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.
Special Operations Chief Edward Gallagher, a decorated career combat veteran, is due to go on trial on June 10 in a case that has drawn the attention of U.S. President Donald Trump.
Gallagher, 39, 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.
Gallagher has pleaded not guilty to all charges, including obstructing justice in the case, which stems from his latest tour of duty in Mosul, Iraq, in 2017. If convicted, he could face life in prison.
The special operations platoon leader says he was wrongly accused and that fellow SEAL team members testifying against him, several under grants of immunity, are disgruntled subordinates who fabricated allegations to force him from command.
The Navy captain presiding over the case ordered Special Ops Chief Edward Gallagher freed from custody at the end of a 5-hour pre-trial hearing on several defense motions based on accusations of prosecutorial misconduct. https://t.co/HbHhY3InFP via @martygraham619 @StevenJGorman
— Evan Rosenfeld (@Evan_Rosenfeld) May 31, 2019
BREAKING: A judge has ordered Navy SEAL Chief Edward Gallagher free from custody ahead of his murder trial, citing interference by prosecutors. https://t.co/oZJjmiEiyc
— #NBC7 San Diego (@nbcsandiego) May 31, 2019
BREAKING: Military judge Capt. Aaron Rugh has freed Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors who allegedly used tracking software to monitor defense lawyers’ emails. https://t.co/IudfPYqwAh
— Ryan Saavedra (@RealSaavedra) May 31, 2019
Reuters contributed to this report.
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