Exceptions to the Article 32 Requirement

A former Fort Bragg soldier has been demoted, dishonorably discharged and sentenced for deserting the military and producing and viewing child pornography, officials said Tuesday.

Robert L. Barnett III’s rank was reduced from specialist to private after a military judge found him guilty of the charges, officials said.

Barnett, a soldier with the 82nd Airborne Division, was sentenced to 11 years confinement and discharged by a general court-martial Oct. 23.

The military court found Barnett, 35, “engaged in lewd web camera exchanges with numerous female minors” between February and October 2012, officials said.

Officials said Barnett deserted his unit and fled from the U.S. to the United Kingdom with his wife and children.

Officials credited international cooperation between the 82nd Airborne Division Staff Judge Advocate and Provost Marshal, U.S. Air Forces in Europe, the U.S. State Department, the British Ministry of Defence and the London Metropolitan Police to leading to Barnett’s arrest May 31. He was transferred to U.S. military custody the following day and flown to Pope Army Airfield.

Maj. Gen. James Mingus, commander of the 82nd Airborne Division, praised his team’s “perseverance” and significant interagency and bilateral support that was instrumental in securing Barnett’s return.

Officials said Barnett was transferred to U.S. military custody the day after his arrest and flown directly to Pope Army Airfield on a C-17 transport with military police escort.

Before his desertion, Barnett served about a year as an infantryman assigned to Headquarters and Headquarters Company, 2nd Battalion, 325th Airborne Infantry Regiment, 2nd Brigade Combat Team, 82nd Airborne Division.

He was previously enlisted in the Marine Corps.

available witnesses

HALIFAX — A Halifax-based military policeman has been found not guilty of sexually assaulting a superior officer during a Royal Canadian Navy exercise in Scotland.

A five-man military panel delivered the verdict for Sgt. Kevin MacIntyre on Wednesday evening.

MacIntyre had been charged with sexually assaulting the woman in her Glasgow hotel room on Sept. 27, 2015.

The verdict came only hours after military judge Cdr. J.B.M. Pelletier delivered his final instructions to the panel.

MacIntyre, dressed in a traditional green dress uniform and distinctive red beret, sat with a straight back as the verdict was handed to the judge in a sealed envelope.

As he learned the panel‘s decision, MacIntyre closed his eyes and slowly tilted his head back, drawing a deep breath as he leaned forward.

The proceedings in the military court lasted a week and a half.

The woman, whose name is protected by a publication ban, testified that she told the 48-year-old MacIntyre “no” multiple times, and repeatedly pushed his hand away.

Defence lawyer David Bright argued that the two had consensual sex, and that the woman reported the incident to cover the fact that she slept with a subordinate and cheated on her husband.

The naval officer in immediate command of the unit testified that the female officer only offered a “partial recollection” of an alleged sexual assault at the time, and did not want to proceed with charges. She made a formal complaint in March of 2016.

The two had been part of a group that had been out drinking and socializing earlier that night.

During the court martial, the woman testified she awoke to find MacIntyre in her bed and didn‘t know how he had entered her room.

“The only thing I remember is waking up and him touching me,” she told the military court.

She said she didn‘t want to have sex, but she said MacIntyre eventually penetrated her while she lay on her stomach. The complainant said she believes she “just froze.”

But MacIntyre testified she didn‘t object at any point during sex he believes was consensual.

“She never said no to me once,” MacIntyre said. “I thought she was consenting.”

Bright took issue with testimony that she couldn‘t eat in the weeks following the incident, producing an Oct. 11, 2015, Facebook photo showing her sitting before a large plate of food during high tea at a Glasgow restaurant.

The woman said she took the photo to reassure her family back home that she was well during her trip and that she actually ate very little that day.

Other photos posted on social media show the woman smiling with her team members — something that Bright said harmed her credibility.

But military prosecutor Maj. Larry Langlois argued that the pictures didn‘t prove anything, saying there are “no rules” about how victims are supposed to act in the aftermath of a sexual assault.

“The defence will be grasping at straws,” Langlois told the panel. “There is no normal or typical way to behave.”

During his closing argument, Bright wondered why the woman fell asleep with MacIntyre still in her bed after the alleged assault.

“I agree we shouldn‘t concern ourselves with rape myths,” he told the panel. “We should concern ourselves with common sense.”

He also noted that she didn‘t make a formal report for six months.

But Langlois said there are many reasons why victims might not report a sexual assault right away, including embarrassment and fear of re-traumatization during the court process.

When the five-member panel was discharged by the judge Wednesday, all of the Armed Forces members in the small, windowless room stood at attention and saluted.

As the judge left the courtroom, MacIntyre smiled and embraced Bright.

Afterwards, Bright said neither he nor his client would comment on the case. The two military prosecutors also declined to comment.

Edward Gallagher
U.S. Navy SEAL Special Operations Chief Edward Gallagher (R), with wife Andrea Gallagher, leaves court after being acquitted of most of the serious charges against him during his court-martial trial at Naval Base San Diego in San Diego, California , U.S., July 2, 2019. 
John Gastaldo / Reuters
  • President Donald Trump has reportedly decided to restore the rank of Navy SEAL Chief Eddie Gallagher, who was convicted of taking a photo with a deceased teenage ISIS fighter in 2017.
  • Gallagher would retire as a chief, reinstating approximately $200,000 of his retirement pay.
  • Trump is also reportedly considering pardons for an officer serving a 19-year sentence for the deaths of 2 Afghans and for an Army Green Beret charged with killing an unarmed Afghan.
  • Visit Business Insider’s homepage for more stories.

