A U.S. Marine was victorious in federal court yesterday, as a judge overturned his discharge for using a GMail account to send a warning to his fellow Marines in Afghanistan.

Marine Maj. Jason Brezler was recommended for discharge three years ago as a penalty for mishandling classified information. 

In 2012 after leaving Afghanistan, Brezler used his personal Google email account to send a warning about an Afghan police chief. Weeks later, three Marines were killed in an insider attack on the base.

The Marine Corps Times reports:

After receiving a request from a Marine captain, Brezler used his personal email account on July, 24 2012 to send classified information about Sarwar Jan, an Afghan police chief who had arrived at Forward Operating Base Delhi in Afghanistan. Brezler had kicked Sarwar off a different U.S. base two years earlier for alleged corruption, links to the Taliban and reports that he trafficked in young boys as part of a sex-slave practice known as "bacha bazi".

Then on Aug. 10, 2012, a boy described in Bianco's decision as Sarwar’s "sex slave" killed three Marines at FOB Delhi: Staff Sgt. Scott Dickinson, 29, Cpl. Richard Rivera, 20, and Lance Cpl. Greg Buckley.

Judge Andrew Napolitano weighed in this morning, explaining U.S. District Judge Joseph Bianco's decision.

Napolitano said Bianco found that during the discharge proceedings, the Navy board of inquiry "held back documents that demonstrated that the discharge was retaliation."

"Retaliation for what? For exposing the fact that he used his GMail," he explained.

The judge ordered that Brezler be allowed to serve once again.

The case had made headlines because some have argued that Brezler's offense was minimal compared to the 110 instances of classified information on Hillary Clinton's private server.

"Hillary Clinton did at least 110 times what this person did and she didn't send this information to others with national security clearances as he did," said Napolitano. 

Watch the full analysis above.


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