Chief Eddie’s Article 32 was held on November 14, 2018.
Despite being scheduled as a Public Hearing, the other American Heroes and Patriots who showed up to support Chief Gallagher were immediately told to disperse. The few that had made entry early on were told to vacate their seats for the Media and NCIS members.
The purpose of the Article 32 is merely a probable cause hearing. In the civilian word it’s called a grand jury. In the civilian world the prosecutors take evidence before a grand jury to decide if there is some competent evidence to believe a crime has been committed and that the accused committed it. In the civilian world the accused doesn’t even know that the grand jury is taking place. They have no right to be there, to have an attorney be there, to present any evidence, or anything.
In the military, the accused knows about the charges in advance and gets to go to the hearing and to present evidence at the hearing, but his rights to present evidence, while greater than in the grand jury system, are still very little.
The only purpose of the hearing is to determine whether there is probable cause to believe a crime has been committed and that the accused committed it. Probable cause is a very low standard. It is the same standard that a police officer needs to arrest someone or to get a search warrant from a judge.
Only in extraordinary circumstances does the case get stopped and end at the article 32.
It really exists merely as an opportunity for the prosecutors to show the public their evidence, which they try to exaggerate and aggrandize, and to a lesser extent an opportunity for defense to call bullshit on them.