Trump Considering Pardon for War Crimes
HILL: Our national lead now. He's charged with stabbing and killing an injured man, among other war crimes, all while serving as a Navy SEAL overseas. Now "The New York Times" reports President Trump is considering a pardon for chief Edward Gallagher. CNN can confirm the Department of Justice Pardon Office asked for files on Gallagher and another service member accused of murder. As CNN's Barbara Starr reports, some former military members are now warning the president to reconsider.</s>BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): President Trump is considering pardoning military members accused of what may amount to war crimes. The Pentagon suddenly was asked to send case files to the Justice Department Pardon Office for at least two service members accused of murder, including Navy SEAL Edward Gallagher and Army Major Matt Golsteyn, several U.S. officials tell CNN. "The New York Times" was the first to report the possible pardons, which some battlefield veterans say is a terrible idea.</s>WAITMAN BEORN, U.S. ARMY VETERAN: This is not even a fog of war, you know, judgment call kind of situation, bullets are flying. These are premeditated, cold-blooded murders. And it gives everyone a bad name, every veteran that served.</s>STARR: Gallagher, who is awaiting trial, is accused of stabbing and killing an unarmed detainee in Iraq and then posing for a photo holding the dead man's head. He's also accused of shooting a young girl and an unarmed older man and bragging in text messages about his activities. Gallagher, who denies all charges, was turned in by members of his own unit. Trump in March ordered Gallagher moved to less restrictive confinement. Now he could be pardoned even before a potential conviction. Golsteyn's case is also being reviewed. He is facing a court-martial for allegedly killing a suspected bomb-maker in Afghanistan in 2010. In December, President Trump tweeted he would get personally involved, calling Golsteyn a U.S. military hero. "The Washington Post" reported that, in a CIA job interview, Golsteyn admitted to killing the released detainee, believing he would conduct more attacks. His lawyer says it was an authorized mission. His wife says he is being victimized.</s>UNIDENTIFIED FEMALE: There are so many sinister actors at play.</s>STARR: If President Trump approves the pardons, they could come as soon as Memorial Day, the day set aside for honoring those who have died while serving in the armed forces.</s>COL. CEDRIC LEIGHTON (RET.), CNN MILITARY ANALYST: If troops that are on the front lines actually think that they will get a pardon for behaving badly, for violating the rules of armed conflict, for, in essence, committing war crimes, then we really are opening up a real terrible potential here.</s>STARR: And so far today, silence from the Pentagon, not officially commenting on any of this at all. In fact, an aide to acting Defense Secretary Patrick Shanahan says Shanahan, for now, has no plans to get involved in any of it -- Erica.</s>HILL: Barbara Starr with the latest for us. Barbara, thank you. I want to bring in now retired Lieutenant General Mark Hertling, who served 37 years in the Army. He is now a CNN military analyst. And you have a new opinion piece up on CNN.com. And in that piece, General, you say that these pardons would be, in your view, not only immoral, but also dangerous. Why?</s>LT. GEN. MARK HERTLING (RET.), CNN MILITARY ANALYST: Extremely, Erica. And what I'm saying is because this is more than just the execution of a criminal act. We're talking about the violation of the laws of land warfare, the disobedience of legal orders, the ignoring of ethical and professional standards that are upheld by the military. And it would create unbelievable discontent within the ranks. This is something where you have to be concerned regarding good order and discipline. And, unlike in many cases, where you're applying a pardon to a criminal act from the chief executive of the United States, the president, in this case, the president is also the commander in chief of the armed forces. So he is, in fact, undercutting the rules and regulations that contribute to good order and discipline in the military. And that, to me, is anathema, and it's immoral, because these acts are not the acts of patriots. We train soldiers and military personnel before they go to war. In fact, from the very first day they enter basic training, they're trained on these kinds of rules that contribute to good order and discipline, but they're also trained to ensure that dignified and unified and trustworthy units don't turn into mobs and using gang violence. As soon as you do that as a commander of forces -- and I had to relieve some commanders in combat because I thought they were going over the edge in some of these areas. If you lose control of your forces, you no longer are a military force, you're just a mob.</s>ERICA HILL, CNN ANCHOR: You mentioned if the president were to follow through this, you think he'd be undercutting the rules and regulations. Is he also undercutting the moral authority of the American military?</s>HERTLING: Absolutely. And he is the moral authority as the commander in chief so he is certainly undercutting that. And there would be a huge -- you know, I can't state this more emphatically. There would be an unbelievable blowback from the vast majority of veterans and I'm sure of that based on some feedback I've seen from the ranks and from senior soldiers.</s>HILL: Certainly not the last we have heard about this. Lieutenant General Mark Hertling, always good to speak with you. Thank you.</s>HURTLING: Thank you, Erica.</s>HILL: Iran today pushing back on President Trump's tough talk of the response to the President's fire and fury like tweet next.