The lead prosecutor in the court-martial of a U.S. Navy SEAL charged with war cr...
SAN DIEGO - The lead prosecutor in the court-martial of a U.S. Navy SEAL charged with war crimes was ordered removed from the case on Monday because he electronically tracked email communications of defense lawyers without a warrant, a Navy spokesman said.
Gallagher, 39, a decorated career combat veteran, is charged with murdering a wounded Islamic State fighter in his custody, and with attempted murder in the wounding of two unarmed civilians - a school girl and elderly man - shot from a sniper’s perch. His defense team had filed motions seeking either to dismiss the charges altogether or to remove the senior government trial attorney on grounds of alleged misconduct by the prosecutor and agents of the Naval Criminal Investigative Service .
“The Navy is complying with the judge’s order,” naval base spokesman Brian O’Rourke said in a statement. “The senior trial counsel will be replaced” by another military attorney, he said. The presiding judge, Navy Captain Aaron Rugh, said from the bench on Friday that prosecutors and NCIS investigators had violated Gallagher’s constitutional rights to a fair trial.
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