WEBVTT
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Welcome to the Fortune Factor podcast. Today we delve into
2
00:00:04.240 --> 00:00:08.000
a pivotal moment in military justice and presidential power, former
3
00:00:08.039 --> 00:00:12.000
President Donald Trump's controversial interventions in several high profile war
4
00:00:12.039 --> 00:00:16.600
crime cases. In November twenty nineteen, then President Trump issued
5
00:00:16.640 --> 00:00:20.960
pardons and clemency that stirred a significant debate. These actions
6
00:00:21.000 --> 00:00:25.000
involved three U S service members, each with a distinct
7
00:00:25.039 --> 00:00:29.480
and serious case against them. First, Army First Lieutenant Clint Laurance,
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00:00:29.519 --> 00:00:31.920
who had served over six years of a nineteen year
9
00:00:31.960 --> 00:00:35.240
sentence for second degree murder after ordering his platoon to
10
00:00:35.280 --> 00:00:38.880
fire on unarmed Afghan civilians in twenty twelve, received a
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00:00:38.920 --> 00:00:43.039
full pardon. Next, Army Major Matthew Goldstein was granted a
12
00:00:43.079 --> 00:00:46.479
full pardon before his trial could even begin. He was
13
00:00:46.520 --> 00:00:49.159
facing a court martial for the alleged murder of an
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00:00:49.240 --> 00:00:52.960
unarmed Afghan man suspected of being a Taliban bomb maker.
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In twenty ten, finally, Special Warfare Operator Chief Edward Gallagher,
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a Navy seal, had his rank restored to Chief Petty Officer.
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Gallagher had been acquitted of murder, but was convicted of
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a lesser charge posing with the corpse of a deceased
19
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ISIS fighter, which had resulted in a demotion. These decisions
20
00:01:11.719 --> 00:01:14.439
were met with a firestorm of criticism, not just from
21
00:01:14.480 --> 00:01:17.439
the public, but from within the military's own ranks and
22
00:01:17.480 --> 00:01:22.680
among legal experts. Many argued that Trump's actions severely undermined
23
00:01:22.680 --> 00:01:26.159
the integrity of the military justice system, a framework built
24
00:01:26.200 --> 00:01:30.599
on decades of precedent. Senior Pentagon officials, including then Secretary
25
00:01:30.599 --> 00:01:34.719
of Defense Mark Esper, reportedly advised against the pardons, fearing
26
00:01:34.799 --> 00:01:39.280
damage to discipline and the confidence of US allies. Critics,
27
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including former military leaders like General Charles Krulock and General
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Martin Dempsey, expressed deep concerns that these pardons would send
29
00:01:47.000 --> 00:01:50.120
a dangerous message to service members. They warned that it
30
00:01:50.120 --> 00:01:53.079
could suggest a disregard for the strict rules of engagement
31
00:01:53.200 --> 00:01:57.319
during combat, potentially emboldening others to act with impunity. The
32
00:01:57.359 --> 00:02:01.680
American Civil Liberties Union characterized Trump's partrudens as sabotaging the
33
00:02:01.719 --> 00:02:05.959
military justice system and demonstrating a callous disregard for the
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lives of victims and survivors and the rule of law.
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This is where the strong language like war crime conspiracy
36
00:02:12.960 --> 00:02:16.719
began to emerge in public discourse. While Trump was not
37
00:02:16.800 --> 00:02:20.439
formally charged with conspiring to commit war crimes. The criticism
38
00:02:20.479 --> 00:02:23.919
implied that his actions could foster an environment where accountability
39
00:02:23.919 --> 00:02:26.919
for such crimes was compromised. The perception was that the
40
00:02:26.960 --> 00:02:30.479
pardons might license violence or signal that certain war crimes
41
00:02:30.479 --> 00:02:34.240
would be forgiven if politically convenient, ultimately eroding the moral
42
00:02:34.280 --> 00:02:38.719
standing of the US military both domestically and internationally. The
43
00:02:38.800 --> 00:02:42.840
controversy surrounding Gallagher's case, for instance, even contributed to the
44
00:02:42.879 --> 00:02:46.400
dismissal of then Secretary of the Navy, Richard Spencer. The
45
00:02:46.479 --> 00:02:51.080
prevailing expert opinion was clear, these pardons jeopardized military justice,
46
00:02:51.360 --> 00:02:54.199
undermine the rules of engagement, and damage the U S
47
00:02:54.400 --> 00:02:59.319
military's credibility. The debate highlighted the delicate balance between presidential
48
00:02:59.360 --> 00:03:03.280
authority and the foundational principles of military law and ethics.
49
00:03:03.479 --> 00:03:05.800
Thanks for joining The Fortune Factor podcast.
