How the Navy’s Top Commander Botched the Highest-Profile Investigation in Years

On Wednesday, the Navy said it was abandoning all remaining criminal charges against sailors involved in fatal accidents in the Pacific. Here’s how the actions of the chief of naval operations helped doom the cases.

by T. Christian Miller and Robert Faturechi April 11, 12:06 p.m. EDT

WASHINGTON — Lt. Cmdr. Jennifer Pollio could not believe what she was hearing from the Navy’s top officer.

It was Jan. 25, 2018, and Adm. John Richardson, chief of naval operations, was addressing an auditorium filled with Navy attorneys. One officer asked a question that touched on a sensitive topic: two collisions of warships in the Pacific in the summer of 2017 that left 17 sailors dead in the Navy’s worst maritime accidents in decades.

The Navy had recently announced that it would criminally prosecute the captains of the vessels and several crew members for negligence leading to the fatal accidents. The questioner wanted to know whether officers now had to worry about being charged with a crime for making what could be regarded as a mistake.

Richardson answered by saying that he could not discuss pending cases. As a bedrock principle of military law, commanders cannot signal a preferred outcome. But then, almost as an afterthought, he attempted to reassure the man that the collisions were no accidents.

“I have seen the entire investigation. Trust me, if you had seen what I have seen, it was negligent,” Richardson told the audience, according to court records.

Pollio, a Navy attorney, was alarmed. It appeared to her that Richardson had effectively pronounced guilt before trial. And he had done so in public, in front of an audience whose members could conceivably participate in the military’s judicial proceedings.

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