Business Insider by Julie Watson, Brian Melley
Military judge frees Navy SEAL charged with war crimes after prosecutors were caught sending tracking emails
US Navy Special Operations Chief Edward Gallagher, a Navy SEAL facing a murder trial in the death of an Islamic State prisoner, was freed from custody after a military judge cited interference by prosecutors.
Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017, and attempted murder for allegedly shooting at civilians from a sniper's perch.
The judge has not ruled yet on whether to throw out the case or remove prosecutors over their tracking emails, which were sent to defense lawyers and a journalist in an effort to find the source of news leaks.
The judge said freeing Gallagher would be a remedy for interference by prosecutors.
A decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors.
The unexpected move drew gasps from those at a hearing in a San Diego courtroom in which lawyers for Special Operations Chief Edward Gallagher sought to get the case dismissed for prosecutorial misconduct.
Gallagher's wife, Andrea, who has led a campaign to free her husband, put her head in her hands and burst into tears.
The judge, Capt. Aaron Rugh, has not ruled yet on whether to throw out the case or remove prosecutors over tracking emails sent to defense lawyers and a journalist in an effort to find the source of news leaks in the politically charged case. He said freeing Gallagher at this point would be a remedy for interference by prosecutors.
Attorney Tim Parlatore accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt Gallagher's ability to get a fair trial.
Efforts to get the case thrown out come as President Donald Trump considers pardoning several service members accused of war crimes, including Gallagher. Gallagher faces trial June 10.
Trump previously got Gallagher removed from the brig and transferred to better custody conditions at a Navy hospital.
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https://www.businessinsider.com/eddie-gallagher-navy-seal-freed-tracking-email-2019-5-2019-5