Rosenbloom took those sanctions off the table. In a series of letters to Scott and other Ferguson clients who might be called by prosecutors or defense attorneys, Naval Special Warfare Group 1 commodore Capt. That’s because, before the trial, Ferguson sought assurances from Scott’s SEAL commanders that they wouldn’t reprise against him for anything he said during the proceedings. (photo provided)Īnd Scott also likely will escape administrative sanctions. Navy SEALs and Iraqi troops look at a young Islamic State fighter prosecutors say was murdered by Special Warfare Operator Chief Edward “Eddie” Gallagher. Testimonial immunity safeguards a witness from his or her words being used later in a prosecution, but it doesn’t shield someone from what other witnesses say or other evidence uncovered by investigators.Īlthough his Texas-based attorney Brian Ferguson ― an Air Force Reserve major who took Scott’s case free of charge - continued to push for transactional immunity, which would have extended Scott’s protection from prosecution to any evidence against his client, Navy and Department of Justice officials balked at granting it. Department of Justice granted him testimonial immunity to hurdle his Fifth Amendment protections and force him to talk to investigators and later testify in court. 11 reinterview session with them, a policy he vowed to continue on the stand to protect his Fifth Amendment right against self-incrimination. But Scott told prosecutors and Naval Criminal Investigative Service agents that he didn’t want to participate in the trial and later threatened to remain silent during a Feb.
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