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SAN DIEGO (AP) - A military judge has released a Navy SEAL from custody in advance of his murder trial in the death of an Islamic State prisoner. Capt. Aaron Rugh said Thursday that he was freeing Special Operations Chief Edward Gallagher as a remedy for interference by prosecutors. Defense lawyers accuse the prosecutors of misconduct for an effort to track defense lawyers' emails that they say violated attorney-client privilege. RELATED: Attorneys fight to free Navy SEAL in MCAS Miramar brig before trialRugh said Thursday he knew Navy investigators were trying to find the source of leaked court documents, but did not know of or approve any email tracking. Defense lawyers say the move amounted to prosecutorial misconduct and they want charges against Gallagher dismissed or prosecutors removed from the case. A military prosecutor downplayed the tracking effort, saying it did nothing more than record information on where and when emails were opened by recipients. RELATED: Rep. Duncan Hunter rallies support for accused Navy SEAL on Capitol HillDefense lawyer Tim Parlatore withdrew his motion to have the judge removed from the case after learning Rugh was kept in the dark about what prosecutors did. Gallagher will be freed as his lawyers continue to argue that the case be dismissed. He is scheduled to face trial June 10. There were gasps in the courtroom as Rugh made the announcement. Gallagher's wife put her head in her hands and burst into tears. 1476

SAN DIEGO (CNS) - A 22-year-old man was killed in a two-vehicle crash in Mission Valley West, authorities said this morning.The crash occurred in the 6700 block of Friars Road at 5 p.m. Friday, according to Officer Robert Heims of the San Diego Police Department.The man was driving a 2014 Chevy Malibu and making a left turn onto Friars Road from his apartment complex when a 33-year-old woman driving a 2020 Tesla Model Y crashed into the Malibu. The man sustained fatal injuries and his 22-year-old wife, who was a passenger in the car, sustained minor injuries, Heims said.No other injuries were reported. The name of the victim was not disclosed. 659

SAN DIEGO (AP) — A pathologist testified Monday at a Navy SEAL's murder trial that a wounded Islamic State militant in Iraq could have died from a stabbing described by other witnesses.Dr. Frank Sheridan said he couldn't determine a cause of death because there was no body and a lack of other evidence.The testimony at the trial of Special Operations Chief Edward Gallagher, though, countered a statement offered last week by another SEAL who stunned the court when he confessed to the killing.Corey Scott testified Thursday that he killed the victim by plugging his breathing tube after Gallagher unexpectedly stabbed the fighter while treating him for injuries suffered in an air strike outside Mosul in 2017.Scott testified that the militant, described as an adolescent boy, would have survived the stabbing.But Scott said he decided to asphyxiate him because he assumed he would later be tortured and killed by Iraqi forces who captured him and brought him to the Navy medics for treatment.Gallagher, 40, is charged with murder in the killing of the boy and attempted murder for allegedly gunning down civilians from his sniper's post.He has pleaded not guilty and his lawyers blame his former troop mates for fabricating the accusations to get Gallagher ousted from the special forces because they didn't like his tough leadership.Scott and another SEAL said Gallagher had initiated medical treatment for the boy and then stabbed him one to three times in the neck for no apparent reason.Gallagher later texted a photo of the corpse to friends with the following message: "Good story behind this, got him with my hunting knife."His lawyers said the message was an attempt at dark humor.Sheridan based his testimony on witness accounts and video of the wounded war prisoner before the alleged knifing.After the boy was wounded in an air strike — more than an hour before he was brought to the U.S. forces for treatment — he was interviewed by an Iraqi TV news crew. He appeared lucid and did not have significant hemorrhaging, Sheridan said."He's clearly responsive," Sheridan said. "There's no sign he's bleeding from any wound."Witnesses at the scene said Gallagher treated the boy for a leg wound and an apparent collapsed lung. The patient was sedated and given a breathing tube for a wound they believe occurred from the air strike blast.He was breathing normally after the procedure when Gallagher suddenly pulled out his personal knife and stabbed him in or near the neck, witnesses said.Depending on the location of the stab wounds, he could have died from profuse internal or external bleeding, Sheridan said. But he couldn't make that determination."I can't give an opinion on the cause of death," Sheridan said. "There just isn't enough evidence."___Melley reported from Los Angeles. 2807

