In the Media:
Gary Barthel, a retired Marine lieutenant colonel and a civilian lawyer who has represented troops in military and civil legal cases said the policy acts as a force protection measure to prevent sensitive military information disclosures.
“The changes are not likely to have any impact on a nonmarried or Democratic veteran from receiving care and if a care provider refused to provide care because of a veteran’s political affiliation or marital status, they likely would be disciplined for doing so and could lose their license to practice.”
Active-duty Marines deployed to the Los Angeles area to protect federal buildings and personnel amid protests there are authorized to temporarily detain people “if threatened” or “otherwise harassed” before turning them over to civilian law enforcement, according to two defense officials.
“In my professional opinion, this is not a situation that warrants calling in active-duty Marines,” Gary Barthel, a retired lieutenant colonel who served 20 years with the U.S. Marine Corps, told LAist. Barthel is also managing partner of the Military Law Center in San Diego.
Former US Marine Corps officer Gary Barthel, managing partner of the Military Law Center in California, said it was unusual to send the Marines when a situation had not been officially deemed an insurrection.
“That’s what kind of adds to the problem,” Barthel said. “You’ve got commanding officers who are not attorneys or prosecutors, who are trying to make decisions on cases like this,” unlike the civilian sector with authorities such as a district attorney.
Once the convening authority approves an agreement worked out by the parties, it is generally considered a “done deal.” Austin could have withheld the case from her authority earlier and brought it to his level to handle issues himself, Barthel said, but instead he just “issued an edict that said these plea agreements are improper.”
“The command[ing officer] is free to charge him with other offenses that he was not charged with in federal district court,” said Gary Barthel, an attorney and founder of the Military Law Center, a firm that specializes in military cases.
“Obviously, the civilian courts cannot award [a dishonorable discharge] and that effectively would ban him from ever re-enlisting or joining the military again,” Barthel explained. The punitive action would also bar him from possessing a gun.
“Any time that a U.S. attorney’s office wants to add an additional charge or charges in a specific case, they have to get a superseding indictment to do that and so I anticipate that they will be additional charges filed in this case.” Lt. Barthel said.
If Rosario’s defense can persuade a judge or military panel that he had a reasonable belief that the girl was the legal age of consent, then Rosario could be found not guilty of the sexual assault charges, Barthel told Task & Purpose on Wednesday.
Barthel said he thought it odd prosecutors only called one NCIS agent — one who left the case early in October 2020 — and not the co-supervising agent. Barthel said that agent was involved in NCIS’ monthslong pursuit of another suspect they eventually cleared, and that alternative theory will be a big part of Mays’ defense.
“Like many sailors, Seaman Mays spent the first day of the fire doing what he could to support Fed Fire,” Barthel said, referring to Federal Fire & Emergency Services which initially responded. Mays and shipmates returned every day until the fire was out to support firefighting efforts.
The prosecution then brought electrical engineer Michael Abraham, who testified about his analysis of damaged forklift batteries found on site, as not the cause of the fire. The defense refuted this claim. Mays’ former attorney, Gary Barthel, who’s not involved in this part of the case, summarized each legal team’s plan of action.
“Like many sailors, Seaman Mays spent the first day of the fire doing what he could to support Fed Fire,” Barthel said, referring to Federal Fire & Emergency Services which initially responded. Mays and shipmates returned every day until the fire was out to support firefighting efforts.
Monday, the defense team called MA1 Jonathan Cannon to the stand. He testified he also helped transport Mays to the brig, but said he did not hear any confession from him.
Ryan Sawyer Mays, 21, faces charges of arson and willful hazarding of a vessel for allegedly setting the blaze that began July 12, 2020, and burned for several days.
“She does not believe that the evidence supports the case going to trial because she does not believe the government will be able to prove their case beyond a reasonable doubt,” said Gary Barthel, the attorney who represented Mays during hearings in December.
“Seaman Mays is disheartened that the same Navy Leadership that appointed Capt Tang to preside over the preliminary hearing, has decided to disregard her recommendation that the case NOT proceed to trial and instead has made the decision to move forward with a trial in his case,” Barthel wrote in a statement shared with NBC 7.
According to Barthel, Capt. Angela Tang, the legal officer who presided over December’s preliminary hearing and heard evidence in the case, recommended to Koehler that the case not go to court-martial.
As an advisor, Gary’s expertise has supported high-profile legal matters, national news coverage, and major production teams.



