Embattled Navy SEAL Chief Eddie Gallagher is about to get a reprieve from President Donald Trump, who has decided to restore Gallagher’s rank and pay grade to chief petty officer, according to the Navy Times.

The decision, first reported by “Fox & Friends” contributor Pete Hegseth on Monday, would reinstate about $200,000 of retirement pay for Gallagher, who was convicted of taking a photo with a deceased teenage ISIS fighter in 2017. He was found not guilty of murdering the prisoner and also targeting civilians with a sniper rifle — both war crimes — at a high-profile court-martial.

Gallagher was ordered to report to duty to Naval Base Coronado on Friday, the Navy Times reports, amid rumors that Gallagher could be headed to a Trident Review Board, which could decide to strip him of his status as a Navy SEAL and the golden Trident insignia all SEALs wear. But Rear Adm. Collin Green, the Navy SEAL who leads Naval Special Warfare Command, took no administrative action last week, although Green could still strip Gallagher of his Trident pin.

“If Green pulls Gallagher’s Trident, he can fly to DC and see me in the Court of Federal Claims,” Gallagher’s attorney, Timothy Parlatore, told Insider.

In a scathing letter to Green, Parlatore accuses the NSWC leader of “conspiring to retaliate” against Gallagher, and condemns Green for declining to apply the same punishment to other members of the SEAL platoon also featured in photos with the deceased teenage ISIS fighter.

“Abandon your fixation on harming Eddie Gallagher and his family,” Parlatore wrote.

“Eddie Gallagher is ready to move on with the next phase of his life,” Parlatore said, and “go quietly into his retirement.”

Should Gallagher’s rank be restored, he still stands to make about $200,000 less over the course of his retirement than he would had he retired as an E-8, a promotion he lost out on because of his alleged crimes and court martial, accrding to Parlatore’s letter. Over his lifetime, Gallagher’s retirement as a chief petty officer is worth an estimated $1.7 million via his military pension, Navy Times reported.

Insider reached out to the White House and to the Navy regarding Gallagher’s case, but did not receive a response by press time.

Gallagher’s case is not the only high-profile military one the president is set on intervening in, according to Hegseth, a weekend “Fox & Friends” co-host and Army veteran who reportedly advised Trump to pardon Gallagher and others troops accused or convicted of war crimes. Trump also plans to release former 1st Lt. Clint Lorance, currently serving a 19-year sentence at Ft. Leavenworth for ordering his platoon to fire at three Afghan men on a motorcycle in 2012. Two of the men died, according to reporting at the time.

Trump also plans to intervene in the case of Maj. Matthew Golsteyn, who reportedly told CIA interviewers he fatally shot an unarmed Afghan man he believed to be a Taliban bomb maker in 2010; Golsteyn has pleaded not guilty to the murder charge. Should Trump take action in Goldsteyn’s case — his court-martial is scheduled for Dec. 2 at Fort Bragg, North Carolina — he could dismiss the case altogether, Task & Purpose reports. 

Navy Special Operations Chief Edward Gallagher, right, walks with his wife, Andrea Gallagher as they leave a military court on Naval Base San Diego, Tuesday, July 2, 2019, in San Diego. A military jury acquitted the decorated Navy SEAL Tuesday of murder in the killing of a wounded Islamic State captive under his care in Iraq in 2017. (AP Photo/Gregory Bull)

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The family of Navy SEAL Chief Edward “Eddie” Gallagher, who in July was found guilty of posing with the corpse of a 17-year-old ISIS fighter while on deployment to Mosul, Iraq, in 2017, is asking President Donald Trump for a pardon.

On Tuesday, Chief of Naval Operations Adm. Mike Gilday issued the final decision on the trial, upholding the guilty verdict and the demotion of Gallagher from Chief to First Class Petty Officer, reducing his lifetime pension.

“Enough is enough,” Andrea Gallagher, Edward Gallagher’s wife, said Friday, Nov. 1. “The Navy should have let him retire as the rank of Chief … .  They also stripped him of his Silver Star which he rated and we want that back.”

Andrea Gallagher, on Thursday, took to social media, asking members of Congress to sign onto a letter to Trump and “right the wrongdoing of the Navy leadership.” She also asked members of the public to encourage their congressional representatives to sign the letter.

The posts on Facebook and Instagram added that the demotion in rank is not only an insult to Gallagher, who served eight deployments and earned two bronze stars over a 20-year career, but also an “immeasurable amount of injustice” to the Gallagher family at the hands of multiple government and military agencies.

Major Gen faces court martial for sending porn clips

Friday, 01 November 2019 | PNS | New Delhi

A Court of Inquiry (CoI) was ordered into the matter after the NCC girls complained against the officer.

The matter came to light when the NCC cadets brought the matter to higher authorities and complained that the Major General used to send such pornographic clips through WhatsApp and obscene text messages, sources said here on Thursday.

The CoI, headed by a Lt-General, found the senior officer prima facie guilty of the charges. Around 10 officers, including another Major General, have faced court martial in cases of “moral turpitude”, corruption and sexual harassment over the last couple of years.

While the name of the Major General was withheld in this case because the charges are yet to be proved in a trial, sources also said the officer is retiring from service in a few weeks.

He will be “attached” to an Army unit for the court martial under Section 123 of the Army Act of 1950. Military personnel can be punished under the Army Act if the trial or court martial begins within three years of their retirement.