Navy spokesman Brian O'Rourke told NPR that Czaplak immediately complied with the judge's order. Other attorneys representing Gallagher have said their emails were tracked. Stackhouse said he uses a program that identifies digital tracking devices in his email and that "it was not ongoing" when he was representing Gallagher. "It appears that independently began investigating the defense, which is horribly inappropriate," he added. "Most of the leaks were not favorable to the defense," Stackhouse said. Phillip Stackhouse, a military defense attorney who formerly represented Gallagher, told NPR that his team had complained repeatedly to the judge about leaks. Rugh said in a motion that he could not conclude whether the prosecutor had violated rules, but that "the danger of investigation is sufficiently real," according to Navy Times. The judge ordered Czaplak to step away from the case on Monday because of a potential conflict of interest. Aaron Rugh, said he had not been made aware of the prosecutor's plan to use trackers on the defense's emails, KPBS's Steve Walsh reports. World 'Revenge Is For The Weak': Kurdish Courts In Northeastern Syria Take On ISIS Casesīut the judge, Navy Capt. He said the code simply tracked the location and time of messages as recipients opened their emails. Christopher Czaplak, admitted in court to emailing the hidden software. They uncovered a digital tracking device that was sent in an email to defense attorneys and a journalist covering the case. Lawyers defending Special Operations Chief Edward Gallagher accused prosecutors of spying. The rare ruling comes a week before the trial is scheduled to begin and after President Trump said he is considering pardons for members of the military who are charged with war crimes. Accused of war crimes, he was released from custody after a military judge cited interference by prosecutors.Ī military judge has removed the lead prosecutor in the high-profile case of a decorated Navy SEAL accused of war crimes in Iraq. Navy Special Operations Chief Edward Gallagher leaves a military courtroom on Naval Base San Diego with his wife, Andrea Gallagher, on May 30.
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