Lt. Col. Stuart Scheller was given a conditional release from the military jail at Camp Lejeune, North Carolina, on Tuesday, pending a court-martial, lawyers for the family have confirmed with Newsmax.
Washington Times Pentagon reporter Mike Glenn, a Persian Gulf War veteran, originally tweeted:
"BREAKING: Lt. Col. Stuart Scheller has been released from the brig at Camp Lejeune, NC pending courtmartial. The USMC combat vet was taken into custody after publishing several social media posts critical of US military/gov't leaders over Afghan withdrawal"
Scheller will be released from pretrial confinement, charges have been filed against him, and he will face them at a court-martial, lawyers confirmed.
"An IRO hearing was scheduled to review Lt. Col. Stuart Scheller's pretrial detention at 1:30 p.m. today," according to a statement to Newsmax. "The Marine Corps refused to provide an open hearing or to record the hearing. Media outlets objected and asked that the hearing be delayed to allow for action in federal court.
"Prior to the hearing, the Marine Corps agreed to release Lt. Col. Scheller pending trial by court-martial.
"Lt. Col. Scheller remains subject to the unlawful gag order previously issued by his commander Col. David Emmel. Lt. Col. Scheller has submitted a request for redress regarding the unlawful order to his command. The command has not yet replied to the request.
"Lt. Col. Scheller has submitted a request for resignation of his commission in lieu of trial to the Secretary of the Navy. Numerous members of Congress have urged the Secretary to accept his request."
Scheller is accused of violating a gag order by repeatedly posting calls for accountability from the Biden administration's military leaders in connection with the recent withdrawal of U.S. troops from Afghanistan. Critics have called the pullout abrupt, chaotic and ill-conceived.
During the evacuation operation under CENTCOM Commander Gen. Kenneth McKenzie, 13 U.S. service members were killed by an ISIS-K suicide bombing outside the Taliban-controlled Kabul airport.
Scheller sought to resign honorably from the Marines, but the time-consuming process left him stripped of his command.
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