Rugh, however, refused to dismiss the case. Aaron Rugh, earlier this month ruled the prosecution’s effort to track defense emails to find a news leak cast doubt on Gallagher’s ability to get a fair trial and violated his constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege. His lawyers asked the Navy judge to dismiss the case because they say investigators and prosecutors withheld evidence that could help the defense and violated his rights to a fair trial by embedding tracking software in emails sent to them.
Gallagher says disgruntled platoon mates fabricated the allegations because they didn’t like his tough leadership. Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017 in separate incidents. The court-martial of Special Operations Chief Edward Gallagher, which begins with jury selection, has included the removal of the lead prosecutor for tracking the defense team’s emails and suggestions by President Donald Trump that he may pardon the defendant. SAN DIEGO (AP) - The trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care is set to begin Monday following months of turmoil in one of the Navy’s most prominent war crimes cases.
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