{"id":36454,"date":"2019-02-09T04:51:16","date_gmt":"2019-02-09T04:51:16","guid":{"rendered":"https:\/\/one.sightlinemg.com\/navytimes\/uncategorized\/2019\/02\/09\/immunity-granted-to-seven-seals-in-war-crimes-case\/"},"modified":"2026-08-08T19:31:47","modified_gmt":"2026-08-08T19:31:47","slug":"immunity-granted-to-seven-seals-in-war-crimes-case","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/navytimes\/news\/your-navy\/2019\/02\/09\/immunity-granted-to-seven-seals-in-war-crimes-case\/","title":{"rendered":"Immunity granted to seven SEALs in war crimes case"},"content":{"rendered":"\n

The U.S. Attorney\u2019s office has granted testimonial immunity<\/a> to seven SEALs tied to the war crimes case against Chief Special Warfare Operator Edward \u201cEddie\u201d Gallagher<\/a>, who is accused of executing a wounded Islamic State prisoner in Iraq in 2017.<\/p>\n\n\n\n

As cooperating witnesses for a general court-martial convened by Navy Region Southwest commander Rear Adm. Yancy B.”Lurch” Lindsey, they already had been sheltered from any future criminal charges that could be brought under the Uniform Code of Military Justice. <\/p>\n\n\n\n

In exchange for sworn testimony against Gallagher, the U.S. Department of Justice in Washington, D.C., has now extended that immunity to potential prosecution in civilian federal court<\/a>. <\/p>\n\n\n\n

\u201cDOJ immunity is neutral for the defense and the prosecution,\u201d said Navy Region Southwest spokesman Brian O\u2019Rourke. \u201cIt just means that it affords witnesses the chance for them to give their testimony unfettered.\u201d<\/p>\n\n\n\n

A large dossier of investigative and legal files provided to Navy Times revealed Friday that several SEALs have sought both testimonial and transactional immunity.<\/p>\n\n\n\n

While testimonial immunity would protect these SEALs on the witness stand from being charged for crimes they admit under oath to committing, it doesn\u2019t necessarily shield them from the testimony of others who also provide evidence in a courtroom. <\/p>\n\n\n\n

For example, a SEAL might concede that he violated a law in his testimony but still could be prosecuted because of the sworn statements of fellow witnesses or other corroborating evidence that was obtained independently from his his words in court.<\/p>\n\n\n\n

Transactional immunity<\/a> offers a SEAL blanket protection from future prosecution and it\u2019s routine for attorneys to seek both forms of protection for their clients.<\/p>\n\n\n\n

Because the SEALs are in operational teams or plan to return to deployable units, the military has asked Navy Times not to release their names.<\/p>\n\n\n\n

Prosecutors say that several of these SEALs have not only accused Gallagher of premeditated murder, but also could testify about a range of other alleged war crimes, including accusations that Gallagher used his sniper rifle to shoot at innocent civilians near Islamic State-controlled Mosul.<\/p>\n\n\n\n

Gallagher also is alleged to have threatened witnesses in an effort to cover up his misdeeds once SEAL Team 7 returned to California. <\/p>\n\n\n\t