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OCEANSIDE, Calif. (KGTV) — Defense attorneys for 15 Marines accused of human smuggling said they hope the judge dismisses the case.The attorneys argued that the Commander illegally used his power to discipline the Marines publicly, and therefore influenced the outcome of the case.It was a very public display of discipline.Fifteen Camp Pendleton Marines were cuffed and taken away by NCIS agents in front of an 800-person battalion formation in July. They were accused of human smuggling and conspiracy.But now, attorneys representing a few of the accused Marines said the public arrests violated their rights. Now, they are filing what's called an "undue command influence" motion against the Battalion Commander who led the formation."Anytime you have a Commander who is in a position of leadership who potentially affects a subordinate's rights to a fair trial, that can be viewed as potential 'undue command influence,'" military attorney Gary Barthel explained. "This motion for 'undue command influence' was made against the Battalion Commander for making comments and parading the 15 individuals out for what was supposed to be a recognition, and they were ultimately arrested." Barthel is a former legal advisor to Camp Pendleton's Commanding General. He said a Commanding Officer's job is to maintain good order and discipline their command. But in military law, they also wear the prosecutor and jury selector hats."Those two hats can clash," Barthel said. "That's why it's important for Commanding Officers to be careful what they say with regard to their views of the military justice system, or their views of a particular individual who has been accused of an offense."The defense team said the Commander used his power to influence the outcome of the case unfairly. But Barthel said in his experience with 'undue command influence' cases, he believes the military has likely already taken the Commander in question off the case."You can take the individual that allegedly made the statements involved out of the process, and that keeps the process fair and impartial," Barthel said. "I'm not sure that this is going to be a successful motion for 'undue command influence.'"The Marine Corps responded to a 10News inquiry regarding a video of the public arrests. They said: 2295

Oh look, it’s the sound of me Googling “how to make your own Adobo” https://t.co/YOScAcyAnC— Alexandria Ocasio-Cortez (@AOC) July 10, 2020 146

OCEANSIDE, Calif. (KGTV) - Whale watchers enjoyed a rare encounter off the Southern California coast Monday: four orcas teaming up to prey on dolphins. “It’s very, very rare,” said Oceanside Whale Watching manager Carla Mitroff. The company had a boat full of whale watchers off San Clemente when the orcas appeared. Boat Captain Shane and staff biologist Lauren Turley captured the moment. “They were thrilled beyond thrilled,” Mitroff said of the passengers. “It’s the holy grail of whale watching.” The Eastern Tropical Pacific orcas pass through Southern California after a stop in Mexico, Mitroff said. The whale watching team hasn’t seen orcas in more than a year. Monday, the orca pod preyed on two baby dolphins as the mother tried to fight the killer whales. It's not unusual for orcas to eat larger mammals.“The diet of orcas depends to some extent on what is available where they live,” according to the National Oceanographic and Atmospheric Administration. One ecotype of orcas in the Pacific Northwest eats fish, while other ecotypes eat marine mammals and squid. Killer whales are “considered a top predator, eating near the top of the food chain.” 1171

On Tuesday, President Donald Trump outlined his administration's plan to reopen schools at a White House event.The event was a "National Dialogue," featuring the President and First Lady Melania Trump.Watch the event below: Trump has been adamant that schools be reopened quickly, which is consistent with his administration's aggressive push to restart the economy. Trump has been calling for schools to reopen in the fall for months, and tweeted just last night that "SCHOOLS MUST OPEN IN THE FALL!!!" 511

Ohio's Attorney General and the U.S. Marshals Service announced the results of Operation Autumn Hope on Monday — a month-long, multi-agency crackdown focused on sexually-based crimes in the state.According to press releases from the U.S. Marshals and Ohio Attorney General Dave Yost, the operation netted hundreds of arrests for various sex crimes and the "physical recovery" of dozens of missing children throughout the month of October.In its press release, U.S. Marshals Service said Monday that "Operation Autumn Hope" took place "during the month of October," and Yost said in a press release that the operation involved "more than 50 law enforcement agencies" at the local, state and federal level.Throughout the month, Yost said that during the operation, 109 human trafficking victims were referred to social services. It's unclear how many people, if any, were arrested and charged with crimes relating to sex trafficking.Both Yost and the U.S. Marshals also said that 45 "missing or exploited children" were "physically recovered." Of those cases, at least one — that of a missing 15-year-old girl — was confirmed to have been linked to a human trafficking case. It's unclear if any of the other missing children cases involved human trafficking.Yost also said that throughout the month-long operation, 22 people were "apprehended" for seeking to have sex with a minor. It's unclear how many of those will face charges, but among those who are facing charges include "a pastor, students, and a rehabilitation resident advisor."Finally, Yost said that 157 men across the state were arrested "on charges of soliciting and other crimes."Students from Case Western Reserve University's Human Trafficking Law Project were partners in the operation. Ten faculty, law students and masters-level social work students met with survivors in the field and offered free legal representation and social services referrals."This experience allowed our students to witness firsthand a prime example of the inter-professional collaboration that is critical to anti-trafficking efforts," said Laura McNally-Levine, associate dean for Experiential Education at Case. "Participants gained insight into the incredible toll this heinous crime takes on its victims, and observed the difference that can be made by providing survivors with access to legal and social services. We are grateful for the tremendous efforts of law enforcement throughout this operation and for the opportunity to support survivors in such a unique capacity." 2532

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