chief Fires Navy Secretary Over Handling Of Navy SEAL Eddie Gallagher Case
The fall-out continued into Monday. The head of Naval Special Warfare Command, Rear Adm. Collin Green, has been pressing to restore order and discipline among the elite SEALs after a series of embarrassing headlines.
Gallagher’s leadership could still be caught up in this case, Jeremiah Sullivan the attorney for one of the other SEALs involved, Lt. Jacob Portier, said the Navy indicates Portier’s Trident review boards will continue.
“They’re going to get their pound of flesh out of chief Gallagher and the other folks involved in this case including Lt. Portier,” Sullivan said. “The president has spoken, let’s get back go business. But Adm. Green has chosen, ‘No,’ and it’s resulted in the Secretary of the Navy being fired.”
https://www.kpbs.org/news/2019/nov/25/pentagon-chief-fires-navy-secretary-over-handling-/
SEALs Face Review Board for Death of Iraqi
According to Portier’s letter, his review board has been instructed to look at Portier’s 2017 deployment in Iraq and his actions through July 2019 to see if he “displayed a gross lack of professional or personal judgment, lack of moral or ethical behavior and/or conduct inconsistent with the SEAL ethos.”
Portier was Gallagher’s platoon commander and was charged with failing to report the alleged murder. He denied the charges and they were dropped after the jury acquitted Gallagher of murder.
His attorney, Jeremiah Sullivan said Trump recognizes “the honorable sacrifices that my client has made in his combat deployments,” and that Green is challenging the “integrity of the president.”
https://www.courthousenews.com/seals-face-review-board-for-death-of-iraqi/
Navy Cances Review of SEALs
Portier was Gallagher’s platoon commander and was charged with failing to report the killing of the captive. He denied the charges and they were dropped after the jury acquitted Gallagher of murder.
Portier’s attorney, Jeremiah Sullivan, said Portier was happy to learn he would be allowed to keep his trident, a pin designating SEAL status.
“Lt. Portier is extremely grateful for the unwavering support of President Trump,” Sullivan said.
https://www.kpbs.org/news/2019/nov/27/navy-cancels-review-seals-linked-gallagher-case/
Lawyers for freed Navy SEAL Edward Gallagher want war crime case dismissed
"It's still a web bug and it's still unethical," countered defense lawyer Jeremiah J. Sullivan III, who represents Portier.
SEALs lawyered up during war crimes case, then prosecutors went after their lawyer
Authorities accuse Gallagher of stabbing to death an unarmed Islamic State prisoner of war who was receiving medical attention, wielding a sniper rifle to gun down innocent civilians and terrorizing junior SEALs with threats in an ongoing effort to intimidate potential witnesses and obstruct justice.
Portier has been charged with covering up Gallagher’s misconduct, but both men have denied their guilt and demanded a trial to clear their names.
Ferguson initially represented Portier but withdrew from the lieutenant’s case after Portier was charged and the case was transferred to Jeremiah J. Sullivan III, a well known civilian attorney who specializes in military criminal justice cases.
SEAL commander charged in war crime cover-up heading to trial in September
Jeremiah Sullivan, the civilian attorney for Navy SEAL Lt. Jacob Portier, talks to the media after an arraignment at Naval Base San Diego in January 2019.(Andrew Dyer/San Diego Union-Tribune)
Portier's lead civilian defense attorney, Jeremiah Sullivan, told the Union-Tribune on Tuesday, after Gallagher was found not guilty on most of the charges against him, that he did not see why the service was continuing to prosecute his client.
"Despite the acquittal of Chief Gallagher, the Navy is going ahead with its prosecution of Lt. Portier," Sullivan said outside the courtroom. "The pursuit of Portier is a vendetta."
Portier's trial is scheduled for Sept. 3.
https://www.pilotonline.com/military/article_eebfb34c-9f26-11e9-b582-831a3f80ccb3.html
After Navy SEAL Chief Eddie Gallagher was found not guilty of murder, the prosecutors who lost the c
In a separate legal filing, Jeremiah Sullivan, Portier's civilian attorney, requested the government turn over all documents related to the award ceremony and other materials regarding the spying operation, which he plans to use in additional motions to try to get the case thrown out over alleged unlawful command influence and government obstruction.
"The Navy recently completed the prosecution of SOC Eddie Gallagher. The case became a national embarrassment when Navy Prosecutors were caught illegally spying on Defense Counsel, the Press, and even one of President Trump's personal lawyers," Sullivan wrote in the memorandum, which he sent to prosecutors on July 19.
"After the spying operation became a well-publicized disaster, the Regional Legal Service Office (RLSO) sought 'top cover' from the Office of the Judge Advocate General (OJAG) and strategically released a formal press statement through their spokeswoman falsely asserting that the spying operations was legal," Sullivan continued, calling the press release a "well-crafted message" to th"Despite OJAG asserting to everyone that the spying operation was lawful, the Marine Corps recognizing the unlawful nature of the Navy's unethical actions, quickly removed their Marine Corps prosecutor from the case," Sullivan wrote. "However, the JAGC would not admit any fault and justified their actions while the public watched with disgust. Following another failed attempt by Navy prosecutors to justify their unethical operation, the Military Judge found that Navy prosecutors violated the U.S. Constitution and ordered CDR Czaplak removed from the case. The new Navy prosecution team proceeded to trial and lost."
"The Navy JAGC then sent a clear message again to the Military Judge, Convening Authority, the Staff Judge Advocate for Navy Region Southwest, and prospective Members, by hosting an awards ceremony in the RLSO SW courtroom and handing out Navy Achievement Medals and Letters of Appreciation for the RLSO's accomplishments in the Gallagher case," he added. "Even more troubling, the Defense was alerted that the Military Judge attended the awards ceremony."
Sullivan asked for a response to his request for documents within five days but has not yet received anything from the government, he told Task & Purpose on Monday.
https://taskandpurpose.com/news/gallagher-prosecutors-awards
Two Fired Navy SEAL Leaders Say They Were Made Scapegoats Amid Misconduct Cases
The Navy said its top SEAL, Rear Adm. Collin Green, relieved the men along with the team's executive officer, Lt. Cmdr. Luke Im, because their leadership failures led to a breakdown of order and discipline within two units. One unit in Iraq was sent home early after a member was accused of sexual assault and the unit was accused of drinking alcohol there in violation of Navy rules.
Jeremiah Sullivan, the attorney representing Mason and Spangler, said his two clients are exemplary SEALs who recently were recognized with top scores for their leadership skills.
Sullivan said the firings have shocked the SEAL community. Both men are highly decorated with Bronze Stars with Valor, among other medals.
He called Spangler "legendary" with more than 25 combat tours.
https://www.kpbs.org/news/2019/sep/25/two-fired-navy-seal-leaders-say-they-were-made-sca/