US defence secretary said president gave him instruction for officer accused of war crimes to retain his right to wear Trident pin

This article is more than 9 months old

This article is more than 9 months old

Donald Trump issued a direct order to halt disciplinary measures against a Navy Seal officer accused of war crimes in Iraq, the US defence secretary has revealed.

Mark Esper said the president gave him an instruction on Sunday for Navy Chief Petty Officer Edward Gallagher to retain his right to wear the Trident pin, the insignia of the elite Navy Seal unit, reversing a demotion by a navy disciplinary board.

However, Esper added, Gallagher would retire at the end of the month.

Trump defended his decision on Monday, describing Gallagher as a “warrior” and claiming he had been treated unfairly compared to other soldiers who had deserted or disclosed military secrets.

Gallagher was acquitted of a murder charge related to the 2017 stabbing of an Isis militant in Iraq, but was found to have posed for a “trophy” photo with the corpse. Trump had called for him to retain his Trident pin on Twitter, and Esper confirmed that the tweet was followed a formal order.

While taking responsibility for carrying out Trump’s instructions for Gallagher to avoid disciplinary action, Esper signalled he was uneasy with the decision, saying he would prefer not to have been put in the situation.

“The president is the commander-in-chief. He has every right, authority and privilege to do what he wants to do,” Esper told journalists on Monday. “If folks want to criticize anyone at this point for reaching down into administrative processes, simply blame me. I’m responsible at this point. It’s not where I prefer to be but I’ll own it.”

Esper also defended his decision to fire the navy secretary, Richard Spencer, on Sunday, after Spencer had resisted pressure from Trump to intervene in the Gallagher case.

Conservative commentators on Fox TV, one of Trump’s main sources of information, have portrayed Gallagher as a victim of injustice. One of the Navy Seal’s lawyers, Marc Mukasey, also works for the Trump Organization, the president’s business empire, CNN reported.

US navy secretary fired over handling of Seal war crimes case Read more

In a letter released on Sunday, Spencer pointedly did not resign, saying instead: “I hereby acknowledge my termination,” adding: “I no longer share the same understanding with the commander-in-chief who appointed me, in regards to the key principle of good order and discipline.”

Esper said that Spencer had threatened to resign if Gallagher was not disciplined, but that he later found out that the navy secretary had tried to make a deal with Trump over the case, in conflict with the agreed position of the Pentagon, and without telling Esper.

“Chairman [of joint chiefs of staff] Milley and I were completely caught off-guard by this information, and realized that it had undermined everything we had been discussing with the president,” the defence secretary told journalists.

“I lost trust and confidence when I found that this secret proposal was happening …… that he was willing to undermine this process.”

It was reported in the Washington Post on Sunday that Spencer had proposed to Trump an arrangement by which Gallagher would retire at the end of the month with a honourable discharge and his Trident pin, avoiding presidential interference in the Seal disciplinary review process. It is the same outcome that Esper announced on Monday.

When a reporter suggested it made no sense for Spencer to try to make a deal for Gallagher to keep his pin, but threaten to resign if that happened, Esper agreed.