Lt. Col. Stuart Scheller released from pretrial confinement, charges still filed against him

The Pipe Hitter Foundation, founded by Navy SEAL Eddie Gallagher, has raised over $2.5 million to help Marine Lt. Col. Stuart Scheller in his case.

Scheller was put into confinement for publicly criticizing the U.S. withdrawal from Afghanistan on a video that was quickly seen by millions of people.

The Pipe Hitter Foundation announced Tuesday that Scheller will be released from pretrial confinement, but charges have been filed against him.

Scheller will face charges at a court martial.

Eddie Gallagher’s brother and current CFO of the Pipe Hitter Foundation, Sean Gallagher, joined KUSI’s Ginger Jeffries on Good Evening San Diego to discuss the most recent update to Scheller’s situation.

Scheller’s legal team supplied the Pipe Hitter foundation with the following update:

An IRO hearing was scheduled to review LtCol Stuart Scheller’s pre-trial detention at 1:30 pm today.

The Marine Corps refused to provide an open hearing or to record the hearing. Media outlets objected and asked that the hearing be delayed to allow for action in federal court.

Prior to the hearing, the Marine Corps agreed to release LtCol Scheller pending trial by court martial.

LtCol Scheller remains subject to the unlawful gag order previously issued by his commander Col David Emmel. LtCol Scheller has submitted a request for redress regarding the unlawful order to his command. The command has not yet replied to the request.

LtCol Scheller has submitted a request for resignation of his commission in lieu of trial to the Secretary of the Navy. Numerous members of Congress have urged the Secretary to accept this request.

LtCol Scheller appreciates the support of the American people, his legal team, family and friends who have stood by him, the @pipe_hitter_foundation and the Marines.”

 

EARLIER STORY: The Pipe Hitter Foundation raising money to help U.S. Marine relieved of duty over viral video

Charges posted on Pipehitter Foundation:

This is under the UCMJ and it is all speech related offenses.

Article 92 Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.

Article 88 Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

Article 90 Any service member who is found guilty of willfully disobeying, striking or threatening his superior commissioned officer while said officer is executing the orders of his or her command will be subject to punishment under Article 90 of the UCMJ.

Article 133 Conduct Unbecoming an Officer and a Gentleman – is an offense with deep roots in military history and the original Articles of War.

The elements of the offense are:
That the accused did or omitted to do certain acts; and,
Under the circumstances, the acts or omitted acts constituted conduct unbecoming an officer and gentleman.

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