1
00:00:00.200 --> 00:00:04.240
Welcome to the Fortune Factor podcast. Today we delve into
2
00:00:04.240 --> 00:00:08.000
a pivotal moment in military justice and presidential power, former
3
00:00:08.039 --> 00:00:12.000
President Donald Trump's controversial interventions in several high profile war
4
00:00:12.039 --> 00:00:16.600
crime cases. In November twenty nineteen, then President Trump issued
5
00:00:16.640 --> 00:00:20.960
pardons and clemency that stirred a significant debate. These actions
6
00:00:21.000 --> 00:00:25.000
involved three U S service members, each with a distinct
7
00:00:25.039 --> 00:00:29.480
and serious case against them. First, Army First Lieutenant Clint Laurance,
8
00:00:29.519 --> 00:00:31.920
who had served over six years of a nineteen year
9
00:00:31.960 --> 00:00:35.240
sentence for second degree murder after ordering his platoon to
10
00:00:35.280 --> 00:00:38.880
fire on unarmed Afghan civilians in twenty twelve, received a
11
00:00:38.920 --> 00:00:43.039
full pardon. Next, Army Major Matthew Goldstein was granted a
12
00:00:43.079 --> 00:00:46.479
full pardon before his trial could even begin. He was
13
00:00:46.520 --> 00:00:49.159
facing a court martial for the alleged murder of an
14
00:00:49.240 --> 00:00:52.960
unarmed Afghan man suspected of being a Taliban bomb maker.
15
00:00:53.000 --> 00:00:57.439
In twenty ten, finally, Special Warfare Operator Chief Edward Gallagher,
16
00:00:57.560 --> 00:01:01.079
a Navy seal, had his rank restored to Chief Petty Officer.
17
00:01:01.439 --> 00:01:04.519
Gallagher had been acquitted of murder, but was convicted of
18
00:01:04.560 --> 00:01:07.719
a lesser charge posing with the corpse of a deceased
19
00:01:07.760 --> 00:01:11.680
ISIS fighter, which had resulted in a demotion. These decisions
20
00:01:11.719 --> 00:01:14.439
were met with a firestorm of criticism, not just from
21
00:01:14.480 --> 00:01:17.439
the public, but from within the military's own ranks and
22
00:01:17.480 --> 00:01:22.680
among legal experts. Many argued that Trump's actions severely undermined
23
00:01:22.680 --> 00:01:26.159
the integrity of the military justice system, a framework built
24
00:01:26.200 --> 00:01:30.599
on decades of precedent. Senior Pentagon officials, including then Secretary
25
00:01:30.599 --> 00:01:34.719
of Defense Mark Esper, reportedly advised against the pardons, fearing
26
00:01:34.799 --> 00:01:39.280
damage to discipline and the confidence of US allies. Critics,
27
00:01:39.359 --> 00:01:43.159
including former military leaders like General Charles Krulock and General
28
00:01:43.159 --> 00:01:46.959
Martin Dempsey, expressed deep concerns that these pardons would send
29
00:01:47.000 --> 00:01:50.120
a dangerous message to service members. They warned that it
30
00:01:50.120 --> 00:01:53.079
could suggest a disregard for the strict rules of engagement
31
00:01:53.200 --> 00:01:57.319
during combat, potentially emboldening others to act with impunity. The
32
00:01:57.359 --> 00:02:01.680
American Civil Liberties Union characterized Trump's partrudens as sabotaging the
33
00:02:01.719 --> 00:02:05.959
military justice system and demonstrating a callous disregard for the
34
00:02:05.959 --> 00:02:08.719
lives of victims and survivors and the rule of law.
35
00:02:09.120 --> 00:02:12.639
This is where the strong language like war crime conspiracy
36
00:02:12.960 --> 00:02:16.719
began to emerge in public discourse. While Trump was not
37
00:02:16.800 --> 00:02:20.439
formally charged with conspiring to commit war crimes. The criticism
38
00:02:20.479 --> 00:02:23.919
implied that his actions could foster an environment where accountability
39
00:02:23.919 --> 00:02:26.919
for such crimes was compromised. The perception was that the
40
00:02:26.960 --> 00:02:30.479
pardons might license violence or signal that certain war crimes
41
00:02:30.479 --> 00:02:34.240
would be forgiven if politically convenient, ultimately eroding the moral
42
00:02:34.280 --> 00:02:38.719
standing of the US military both domestically and internationally. The
43
00:02:38.800 --> 00:02:42.840
controversy surrounding Gallagher's case, for instance, even contributed to the
44
00:02:42.879 --> 00:02:46.400
dismissal of then Secretary of the Navy, Richard Spencer. The
45
00:02:46.479 --> 00:02:51.080
prevailing expert opinion was clear, these pardons jeopardized military justice,
46
00:02:51.360 --> 00:02:54.199
undermine the rules of engagement, and damage the U S
47
00:02:54.400 --> 00:02:59.319
military's credibility. The debate highlighted the delicate balance between presidential
48
00:02:59.360 --> 00:03:03.280
authority and the foundational principles of military law and ethics.
49
00:03:03.479 --> 00:03:05.800
Thanks for joining The Fortune Factor podcast.
