## Facts

- United States Navy Special Operations Chief Edward Gallagher was charged with multiple violations of the Uniform Code of Military Justice (UCMJ) based on alleged misconduct during a 2017 deployment to Iraq with a naval special-warfare unit.
- The charges included a premeditated murder allegation arising from an incident in which Gallagher was accused of stabbing a wounded captive who was under Gallagher’s care.
- Gallagher was also charged with misconduct tied to alleged unofficial photographs taken with a corpse, alleged as conduct that would discredit the armed forces.
- Gallagher pleaded not guilty, and the matter proceeded to trial before a Department of the Navy general court-martial.
- After trial, the court-martial returned mixed findings, finding Gallagher not guilty of the most serious allegations (including the charged premeditated murder) while finding him guilty of an offense related to posing for photographs with a human casualty.
- The case is identified in military records by the Navy serial designation Ser N00/19UI000067 (2019).

## Issues

1. Whether the government proved beyond a reasonable doubt that Gallagher committed premeditated murder and the other charged UCMJ offenses based on his alleged actions during the 2017 Iraq deployment.
2. Whether Gallagher’s alleged conduct in posing for unofficial photographs with a corpse constituted a punishable UCMJ offense as conduct prejudicial to good order and discipline and/or of a nature to bring discredit upon the armed forces.

## Decision

- The general court-martial found Gallagher not guilty of the charged premeditated murder offense.
- The general court-martial acquitted Gallagher of most other serious charged offenses arising from the deployment.
- The general court-martial convicted Gallagher of an offense based on wrongfully posing for a photograph with a human casualty (a service-discrediting/Article 134-type offense).
- The court-martial imposed sentence based on the conviction (with punishment including, at minimum, a reduction in rank and confinement as reported in public accounts of the trial).

## Legal Principles

- The prosecution in a court-martial must prove each element of each charged UCMJ offense beyond a reasonable doubt to obtain a conviction.
- A general court-martial may return mixed findings, acquitting on some specifications while convicting on others based on the evidence admitted and the members’ determinations.
- Premeditated murder under the UCMJ requires proof of an unlawful killing with premeditation; failure to prove the elements beyond a reasonable doubt requires acquittal.
- Conduct charged under Article 134 (or a closely related theory) generally requires proof that the conduct was prejudicial to good order and discipline and/or was of a nature to bring discredit upon the armed forces, along with any additional elements stated in the specification.
- A not-guilty plea places all elements in dispute and requires the factfinder to assess credibility, resolve conflicts in testimony, and apply the reasonable-doubt standard to each charged offense.

## Conclusion

United States v. Gallagher, Ser N00/19UI000067 (2019) concerns a Navy general court-martial of Special Operations Chief Edward Gallagher for alleged UCMJ violations during a 2017 Iraq deployment, including an allegation of premeditated murder and misconduct involving unofficial photos with a corpse; Gallagher pleaded not guilty, was acquitted of the murder charge and most other serious charges, and was convicted of an offense tied to posing for a photograph with a human casualty, with sentence imposed on that conviction.
