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SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

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 — When Johan Engman scouts locations for his breakfast-centric restaurants, he always seeks places with lots of outdoor space.“Just because we're in Southern California,” he says. “Not because I was predicting a pandemic.”But that criteria sure helped when the coronavirus outbreak hit, and restaurants became limited to outdoor-only seating.Some Breakfast Republic locations didn't lose any capacity, while others, such as its Encinitas eatey, lost about 75 percent.“We're surviving,” Engman says. “I think 2020 is really about being here in 2021.”On Monday - a little help making it through the year. Gov. Newsom and the county paved the way for restaurants across San Diego County to serve tables indoors at 25 percent capacity, after two months of outdoor only. Still, it’s unclear whether the increased restaurant capacity will lead to more jobs- as tens of thousands of displaced workers wait for the call.In July 2019, more than 130,000 San Diegans worked in county restaurants, according to the state Employment Development Department. Last month - with restaurants at outdoor only - that number was just 103,000, a nearly 21 percent drop.Alan Gin, an economist at the University of San Diego, said restaurants will be cautious when it comes to adding staff.“If they can get by without additional staff I think they're going to try to do that,” Gin said. “But if they're strained, if they're already at capacity and to add those 25 percent they're going to need to bring more people back, I think that's what they'll do.Engman says Breakfast Republic will be hiring with the increased capacity, but it’s too early to know the number. He says, however, that he is concerned about winter weather amid still mostly outdoor dining in the coming months.Engman says what would help spur hiring - another round of government stimulus Paycheck Protection Program loans. 1887

SAN DIEGO (AP) — The Trump administration said Thursday that it ended special considerations to generally release pregnant women charged with being in the United States illegally while their cases wind through immigration court.U.S. Immigration and Customs Enforcement said it scrapped a policy that took effect in August 2016 that pregnant women should be released unless they met limited criteria that required them to be held by law, such as serious criminal histories, or if there were "extraordinary circumstances."The new policy, which took effect in December but wasn't announced until Thursday, gives no blanket special consideration to pregnancy, though the agency says each case will be reviewed individually and women in their third trimester will generally be released.The move is the latest effort to scrap immigration policies created in the final two years of Barack Obama's administration. Shortly after Trump took office, rules that generally limited deportations to convicted criminals, public safety threats and recent border crossers were lifted, making anyone in the country illegally vulnerable. Deportation arrests have spiked more than 40 percent under Trump's watch.Administration officials said new rules on pregnant women aligned with the president's executive orders last year for heightened immigration enforcement."All across our enforcement portfolio, we're no longer exempting any individual from being subject to the law," said Philip Miller, deputy executive associate director of ICE's enforcement and removal operations.Women and immigrant advocacy groups, many who have criticized medical care at immigrant detention centers, swiftly condemned the change.While authorities made clear that it would review cases individually and that officers may consider pregnancy, the new policy shifts the focus more toward detention."It's basically a different starting point," said Michelle Brané, the Women's Refugee Commission's director of migrant rights and justice program and a frequent critic of immigration detention. "They're shifting the presumption. There used to be a presumption that detention was not a good place for pregnant women.""This new policy further exposes the cruelty of Trump's detention and deportation force by endangering the lives of pregnant immigrant women," said Victoria Lopez, senior staff counsel for the American Civil Liberties Union.U.S. officials said it was unclear how many women would be affected by the new policy. Immigration and Customs Enforcement took 506 pregnant women into custody since the new policy took effect in December and had 35 last week.Immigration authorities are required by law to hold certain people regardless of pregnancy, including people convicted of crimes listed in the Immigration and Naturalization Act or placed in fast-track removal proceedings when they are arrested crossing the border.Officials say it's unclear how many women who would have been released under the old policy will now be held. 3005

SAN DIEGO (AP) — A federal judge has blocked U.S. Customs and Border Protection employees from conducting the initial screening for people seeking asylum. The ruling Monday has dealt a setback to one of the Trump administration’s efforts to rein in asylum. The government argued that designated CBP employees are trained comparably to asylum officers at U.S. Citizenship and Immigration Services, another agency within the Homeland Security Department. U.S. District Judge Richard J. Leon in Washington called that argument “poppycock!” The nationwide injunction will likely have little, if any, immediate impact because the government has effectively suspended asylum during the coronavirus pandemic. 709