![]() ![]() In his decision, Rugh found that email spying on the part of the Naval Criminal Investigation Service created a crisis in the public’s perception of the fairness of Gallagher’s case. “If the government can illegally leak to taint a jury pool, suppress exculpatory evidence, intimidate witnesses and spy on defense counsel and cumulatively these are not grounds for dismissal –what is?” “The court not dismissing this case sends a chilling message to every man and woman in uniform,” he added. Constitution was not only an attack on the Bill of Rights and a grave danger to the civil liberties of all Americans but an affront to traditional notions of justice. “Conducting surveillance of defense attorneys, journalists and private citizens in violation of the Fourth, Fifth and Sixth Amendments of the U.S. “The court has now recognized that Eddie Gallagher was victimized by a government campaign of illegal conduct,” Tim Parlatore, Gallagher’s lead attorney, wrote in a statement. Navy Judge Aaron Rugh ruled that the court-martial will start June 17 in San Diego, and that Gallagher will remain free from pretrial confinement.Īs he decided on Monday, a new prosecutor will take over but because of the “strain of pre-trial publicity,” the judge granted the defense two peremptory challenges. A Navy judge on Friday, June 7, denied a request by defense attorneys to dismiss the charges against Navy SEAL Edward “Eddie” Gallagher, accused in a series of war crimes including killing a teen ISIS fighter in 2017, but ruled that Gallagher could not be sentenced to life in prison without the possibility of parole. ![]()
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