Eddie Gallagher's SEAL Trident and the Commander in Chief

Presidential pardons are part of our justice system, like it or not. Presidential pardons are also a part of our political system, and may be used to score partisan points. That's just part of the deal.

Questions surrounding the case of Navy SEAL Eddie Gallagher, however, extends beyond a high-profile court martial and the justice system. There's also the matter of the chain of command to consider. President Donald Trump has stepped at multiple points during Gallagher's trial, often using Twitter to do so.

The President tweeted in March that he had ordered Gallagher be moved to "less restrictive confinement." He tweeted in July that the prosecution team would be stripped of medals they had received. He also tweeted support for Gallagher in July the day after he was acquitted.

Gallagher was acquitted of the most serious charges brought against him but convictions on other charges still led to his demotion. The CNO eventually reduced his demotion but still busted him down one rank, which was plenty controversial. Most recently, Trump restored his rank fully and returned his SEAL trident. The fallout has been swift, including the resignation of the Secretary of the Navy and

It's worth wondering whether the fallout could go further than that. Trump's decision to overturn the decision also goes against the CNO's decision and the order from Rear Adm. Collin Green, the commander of the SEALs, to strip Gallagher of his trident. Military officers at the flag level are used to politics playing a role in their job, but such a public reversal of their decisions may be more than they are comfortable with. That's to say nothing of the ethical implications and fallout from the international community; those are important issues that merit consideration in their own space.

A simple pardon might have been odious but palatable for some military commanders. The President remains Commander in Chief and he retains the right to overturn the orders of his military commanders, but doing so repeatedly and in so many different ways also threatens to destabilize the chain of command at some level. That shouldn't be lost in the discussion about the crimes, acquittal, and subsequent politicking.