SecDef to SEALS, Navy: Chain of Command: Who Is the Boss

Esper Asks SEALs, Navy to Focus on Standards, Ethics

NOV. 25, 2019 | BY C. TODD LOPEZ

Defense Secretary Dr. Mark T. Esper said he wants the Navy and the SEALs to focus now on professionalism and ethics following the resignation of Richard V. Spencer as Navy secretary.

“I want the SEALs and the Navy to move beyond this now and get fully focused on their warfighting mission, and I also want them focused on resetting their professional standards, ethics and conduct,” Esper said Monday at the Pentagon. “These two issues are related and I know the service has plans to address this head-on.”

Esper said he asked for Spencer’s resignation because he had lost trust and confidence in Spencer, citing several rules of conduct for defense leaders that he said Spencer had violated. 

Among those rules is a respect for the chain of command, supporting an agreed-upon decision in both public and private, being willing to resign if you don’t like an agreed-upon position, and refraining from discussing “sensitive internal deliberations.”

“Secretary Spencer broke these rules and, thus, lost my trust and confidence,” Esper said.

The resignation came after Esper learned the Navy secretary had been working on a proposal different from one Pentagon leaders previously agreed upon regarding Eddie Gallagher, a Navy SEAL. Esper said he learned of that deal after meeting Saturday with President Donald J. Trump at the White House.

“We learned that several days prior, Secretary Spencer had proposed a deal, whereby, if the president allowed the Navy to handle the case, he would guarantee that Eddie Gallagher would be restored to rank, allowed to retain his Trident, and permitted to retire,” Esper said. “This proposal was completely contrary to what we agreed to, and contrary to Secretary Spencer’s public position.”

He and Chairman of the Joint Chiefs of Staff Gen. Mark A. Milley had been “completely caught off guard by this information, and realized that it had undermined everything we had been discussing with the president,” Esper said.

On Sunday, Esper contacted Spencer to ask for his resignation.

“He took it in stride and said he would have a letter to me in 30 minutes, and he did,” Esper said.

Currently, Thomas B. Modly, the undersecretary of the Navy, is serving as the acting secretary. Esper said both Modly and Chief of Naval Operations Adm. Mike Gilday “are capable leaders and I am confident in their ability to lead the Navy.”

Esper said the president told him on Sunday that Gallagher will keep his Trident. He is expected to retire at the end of the month.

STAFF: This is going to be on the record, obviously off-camera. We’ll take a handful of questions afterward. And then anything as far as timeline specifics, you can follow up with Jonathan and I afterwards. We also want to keep it on-topic. We’ve had to push back his schedule, like, two hours today to do this, so just on topic.

SECRETARY OF DEFENSE MARK T. ESPER: Okay? Good morning, everyone. I’m going to read a long statement, and then we’ll — because I want to get the — some things out to you, and then we’ll take the Q&A.

As you all know, yesterday, I asked Secretary of the Navy Spencer for his resignation, and I received it.

The reason behind this request was simple. There are some basic rules that I was taught to live by during my time in the military. Many in the civilian world also abide by these same rules. When followed, these rules help make for more effective, cohesive and trusting teams. These rules are very straight forward and fairly well-known.

First, we have a chain of command that should be followed and that chain of command must be kept informed.

Second, once we agree on a position we stick to it and support it both in private and public.

Third, if you don’t like that position then simply resign, otherwise implement it as if you would implement any other order. 

Fourth, we don’t discuss sensitive internal deliberations.

And, fifth, we are responsible for our organizations and whatever they say and do or don’t say and don’t do.

Secretary Spencer broke these rules, and thus lost my trust and confidence.

Contrary to the narrative that some want to put forward in the media, this dismissal is not about Eddie Gallagher. It’s about Secretary Spencer and the chain of command.

When I met with the Army and Navy leadership a couple weeks back to discuss the cases of Lieutenant Lorance, Major Golsteyn and Chief Gallagher, we affirmed our support for the UCMJ in allowing processes to play themselves out. We also recognized that the commander in chief has certain constitutional rights and powers which he is free to exercise. As many presidents have done in the past. Again, these are constitutional powers.

Over the past few weeks, I spoke with the president on several occasions about these cases. I returned from an eight-day trip from Asia on Thursday night, and met with the president on Friday. I was joined by General Milley. We discussed many issues, including these cases.

Our position about allowing processes to play out remain unchanged and consistent with what we agreed to previously with Army and Navy leadership. 

After the meeting, we learned that several days prior, Secretary Spencer had proposed a deal whereby if the president allowed the Navy to handle the case, he would guarantee that Eddie Gallagher would be restored to rank, allowed to retain his trident and permitted to retire.

This proposal was completely contrary to what we agreed to, and contrary to Secretary Spencer’s public position. Chairman Milley and I were completely caught off-guard by this information, and realized that it had undermined everything we had been discussing with the president. It had broken the rules that I mentioned earlier.

I immediately called Secretary Spencer about this matter. He was completely forthright in admitting what had been going on. I spoke with the president late Saturday, informed him that I had lost trust and confidence in Secretary Spencer, and I was going to ask for Spencer’s resignation. The president supported this decision.

On Sunday afternoon, I called Secretary Spencer and asked for his resignation, and then explained the reasons why, which were consistent with what I just laid out to all of you. He took it in stride and said that he would have a letter to me within 30 minutes, and he did.

I called Acting Secretary Modly and CNO Admiral Gilday and informed them. The three of us met this morning to discuss this matter in more detail and to chart the way ahead. These two men are capable leaders and I am confident in their ability to lead the Navy.

We all agreed the department must move beyond the issue of any one individual and focus on the institution and the mission.

The case of Eddie Gallagher has dragged on for months, and it’s distracting too many. It must end. Eddie Gallagher will retain his trident as the commander in chief directed, and will retire at the end of this month.

It is also my view that while I believe strongly in process, the issue should not now be thrown into the laps of a board of senior NCOs to sort out. As professional as they are, no matter what they would decide, they would be criticized from many sides, which would further drag this issue on, dividing the institution.

I want the SEALs and the Navy to move beyond this now and get fully focused on their warfighting mission. And I also want them focused on resetting their professional standards, ethics and conduct. These two issues are related. I know the service has plans to address this head-on.

On this last point, I want to note that I visited with General Rich Clarke at SOCOM two to three months ago. He and I had a long discussion, which I raised, about the professional ethics and standards in the special ops community. This is an ongoing discussion, and I have great confidence in him and the special ops leadership to do the right thing.

Finally, I asked the DOD general counsel this morning to review how the department educates and trains our service members about wartime ethics and the laws of armed conflict, and how we monitor, investigate, report and adjudicate our adherence to them. I look forward to his findings and his recommendations.

So if folks want to criticize anyone at this point about reaching down into the administrative processes, then simply blame me. I’m responsible at this point. It’s not where I prefer to be, but I’ll own it.

Let me finish where I began. I asked for Secretary Spencer’s resignation because of the loss in trust and confidence after what transpired these last several days. I met with my senior staff this morning, after meeting with Acting Secretary Modly and Admiral Gilday, and had a good discussion about this matter.

My bottom-line message was straightforward: Follow the rules, abide by the norms we all grew up with, stick to the principles that make for an effective institution, honor the chain of command and focus on the mission.