The war crimes charges against a San Diego-based Navy SEAL will stand, a Navy judge ruled Friday. However, the SEAL and his defense team will benefit from other decisions the judge made. Chief Special Warfare Operator Edward R. Gallagher is facing charges that he killed a wounded teenage ISIS fighter brought to the SEAL's Mosul, Iraq compound for medical treatment in 2017. Gallagher also is accused of shooting at civilians, posing for photos with a corpse, and holding his reenlistment ceremony next to the body, according to court documents and prosecutor statements. Gallagher has denied all the charges and pleaded not guilty. On Thursday the judge, Navy Capt. Aaron Rugh, moved Gallagher's trial date from June 10 to June 17 at defense lawyers’ request. Rugh's ruling Friday contained details about how the Naval Criminal Investigative Service and former lead prosecutor, Cmdr. Chris Czaplak, sent emails containing a hidden tracking link to defense attorneys and a Navy Times reporter in May. The link allowed them to see when the emails were opened and forwarded. The tracking was supposed to help detect leaks. Navy prosecutors said the link, which they called an "audit tool," did not meet the legal threshold of a wire tap and so did not require a search warrant. Defense attorneys called it prosecutorial misconduct and filed four motions with the court last week, including motions to get the prosecutor disqualified and to have Gallagher's charges dismissed. Rugh granted some of their requests.
The war crimes charges against a San Diego-based Navy SEAL will stand, a Navy judge ruled Friday.
However, the SEAL and his defense team will benefit from other decisions the judge made.
Chief Special Warfare Operator Edward R. Gallagher is facing charges that he killed a wounded teenage ISIS fighter brought to the SEAL's Mosul, Iraq compound for medical treatment in 2017. Gallagher also is accused of shooting at civilians, posing for photos with a corpse, and holding his reenlistment ceremony next to the body, according to court documents and prosecutor statements.
Gallagher has denied all the charges and pleaded not guilty. On Thursday the judge, Navy Capt. Aaron Rugh, moved Gallagher's trial date from June 10 to June 17 at defense lawyers’ request.
Rugh's ruling Friday contained details about how the Naval Criminal Investigative Service and former lead prosecutor, Cmdr. Chris Czaplak, sent emails containing a hidden tracking link to defense attorneys and a Navy Times reporter in May. The link allowed them to see when the emails were opened and forwarded.
The tracking was supposed to help detect leaks. Navy prosecutors said the link, which they called an "audit tool," did not meet the legal threshold of a wire tap and so did not require a search warrant.
Defense attorneys called it prosecutorial misconduct and filed four motions with the court last week, including motions to get the prosecutor disqualified and to have Gallagher's charges dismissed.
Rugh granted some of their requests.