On Thursday, 33 House Representatives sent a letter to Marine Corps commandment demanding that LTC Stuart Scheller be released from his pretrial confinement after he was placed in a brig for violating a gag order.
In the letter, penned by Rep. Louie Gohmert, he states that "Rule for Court Martial (R.C.M.) 305 (h)(2)(B), outlines that within 24, 48, and 72 hours of confinement, the service member's commander must make a determination or show just cause that it is reasonable foreseeable that the service member: will not appear at trial, pretrial hearing, or investigation, or will engage in serious criminal misconduct, and that lesser forms of restraint are inadequate."
In a letter to the U.S. Marine Corps Commandant, my colleagues and I have asked that LTC Stuart Scheller be released from pretrial confinement: pic.twitter.com/vTSBXTvKvh
— Louie Gohmert (@replouiegohmert) September 30, 2021
"In fact, this confinement appears to be simply for messaging, retribution, and convenience in flagrant violation of R.C.M. 305 (h)(2)(B) 'a person should not be confined as a mere matter of convenience,'" the letter continued.
Gohmert stated that "for the above reasons, we urge you to use your considerable authority to correct this misapplication of law and immediately remove LTC Scheller from his confinement."
The letter states that due to Scheller's 15 years of service in the military, "we do not believe and have seen no evidence that LTC Scheller poses a grave risk of criminal misconduct."
At the end of August, Scheller posted a video on social media criticizing the chaotic withdrawal from Afghanistan and demanding accountability from leadership. For that video, Scheller was relieved from his position.
According to a September 25 Facebook Post, Scheller stated that he had been ordered not to post on social media of any form.
"Effective immediately upon your receipt below, you are hereby ordered to refrain from posting any and all material, in any form without exception, to any social media. In this context, the term 'social media' shall be construed very broadly to include any medium by which you may share information with groups of people…," the post read.
On September 27, Scheller was arrested and placed in military brig for violating gag orders.
Scheller's parents told Fox News host Tucker Carlson on Wednesday evening: "He knew this weekend when he posted again and he broke his silence that they were probably going to arrest him. He is a very intelligent man. He understands what's going to happen to him."
Later in the evening, the couple spoke to Fox News host Laura Ingraham, during which Scheller Sr. said, "Our son called for accountability. Throughout the hearing today I don't feel like they accepted accountability. I am extremely disappointed. It's no coincidence in my opinion that they put a gag order on [Stuart Jr.] and they put him in prison the day before they had to appear in front of senators — and tomorrow in front of congressmen."
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