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Judge orders release of Navy SEAL accused of war crimes pending trial
San Diego Union Trib ^ | May 30, 2019 | Andrew Dyer

Posted on 05/31/2019 7:24:16 AM PDT by jazusamo

Full title: Lawyers defending accused SEAL Chief Eddie Gallagher alleged prosecutors spied on them, and at least one reporter, via software attached to emails.

A San Diego-based Navy SEAL charged with war crimes — including premeditated murder — was ordered released from pretrial restriction at Navy Base San Diego Thursday because the judge said prosecutors interfered with his defense counsel and caused delays in his trial.

The delays are due to a Navy Criminal Investigative Service investigation into media leaks in the case. The judge said the release was a partial remedy.

According to court testimony, Cmdr. Chris Czaplak, the Navy’s lead prosecutor, sent tracking software in emails to the SEAL’s defense lawyers and to at least one reporter covering the case. Czaplak was trying to find the source of leaked documents, which violated a court order.

Defense attorneys said prosecutors were spying on them and their client via email.

The defendant, Chief Special Warfare Operator Edward R. Gallagher, is charged with killing a teenage ISIS combatant in Iraq in 2017 after the fighter was brought to the SEAL’s compound for medical treatment.

~snip~

His defense attorneys have given a list of questions to Czaplak, which he may have to answer on the stand and under oath Friday.

“The big problem here is the prosecution cheated,” Parlatore said Thursday. “When they got caught, they lied. I’m going to ask for (Czaplak) to get on the stand. If he’s smart, he probably will take the Fifth (Amendment).”

The Fifth Amendment says people cannot be forced to be a witness against themselves or to incriminate themselves in court.

Parlatore said the email tracking amounts to spying on U.S. citizens, a felony. Navy experts disagreed, saying the software was a law enforcement tool in a criminal investigation and was therefore legal.

(Excerpt) Read more at sandiegouniontribune.com ...


TOPICS: Foreign Affairs; Government; News/Current Events; US: California
KEYWORDS: california; courtmartial; duncanhunter; eddiegallagher; edwardgallagher; gallagher; navy; navyseal; navyseals; ncis; prosecutormisconduct; sandiego; seal; usn; usnavy

1 posted on 05/31/2019 7:24:16 AM PDT by jazusamo
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To: All
Navy experts disagreed, saying the software was a law enforcement tool in a criminal investigation and was therefore legal.

Not under these circumstances.

2 posted on 05/31/2019 7:32:36 AM PDT by BipolarBob (AOC is the Democrat prophecy come true : "A bartender will lead them".)
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To: jazusamo

saying the software was a law enforcement tool in a criminal investigation and was therefore legal.
= = =

Yeah, and so is lying to the defendant during interrogation, etc.

‘A Law Enforcement Tool’, have to remember that.


3 posted on 05/31/2019 7:33:57 AM PDT by Scrambler Bob (You know that I am full of /S)
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To: Innovative; LeoWindhorse; E. Pluribus Unum; Olog-hai

Ping!


4 posted on 05/31/2019 7:35:57 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Sending the bug to the lawyers ought to be a hanging offense. We Americans have always thought that we were guaranteed privacy w/lawyers but the DS has turned that on its head.


5 posted on 05/31/2019 7:41:02 AM PDT by tiki
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To: tiki

I agree and we know the prosecution team knows it, this is blatant prosecutor misconduct and the judge knows it.


6 posted on 05/31/2019 7:45:54 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

According to court testimony, Cmdr. Chris Czaplak, the Navy’s lead prosecutor, sent tracking software in emails to the SEAL’s defense lawyers and to at least one reporter covering the case.

- -

I’m not a legal expert, it I’m guessing this is a criminal act on several levels.


7 posted on 05/31/2019 7:55:35 AM PDT by Flick Lives
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To: jazusamo

I know this is a Military Tribunal, but they are still Judges. Why in the hell aren’t “Officers of the Court” Immediately Remanded and Criminally Charged for LYING and Committing FELONIES??

This is Rampant all across this Country and it should be an Automatic FELONY and Severe JAIL time for ANY Officer of the Court to LIE or CHEAT in any way.


