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SAN DIEGO (AP) — A military judge refused to dismiss the case against a decorated Navy SEAL charged with killing a wounded Islamic State prisoner in Iraq in 2017.Capt. Aaron Rugh (ROO) made the ruling Friday after previously removing the lead prosecutor who has been accused of misconduct.Defense lawyers argued for the case to be dismissed after discovering prosecutors secretly tracked their emails without court approval.RELATED:New date set for Navy SEAL murder trialMilitary judge releases Navy SEAL accused of murder before his trialRugh unexpectedly released Special Operations Chief Edward Gallagher from custody last week as a remedy for prosecutors interfering with his right to counsel.Gallagher is charged with premeditated murder in the stabbing of a teenage militant and with attempted murder in the shooting of two Iraqi civilians.He denies the charges and says disgruntled platoon members made the allegations because of his tough leadership. 966

SAN DIEGO – Delegates at the California Democratic Party State Convention failed to endorse any candidates for U.S. Senate, governor and attorney general, denying Dianne Feinstein endorsement in her bid to stay seated in the U.S. Senate. The indecision sent shock through the party with 54 percent of the vote going to state Senate leader Kevin de Leon and 37 percent for Feinstein."The outcome of today's endorsement vote is an astounding rejection of politics as usual, and it boosts our campaign's momentum as we all stand shoulder to shoulder against a complacent status quo," de Leon said late Saturday in a prepared statement.Still, Feinstein holds a sizable lead over de Leon in statewide polls.Meanwhile, the gubernatorial vote was split between Lt. Governor Gavin Newsom. State Treasurer John Chiang, former state Superintendent Delaine Eastin and former Los Angeles Mayor Antonio Villaraigosa.The convention wraps up Sunday at the San Diego Convention Center with delegates expected to adopt the 2018 party platform. 1039

SAN DIEGO (AP) — Scheduling glitches led an immigration judge to deny the Trump administration's request to order four Central American migrants deported because they failed to show for initial hearings Wednesday in the U.S. while being forced to wait in Mexico.The judge's refusal was a setback for the administration's highly touted initiative to make asylum seekers wait in Mexico while their cases wind through U.S. immigration courts.One migrant came to court with a notice to appear on Saturday, March 30 and said he later learned that he was supposed to show up Wednesday. He reported in the morning to U.S. authorities at the main crossing between San Diego and Tijuana."I almost didn't make it because I had two dates," he said.Similar snafus marred the first hearings last week when migrants who were initially told to show up Tuesday had their dates bumped up several days.Judge Scott Simpson told administration lawyers to file a brief by April 10 that explains how it can assure migrants are properly notified of appointments. The judge postponed initial appearances for the four no-shows to April 22, which raised more questions about how they would learn about the new date.Government documents had no street address for the four men in Tijuana and indicated that correspondence was to be sent to U.S. Customs and Border Protection. Simpson asked how the administration would alert them."I don't have a response to that," said Robert Wities, an attorney for U.S. Immigration and Customs Enforcement.At least two others were given notices to appear Tuesday but, when they showed up at the border, were told by U.S. authorities that they were not on the schedule that day. Their attorneys quickly got new dates for Wednesday but Mexico refused to take them back, forcing them to stay overnight in U.S. custody.Laura Sanchez, an attorney for one of the men, said she called a court toll-free number to confirm her client's initial hearing Tuesday but his name didn't appear anywhere in the system. Later, she learned that it was Wednesday.Sanchez said after Wednesday's hearing that she didn't know if Mexico would take her client back. Mexican officials didn't immediately respond to a request for comment.Homeland Security Department representatives did not immediately respond to a request for comment late Wednesday.The snafus came two days before a federal judge in San Francisco hears oral arguments to halt enforcement of the "Migration Protection Protocols" policy in a lawsuit filed by the American Civil Liberties Union, Southern Poverty Law Center and Center for Gender & Refugee Studies.The policy shift, which followed months of high-level talks between the U.S. and Mexico, was launched in San Diego on Jan. 29 amid growing numbers of asylum-seeking families from Guatemala, Honduras and El Salvador. Mexicans and children traveling alone are exempt.Families are typically released in the U.S. with notices to appear in court and stay until their cases are resolved, which can take years. The new policy aims to change that by making people wait in Mexico, though it is off to a modest start with 240 migrants being sent back to Tijuana from San Diego in the first six weeks. U.S. officials say they plan to sharply expand the policy across the entire border.Mexican officials have expressed concern about what both governments say is a unilateral move by the Trump administration but has allowed asylum seekers to wait in Mexico with humanitarian visas.U.S. officials call the new policy an unprecedented effort that aims to discourage weak asylum claims and reduce a court backlog of more than 800,000 cases.Several migrants who appeared Wednesday said they fear that waiting in Mexico for their next hearings would jeopardize their personal safety. The government attorney said they would be interviewed by an asylum officer to determine if their concerns justified staying in the U.S.Some told the judge they struggled to find attorneys and were granted more time to find one. Asylum seekers are entitled to legal representation but not at government expense.U.S. authorities give migrants who are returned to Mexico a list of no-cost legal providers in the U.S. but some migrants told the judge that calls went unanswered or they were told that services were unavailable from Mexico.A 48-year-old man said under the judge's questioning that he had headaches and throat ailments. The judge noted that migrants with medical issues are exempt from waiting in Mexico and ordered a medical exam.___Associated Press writer Maria Verza in Mexico City contributed to this report. 4614

SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

SAN DIEGO (CNS) -- A 76-year-old woman who died on May 24 is the first local fatality of e-cigarette or vaping-associated lung injury, the San Diego County Health and Human Services Agency announced Thursday.Three vaping-associated lung injuries in young adults were confirmed in recent weeks and are the first reports of the lung illness in San Diego County since 2019.All the newly reported local cases tested negative for the novel coronavirus, which causes COVID-19, and all reported recently vaping products containing THC.The California Department of Public Health recently recognized new reports of confirmed lung-injury cases in persons vaping THC-containing products in April, after no cases had been reported since February.Since July 2019, a total of 52 EVALI cases have been reported in San Diego County residents. All patients had to be hospitalized."While our community is understandably focused on COVID-19, it is important to remember that lung injury from vaping is still a major public health concern," said Dr. Wilma Wooten, county public health officer. "People who vape, especially those using THC-containing products, are urged to stop."In January, the San Diego County Board of Supervisors voted to restrict the sale of flavored smoking products and e-cigarette and vaping devices in the county's unincorporated areas. These restrictions were proposed as a response to the e-cigarette- or vaping-associated lung injury cases in the county and across the country. Enforcement of these restrictions will begin July 1.THC-containing e-cigarette or vaping products, particularly obtained from informal sources, are linked to most e-cigarette or vaping, lung injury cases. Vitamin E acetate has also been strongly linked to the outbreak and has been found in product samples from patients and in patient lung fluid samples.The Centers for Disease Control and Prevention recommends that people not use THC-containing e-cigarettes or vaping products obtained from informal sources such as friends, family, pop-up shops or online sellers. Additionally, the CDC says that youth, young adults and pregnant women should never use e- cigarette or vaping products. 2182