Gag order in Chief Gallagher's case

The Navy military judge presiding over the murder trial of SEALs chief petty officer Edward Gallagher has issued a gag order, according to this San Diego Union-Tribune story.

[Capt. Aaron] Rugh also ruled that future court proceedings and his rulings would be subject to a protective order, to prevent leaks in the case.

On Saturday, the Union-Tribune published a story detailing contents of one of Rugh’s rulings from January 10, including findings of fact regarding witness accounts of Gallagher’s alleged actions on deployment. Those findings included detailed witness accounts of the alleged stabbing of the ISIS fighter and two alleged shootings of civilians.

Rugh said such rulings are written in a “legal vacuum” and, if released to the press, they could taint potential jurors.

[Civilian defense counsel Tim] Parlatore told the judge he has received calls from reporters asking about other investigations into Gallagher, and he suspects members of the Naval Criminal Investigative Service have leaked information about other investigations into Gallagher’s alleged conduct.

Rugh created an exception to his gag order: he said defense attorneys could share evidence in the case with members of Congress, as long as those members and their staff comply with the protective order. Rep. Duncan Hunter, R-Alpine, and other Republican congressmen have advocated for Gallagher, including lobbying [President Donald J.] Trump.

It is not clear what Judge Rugh meant when he said his January 10, 2019 ruling had been written in a "legal vacuum." One assumes that the news media will object to his gag ruling. In a case that has generated so much public interest, the Navy-Marine Corps Trial Judiciary should establish a website where all unclassified and unsealed case documents, including motions and court orders, will be available to all. In fact, there's no reason the armed forces as a whole cannot establish a system for making such documents available as a matter of routine, just as in the federal district courts and courts of appeals.