8 posted on 05/31/2019 8:10:49 AM PDT by eyeamok
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To: eyeamok

So you want the lawyers to write and pass laws that punish the stock and trade? Good luck with that.


9 posted on 05/31/2019 8:14:14 AM PDT by mad_as_he$$
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To: eyeamok
The judge said the release was a partial remedy.

I have a hunch this may not be over yet, the trial continues today and in the article it implies the defense will request dismissal of all charges today.

We'll soon see.

10 posted on 05/31/2019 8:19:43 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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MAGA!

Support Free Republic, Folks! Donate Today!

Please bump the Freepathon or click above to donate or become a monthly donor!

11 posted on 05/31/2019 8:21:50 AM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Gee....sounds like FBI tactics!


12 posted on 05/31/2019 8:24:03 AM PDT by oil_dude
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To: jazusamo

You want the truth?
YOU CAN’T HANDLE THE TRUTH!
But we can, cause we recorded your private attorney client conversation when you opened that email we sent you, which contained a bug/recording program!
It’s for the good of the people, doncha know!!!

What happened to the rule of law?


13 posted on 05/31/2019 8:24:20 AM PDT by 9422WMR
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To: Scrambler Bob

“‘A Law Enforcement Tool’, have to remember that.”
A leather “slap jack” with 4 ounces of lead was also a very effective law enforcement tool. Can’t use that anymore.


14 posted on 05/31/2019 8:26:41 AM PDT by 9422WMR
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To: jazusamo
Let this be a lesson to how leadership is adversely impacted by a corrupt regime. When crooks like Obozo head up government, the whole stink’n bureaucratic barrel of apples goes rotten to the bottom. In the legal area, it was with Holder's henchmen. They would go into court and lie their tails off to Federal judges and get away with it. Rot spreads quickly and it infected the military. Never forget what they did to Lt. Col. Terry Lakin and their stink’n rules of engagement, which basically set up every warrior for a Courts Martial. Yes, within the ranks there still are high level military officers and JAGS who subscribe to the Obozo motto, a corrupt end always justifies an anything goes means to achieve it. Rest assured the navy spying in the Gallagher case had to have been approved at much higher levels than at the trial level JAGs. The Pentagon and Navy IGs need to aggressively investigate and purge the military of these Obama holdovers who are saboteurs hiding in the ranks. In the military, it starts with the Lefts visceral hatred of the military. Just like the rot in our schools today, the anti-American infiltrators invaded the military ranks and are to this day trying to tear down our great military. I know it first hand. I have a close relative that is right now battling a false sex discrimination case. A climate brought on by forcing females to be placed in military operational specialties they can not handle and when they are unable to perform satisfactorily, use the hook of discrimination to ruin the rating officer's career. What makes it so treacherous is that in the military as it is in the civilian world, the woman's word (accusation) on all things 'sexual' ‘sexual’ now carries the day.
15 posted on 05/31/2019 8:34:50 AM PDT by iontheball
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To: Scrambler Bob

‘A Law Enforcement Tool’, have to remember that.
__________________________
It’s the Obozo way. Weaponize the intel and LE community and then call your actions ‘legal.’ Comey claims it was legal cause it was court authorized surveillance not spying. What he doesn’t say is that they lied to the court to get the order or warrant and then they pretend it’s all ‘legal.’


16 posted on 05/31/2019 8:45:43 AM PDT by iontheball
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To: jazusamo

I am thinking that the UCMJ might require that if a search/siezure event was desired by military investigations on property or persons outside the military’s jurisdiction, that court cases have found a warrant from the pertinent (pertinent to where the action was to take place) civil court would be necessary, and if not obtained would amount to an illegal search/siezure. If the search/siezure was entirely within the physical and peron confines of a military jurisdiction, a warrant may not be needed. I think.


17 posted on 05/31/2019 9:25:37 AM PDT by Wuli
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To: jazusamo

An absolute disgrace.


18 posted on 05/31/2019 3:20:06 PM PDT by Albion Wilde (It is fatal to enter any war without the will to win it. --Douglas MacArthur)
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To: Albion Wilde

Bump!


19 posted on 05/31/2019 3:53:13 PM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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