Sam Clovis, President Donald Trump's nominee to be the Department of Agriculture's chief scientist, withdrew himself from consideration Thursday, the White House announced."We respect Mr. Clovis' decision to withdraw his nomination," White House press secretary Sarah Sanders said in a statement to pool reporters.Sources told CNN earlier Thursday that Clovis' nomination was imperiled over his connections to the ongoing Russia probe. The development is the latest sign that Justice Department special counsel Robert Mueller's probe into the Trump campaign and Russian collusion is impacting the day-to-day of Trump's administration, despite top White House aides -- including Trump himself -- claiming that the indictments of former top Trump campaign advisers Paul Manafort and Rick Gates had nothing to do with the administration or the campaign."The political climate inside Washington has made it impossible for me to receive balanced and fair consideration for this position," Clovis wrote in a letter addressed to Trump that was dated Tuesday. "The relentless assaults on you and your team seem to be a blood sport that only increases in intensity each day. As I am focused on your success and the success of this administration, I do not want to be a distraction or negative influence, particularly with so much important work left to do for the American people."Clovis, who was already serving as the senior White House adviser on the Agriculture Department, added that he will "continue to serve at the pleasure of you and the secretary of agriculture."Questions are swirling over Clovis' relationship with George Papadopoulos -- the Trump campaign foreign policy adviser who has admitted to making a false statement to the FBI regarding his interactions with foreign officials close to the Russian government -- and a trip Papadopoulos took during the election where he met with a Russian figure.The White House did not comment Wednesday night, and messages to Clovis' attorney regarding the latest developments in the Russia investigation were not returned.Asked Monday if Trump was "still comfortable" with Clovis serving in the administration, White House press secretary Sarah Sanders responded, "I'm not aware of any change that would be necessary."The Washington Post reported earlier this week that Clovis was one of the campaign officials referred to in court documents who Papadopoulos was emailing with. The FBI did not identify Clovis.In the wake of the Post's report, Clovis' attorney said that inside the campaign, Clovis always "vigorously" opposed any Russian trip for Trump or staff. The attorney, Victoria Toensing, said in a statement that if a volunteer made a foreign policy suggestion, as a "polite gentleman from Iowa (he) would have expressed courtesy and appreciation."She also said that Clovis would have had no authority to prohibit personal travel.Sen. Debbie Stabenow, the ranking Democrat on the Senate agriculture committee, said court records released this week raised more questions over Clovis' nomination."From early on, I have strongly opposed the nomination of Sam Clovis to be the chief scientist at USDA," she said in a statement. "The emerging information about his role in the Trump campaign's interactions with Russia raises serious concerns. As we consider his nomination, I will be looking into these facts, along with his questionable qualifications and long history of divisive and outrageous statements."Clovis, a former conservative radio talk show host in Iowa who was a frequent guest on CNN during the election, became an early supporter of Trump's two years ago. He quickly rose through the ranks of the campaign after Trump's strong finish in the Iowa caucuses, taking a national role in the organization as officials scrambled to build a campaign team.Clovis, a novice to national presidential campaigns, was supervising Papadopoulos and became a visible spokesman for Trump on CNN and other networks.A Republican official close to Clovis told CNN earlier Thursday that he remained loyal to Trump, adding that Clovis would not have fought the White House in backing away from his USDA nomination if asked."There's no way he would fight this or cause trouble for the White House," a Republican official and longtime associate of Clovis said.This story has been updated to reflect Clovis' withdrawal.The-CNN-Wire 4383

Sam Nunberg's interview tour is over for now.Nunberg was booked to appear on CNN's "New Day" on Tuesday morning, but he did not show up for the interview.When an unknown person answered the phone at his home Tuesday morning, the person said Nunberg is done doing interviews.According to two sources with knowledge of the matter, ABC also pursued Nunberg for Tuesday's "Good Morning America." But the producers feared that he would bail, and sure enough, he stopped responding to messages on Tuesday morning. "He went dark," one of the sources said. Nunberg's change in media strategy appears related to the change of heart that unfolded before a national audience during his media tour on Monday.The former Donald Trump campaign aide gave more than a dozen interviews on Monday in an extraordinary act of defiance of special counsel Robert Mueller.Related: Who is Sam Nunberg?He started out by flaunting Mueller's subpoena and saying "let him arrest me." At one point, he even handed the subpoena paper to MSNBC anchor Ari Melber. He seemed to revel in the show he was starring in."Jake, I'm definitely the first person to ever do this, right?" he asked CNN's Jake Tapper.Interviewer after interviewer emphasized that Nunberg could be facing serious legal jeopardy. They asked if he wanted to reconsider his position; asked if he'd consulted his lawyer; and asked about his family.Nunberg asked questions too -- almost as if he was seeking legal advice. In the 7 p.m. hour on Monday, he asked CNN's Erin Burnett, "Do you think Robert Mueller is going to send me to prison, Erin, for this?" She answered, "I don't know, but he certainly would be within his rights."Some of Nunberg's associates said they were worried about his state of mind. Burnett said at the end of the interview that she smelled alcohol on his breath. But he denied that he had been drinking.Paparazzi-style photographers were waiting for Nunberg outside CNN's New York bureau. He spoke with one of the camera crews and then continued talking with reporters by phone. But his tone changed. By the end of the day, Nunberg signaled that he will continue cooperating with Mueller, after all.The special counsel office had no comment.Nunberg's last interview of the day appeared to be with Olivia Nuzzi of New York magazine. He told her around midnight that "I'm gonna cooperate!"Regarding his TV tour, he said to Nuzzi, "Did I sound drunk? I think that I was just more of myself in these interviews than I've ever been. That's what I think it was."He took another call, then called Nuzzi back at 12:55 a.m., said he was happy that "I didn't get dumped by my lawyer today."On Tuesday morning, Nunberg did not answer calls to his cell phone. Callers were greeted by a message that said, "The voice mail belonging to Sam Nunberg is full."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 2906