Thomas in December 2021 asked a lower-court judge, Navy Cmdr. Shaw also commented that superiors on promotion boards would know “what you did,” according to Hardy’s summary. “Col Shaw then squared his shoulders to Capt Thomas and said ‘Capt Thomas, I know who you are and what cases you are on, and you are not protected,’” Hardy wrote. Christopher Shaw said in response to a question from Thomas about protections for judge advocates from outside influence that uniformed defense attorneys were “shielded” but “not protected,” according to Hardy’s summary of the events.
The issue before the Court of Appeals for the Armed Forces was whether a senior Marine judge advocate had engaged in unlawful command influence in November 2021 by making statements at a briefing for Marine defense attorneys at Camp Lejeune, North Carolina, that Gilmet’s lawyer, Marine Capt. Matthew Trollinger, not to set aside their drinking convictions.
In February, Negron and Draher were found not guilty of the most serious charges, including that of involuntary manslaughter, but guilty of violation of a lawful order for drinking at the bar in Iraq.Īlthough the jury opted not to punish the two Marines for their sole conviction, violation of a lawful order is still a felony whose consequences can carry over into civilian life.Īdvocates for the two men have voiced bitterness about a subsequent decision by the MARSOC commanding general, Maj.
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