Pentagon Chief Says He Was 'Flabbergasted' by Navy Secretary's Attempt to Make a Private Deal With Trump

By Dan Lamothe, The Washington Post

25 November 19

efense Secretary Mark T. Esper said on Monday he was “flabbergasted” that his Navy secretary tried to make a secret deal with the White House in which a Navy SEAL accused of war crimes could retire as a member of the elite force if President Trump stayed out of the case.

The offer by Richard V. Spencer, who was ousted by Esper on Sunday, contradicted what he had told Esper and other senior defense officials in recent days: that he was considering resigning if Trump forced the issue, Esper said.

Esper said that when he met with Army and Navy leaders a few weeks ago to discuss the cases of the SEAL, Chief Petty Officer Edward Gallagher, and two U.S. soldiers, they all agreed to rely on the military’s legal system and administrative processes.

But the defense secretary said he learned Friday from a senior White House official after meeting with Trump that Spencer had offered an alternative that he had not run by Esper, his superior at the Pentagon. Esper declined to name that White House official but said that Spencer was “forthright” about what he had done after the fact.

“This proposal was completely contrary to what we agreed to, and contrary to Secretary Spencer’s public position. Chairman Milley and I were completely caught off-guard, and realized that it had undermined everything we had been discussing with the president,” Esper said, referring to Gen. Mark A. Milley, chairman of the Joint Chiefs of Staff.

Trump intervened on behalf of Gallagher and the two other service members earlier this month despite opposition raised by military justice experts and some senior Pentagon officials. Trump did so after weighing his options and talking repeatedly with Pete Hegseth, an Army veteran and Fox News personality who advocated for the service members to the president, numerous people close to the process have told The Washington Post.

Spencer, in a letter to Trump obtained by The Post, did not mention any disagreement with Esper but said he has tried to ensure that legal proceedings were fair.

“Unfortunately it has become apparent that in this respect, 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,” Spencer wrote. “I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States.”

Spencer, speaking Saturday at the Halifax International Security Forum, denied that he had threatened to resign.

The defense secretary said Monday that he cannot reconcile Spencer’s comments, including in his termination letter, with his actions.

“This is my issue with trust and confidence,” Esper said. “I and General Milley and others had been acting on good faith and confidence with regard to rules and agreements we set forth. And then to find out that for some manner of time our position was being undermined and that at some point in time somebody in their chain of command might be asked to compromise their integrity and bend the rules? My view has been, let the process play itself out.”

Esper denied that he forced out Spencer before the Navy secretary could resign in protest of Trump intervening in Gallagher’s case.

“I wasn’t calculating a timing thing,” he said. “It was based on the events I just laid out to you.”

Esper said he told Trump on Saturday that he would ask for Spencer’s resignation and that the president supported his decision. On Sunday, Trump directed Esper to allow Gallagher to retire as a SEAL, and Esper said he would do so.

“While I believe strongly in process, the issue should not now be thrown into the laps of a board of senior [enlisted sailors] to sort out,” Esper said. “As professional as they are, no matter what they would decide they would be criticized from many sides, which would further drag this issue on, dividing the institution. I want the SEALs and the Navy to move beyond this now, and get fully focused on their war-fighting mission.”

Esper said the Gallagher case has “dragged on for months, and it has distracted too many.”

“If folks want to criticize anyone about reaching down into the administrative processes, then simply blame me,” he said. "I’m responsible at this point. It’s not where I prefer to be, but I’ll own it.”