BLUF: LtCol Scheller plead guilty to five charges at Special Court Martial. His agreed upon deal requires no jail time. His resignation will be accepted after pleading guilty.
Charge I Contempt: I am guilty.
Why do you think you are guilty for Spec I:
I believed the Secretary of Defense made decisions that led to the failed withdraw of Afghanistan. Because I expressed his incompetence publicly, and since according to the UCMJ, truth or falsity of the statement is immaterial, I believe I am guilty of the charges.
How do you know these comments were heard outside a private setting?
Because many goldstar families, junior enlisted Marines, and Congressman reached out in support of my statements.
Why did you think you are guilty for Spec II?
Because in the statement General Berger made to the Force dated 17 August, I believed he illustrated a lack of understanding. I didn’t think he understood why the junior service members were frustrated following the failed Afghanistan withdraw. I believed his failure to diagnose the correct problem would ultimately lead to a higher suicide rate amongst Service Members and decreased combat effectiveness of the Marine Corps. And saying so in a public forum was disrespectful.
How do you know these comments weren’t political?
I have stated many times that this is about Americans and not about divisions, to include Republican and Democrat. This is about accountability of my senior leaders. Not about politics.
Charge II Disrespect of a Senior Officer: I am guilty.
Why do you think you are guilty of Spec 1 – 3:
I believed General Officers failed to hold themselves accountable. I made what I believed to be true statements of their incompetence. It is disrespectful to point out their professional failures. Doing so detracts from the respect their positions demand.
Why do you think you are guilty of Spec 4:
I told Col Emmel to have the MPs waiting for me. It is disrespectful to tell my commanding officer how to discipline me in a public setting. Doing so detracts from the respect his position demands.
How do you know these comments were heard outside a private setting?
Because many goldstar families, junior enlisted Marines, and Congressman reached out in support of my statements.
Charge III Willfully Disobeying a Superior Commissioned Officer: I am guilty.
Why do you think you are guilty?
I willfully disobeyed an order to tell hard truths. I believed the scope of the order was trying to prevent me from posting content that would bring discredit to the Marine Corps, which I chose to ignore.
Why did you do this?
A message of accountability was more important than the lawfulness of my behavior. I chose to speak out knowing it is unlawful in an effort to illustrate the hypocrisy of my senior leaders.
Charge IV Spec I, Dereliction in the Performance of Duties: I am guilty.
Why do you think you are guilty?
I adversely impacted good order and discipline by posting to social media with what I perceived about my senior leader’s incompetence.
Charge IV Spec II, Failure to Obey Order or Regulation:
Why do you think you are guilty?
I appeared in uniform and stated that I had partnered with a non-profit to raise money for my family after I willingly gave up my retirement and benefits. I believe my actions were not in conformity with orders governing the wear of the military uniform.
Charge V, Conduct Unbecoming:
Why do you think you are guilty?
I have called for accountability of my senior leaders since the beginning, but I can acknowledge how MY actions were not conducted in a gentlemanly manner, and do not align with the expectations of an officer.
Do you understand the seriousness of this charge?
I gave up my marriage, retirement, and freedoms to make these statements. Yes, I am aware this is serious.