Spying, Witness Intimidation – Military Prosecutors in the Gallagher Case
Military prosecutors seem bound and determined to destroy decorated Navy SEAL Eddie Gallagher, as well as his immediate commander, Lt Jacob Portier. So much so that they even added tracking software to his attorney Timothy Parlatore’s email in an effort to find out who they are contacting. They also sent a “target letter” to a potential witness to try and force him to plead the 5th Amendment.
The main prosecutor in the military’s case is Cmdr. Christopher Czaplak. He has declined to comment on any of it.
Military prosecutors using tracking software – Spying by any other name…
Edward Gallagher’s legal team caught on to the alleged scheme last week after they noticed an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of a message sent to them by one of the prosecutors, according to the Associated Press. It was not an official government logo and the lawyers reportedly found suspicious tracking software embedded inside it.
“I’ve seen some crazy stuff but for a case like this it’s complete insanity,” attorney Timothy Parlatore told the Associated Press. “I was absolutely stunned… especially given the fact that it’s so clear the government has been the one doing the leaking.”
The emails were sent last Wednesday to 13 lawyers and paralegals on their team — and to Carl Prine, a reporter for the Navy Times newspaper, who has broken several stories about the case based on documents provided by sources.
The Navy was recently called on the carpet for the continual poor treatment of Chief Gallagher.
Military prosecutors sidelining a witness
In what amounts to an effort to prevent a key witness from testifying, the prosecution sent a “target letter” to SEAL Lt. Cmdr Robert Breisch in an effort to force him to invoke the 5th amendment against self-incrimination.
Normally, a target letter is sent to people under investigation who may be called to testify before a “secret grand jury” that investigates their possible criminal behavior. Only…the military doesn’t have “secret grand juries.” They have Article 32 hearings. The Navy Times stated that they spoke to numerous defense attorneys who had never heard of the use of a target letter in a military proceeding. In other words, the prosecution has effectively sidelined the witness.
Carl Prine at The Navy Times reported,
In a motion filed April 23 in California, Parlatore accused both NCIS agents and military prosecutors of misconduct.
To Parlatore, prosecutors long ago lost sight of what a court-martial trial should be — the pursuit of what truly happened — and instead made it into a legal competition.
“If a trial is really about a search for the truth, they should want Lt. Cmdr. Breisch to testify. Instead, they’re trying to make him invoke the Fifth Amendment,” Parlatore said.
Lt Cmdr Breisch has not been given immunity as some other witnesses. He will now be blocked from testifying either for Eddie Gallagher or Lt Portier.
The prosecution in this case has literally gone off the rails. Instead of seeking the truth of what happening, they are deliberately attempting to lop off any pathway for the defense to actually work FOR their client, and spied on them to boot. They’ve already been called on the carpet for listening in on attorney-client privileged conversations. That’s not counting the number of families and careers they are destroying in this process.
This prosecution is like “a drunk waving a gun in the bar. When that round goes off, it’s going to inevitably hit somebody, and it hit my client.” Joseph Low, Attorney for Lt Cmdr Breisch
Featured photo: L- Eddie Gallagher, R- Prosecutor Christopher Czaplak
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