The Navy announced Wednesday it will no longer pursue action against three SEALs involved in the Eddie Gallagher case, allowing them to keep their Tridents.
Acting Navy Secretary Thomas Modly directed chief of naval operations Adm. Michael Gilday to “terminate” the Trident reviews of Lt. Jacob Portier, Lt. Thomas MacNeil, and Lt. Cmdr. Robert Breisch.
“Given the unique circumstances of these three remaining cases, I have determined that any failures in conduct, performance, judgment or professionalism exhibited by these officers be addressed through other administrative measures as appropriate, such as letters of instruction or performance observations on their officer fitness reports,” Modly said in a statement obtained by the Washington Examiner.
Portier, Gallagher’s former commander, was informed of the decision by his chain of command on Wednesday, according to his lawyer Jeremiah Sullivan.
“Lt. Portier is extremely thankful. It’s good timing for Thanksgiving and he’s always honorably and faithfully served our country overseas and in combat,” Sullivan told the Washington Examiner. “It’s going to be an extra special Thanksgiving for him and his family.”
Portier was Gallagher’s commander during a 2017 deployment to Iraq, when Gallagher was alleged to have committed war crimes. Gallagher was found not guilty of most of the crimes in July, but he was convicted of taking a picture with the corpse of an ISIS fighter he was accused of killing. Green had initially planned to pull Gallagher’s Trident, but President Trump intervened on Gallagher’s behalf. The situation ultimately led Secretary of Defense Mark Esper to fire Navy Secretary Richard Spencer on Sunday after Spencer attempted to broker a deal with the White House that would allow Gallagher to keep his Trident and allow the review process to proceed.
Green has spent the last several months trying to clean up the SEAL community’s image after the fallout from the Gallagher case and other scandals. Gallagher filed an inspector general complaint against Green last week in which he accused the admiral of flouting Trump’s orders and conspiring to pull his Trident.
Echoing Esper’s comments on Monday, Modly said it is time for the SEAL community to move on.
“The United States Navy, and the Naval Special Warfare Community specifically, have dangerous and important work to do,” he said. “In my judgment, neither deserves the continued distraction and negative attention that recent events have evoked.”
