Bookshelf

Last month, Global Military Justice Reform ran this post about a review of Dave Philipps's book Alpha: Eddie Gallagher and the War for the Soul of the Navy SEALs. Having now read the book, the Editor strongly recommends it to anyone concerned with military justice, as well, of course, as with the Navy, the SEALs, and national defense. It's an important tale about an horrific event that has already begun to fade in memory as the country confronts a host of pressing issues (many of which also bear the nasty bootprints of the shambolic "administration" of former President Donald J. Trump). From a military justice perspective, here are some questions:

• Why did the prosecution consent to a defense motion to stack the court with members who had combat experience (and even if there was consent, why did military judge grant the defense's request)?
• Why was the government so generous to so many witnesses in granting immunity?
• Did anyone consider whether the representation of multiple material witnesses by a single attorney (who had volunteered his services out of the clear blue) presented a professional responsibility issue?
• Were the waivers of potential conflicts of interest based on a full disclosure of the facts and applicable law?
• Why were some potential material witnesses never even interviewed?
• Why did the military judge deem it proper to withhold some of his rulings from public disclosure? [Full disclosure: the Editor's motion to unseal one such ruling was ignored.]
• Was the military judge's imposition of severe sanctions on the prosecution (including disqualification of the trial counsel) warranted based on NCIS's addition of coding that would permit the government to determine who was repeatedly leaking case documents to the news media?
• Given the trial counsel's disqualification and the relative inexperience of the assistant trial counsel (whose personal life was in turmoil due to the sudden death of a parent), why was there not a substantial continuance to permit the government to regroup?
• When a key government witness gave devastating pro-defense testimony about which the prosecution could fairly claim surprise, why wasn't there a substantial recess during which appropriate expert testimony on a forensic medical issue could be developed?
• What steps were taken with respect to a panel member who, according to the book, was economical with the truth about his prior relationship with Chief Gallagher?
• With the passage of time, has this case led to substantial and lasting changes in SEAL culture?
• What lessons did the Navy JAG Corps and NCIS learn?

The pervasive devastating corrupting effect of former President Trump's meddling during the run-up to the trial and its dénouement is mind-boggling.

There are villains in this story, and there are heroes. The villains prevailed. Dave Philipps of The New York Times has done a significant public service by writing this book. Among other things, he took the time to try to pin down the name and story of the young ISIS fighter whose violent death in American hands is the central event of the story. To his credit, Mr. Philipps notes that there remains a question as to which of two possible men the victim actually was.