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President Donald Trump stops to speak to reporters as he prepared to board Marine One on the South Lawn of the White House on Jan. 19, 2019, in Washington, DC. Photo by Pete Marovich/Getty Images

President Donald Trump has backed away from his vow to pardon by Memorial Day several U.S. military service members either found guilty or accused of war crimes in Iraq and Afghanistan after widespread condemnation from the U.S. military and civil rights groups.

Now, a Republican congressman from California who urged Trump to pardon one of the guilty men, Special Operations Chief Edward Gallagher, admits to have had his photo taken with a dead enemy combatant during his time as a U.S. Marine serving in Iraq. This after Gallagher, a Navy SEAL, was accused of shooting unarmed civilians and stabbing an enemy prisoner to death.

Rep. Duncan Hunter (R-CA) said he posed for a photo next to a dead combatant but said he did not text it or post it on social media unlike Gallagher. In 2017, Gallagher texted a photo of himself next to a dead underaged Islamic State fighter and wrote that he “got him with my hunting knife.” He’s also accused of shooting two civilians in Iraq and opening fire on crowds.

In excusing Gallagher’s war crimes, Hunter said “a lot of us have done the exact same thing,” referring to fellow service members in Iraq and Afghanistan.

Hunter, who faces corruption charges and is due back in court in July, blasted the U.S. military justice system as “corrupt,” saying it’s run by lawyers and bureaucrats intent on pursuing innocent American war fighters.

Gallagher’s court-martial will begin this week at Naval Base San Diego. Gallagher has pleaded not guilty to all the charges.

Dozens of Republican congressmen claim Gallagher is an innocent war hero being unfairly prosecuted. Trump ordered Gallagher’s transfer from the brig to better confinement in a military hospital with access to his lawyers and family.