Rep. Louie Gohmert (TX-01) led the following letter to the U.S. Marine Corps Commandant in support of Lt. Col Stuart Scheller. He was joined by 32 of his colleagues in calling for the release of Lt. Col. Scheller from pretrial confinement.

General David H. Berger
Commandant of the Marine Corps
Headquarters, US Marine Corps
3000 Marine Corps, Pentagon
Washington, DC 20350-3000

Major General David J. Bligh
Staff Judge Advocate to the
Commandant of the Marine Corps
Headquarters, US Marine Corps
3000 Marine Corps, Pentagon
Washington, DC 20350-3000

Re: removal of Lieutenant Colonel (LTC) Stuart Scheller from pretrial confinement.

The purpose of this letter is to request an expedited review and removal of LTC Scheller from pretrial confinement.

As you know, 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 reasonably 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 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.” Furthermore, R.C.M. 305(h)(2)(B) also states that LTC Scheller should be accommodated in the “less serious forms of restraint.” 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.

Given his excellent record and more than 15 years of dedicated service, we do not believe and have seen no evidence that LTC Sheller poses a grave risk of criminal misconduct. It is our understanding that some member offices have emailed the governments counsel Mr. Troy Campbell with no response or feedback on the upcoming reevaluation hearing. It is imperative that Members of Congress be afforded an opportunity to conduct their oversight duties with respect to military justice. For the aforementioned reasons we request that LTC Scheller be released from pretrial confinement and be housed in the least restrictive form of housing.

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