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SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715

SAN DIEGO (CNS) - Military and civilian emergency crews spent a third day battling a stubborn, hot blaze aboard the USS Bonhomme Richard at Naval Base San Diego Tuesday, laboring to subdue a perilous conflagration that has injured scores of firefighters and caused extensive damage to the warship.Despite the destructiveness of the fire, however, Navy officials reported late Tuesday morning that the vessel appeared to have escaped irreparable harm, though all-out efforts to quell the flames were ongoing within the ship and from outside it."The ship is stable, and (its) structure is safe," Rear Adm. Philip Sobeck told reporters during a briefing at the naval base south of downtown San Diego.The fire was posing no active threat to the vessel's fuel tanks, which were "well below any active fire or heat sources," Sobeck said.RELATED: Dozens hurt in fire on USS Bonhomme RichardThe blaze broke out shortly before 9 a.m. Sunday in a part of the vessel where cardboard and drywall supplies are kept, sending thick columns of acrid smoke above the bay, according to the Navy and the San Diego Fire-Rescue Department.Because the vessel was undergoing maintenance work when the fire erupted, its built-in flame-suppression system was inoperative, according to base officials.After about 90 minutes, authorities decided to remove all firefighters from the vessel for safety reasons and battle the blaze by remote means, including water dropped from helicopters and sprayed onto the ship via firefighting boats surrounding it on the bay.About two hours after the fire began, a blast of unknown origin shook the vessel."None of the (SDFRD) firefighters were on board the ship when the explosion happened, but the blast threw several firefighters off their feet," the city department reported.The conflagration sent temperatures as high as 1,000 degrees in parts of the vessel and left it listing in the water, officials said.Adding to the dangers posed by the inferno, the flames were burning several decks away from a section in the ship where a million gallons of oil is housed, the admiral acknowledged Monday, though he expressed confidence that firefighters could keep the blaze away from that storage area.A total of 61 crew members -- 38 sailors and 23 civilian firefighters -- battling the blaze have suffered various minor injuries, mostly heat exhaustion and smoke inhalation, according to Navy officials.There were 160 sailors and officers aboard the ship when the fire broke out, Navy spokesman Brian O'Rourke said.About four hours after the ship began burning, the Navy moved the USS Fitzgerald and USS Russell to berths farther away from the fire, according to Mike Raney, deputy public affairs officer with the Naval Surface Force.What sparked the blaze remains unknown, Sobeck said.PHOTOS: Fire erupts aboard ship at Naval Base San Diego"Going forward, the Navy will do a thorough investigation of the incident, to assess the cause of the fire (and) damage to the ship," the admiral said. "But right now ... my focus and our focus remain putting the fire out and keeping our ship base safe."Among the precautions in the area of the blaze instituted by the U.S. Coast Guard were a one-nautical-mile safety zone on the waters around the ship and up to 3,000 feet in the air.USCG personnel also were assessing "environmental sensitivities and has contracted an oil-spill response organization to preemptively deploy protective boom to guard against any potential environmental concerns," according to a statement from the federal maritime agency.Users of neighboring marinas were being advised to "utilize protective safety measures" as well, according to the agency.Despite the severity of the fire, Sobeck told news crews he was "absolutely hopeful" that the personnel were doing everything possible to make sure the Bonhomme Richard can sail again."I cannot tell you how extremely proud I am of the work that our sailors have shown -- the toughness, the resiliency and the teamwork with their fellow firefighters (from outside fire) departments," Sobeck said Tuesday morning.On Sunday, Mayor Kevin Faulconer pledged that city officials were "here for the sailors and civilians affected by the ship fire at Naval Base San Diego.""All of the crew is off the USS Bonhomme Richard and accounted for," Faulconer noted. "Thank you to our brave sailors and rescue crews."Officials in National City asked residents to remain in their homes as much as possible to avoid health hazards from the smoke billowing off the burning ship. Likewise, the San Diego County Air Pollution Control District Office noted that if residents can smell acrid smoke, they should limit physical activity and stay indoors if possible."Right now, we're not seeing anything rise to a level of health concerns for the public," county Public Health Officer Dr. Wilma Wooten said Monday. "However, where smoke is present, San Diegans should limit physical activity and stay indoors, if possible, to limit exposure to particulate matter. The situation could change, as the fire is expected to be burning for a few days."The Bonhomme Richard is the third warship in U.S. naval history to bear the name, which means "Good Man Richard" in French and honors Benjamin Franklin's Poor Richard's Almanac.The vessel has been homeported at Naval Base San Diego since the spring of 2018, when it returned from a six-year port switch to Sasebo, Japan, while becoming the command ship for Navy Expeditionary Strike Group Seven. 5500

SAN DIEGO (CNS) - Again citing rising coronavirus hospitalizations and deaths over the past month, Gov. Gavin Newsom Thursday announced plans for a "regional stay-at-home order" that will be implemented in areas running low on intensive-care unit beds and force the closures of some businesses.The order would be triggered when ICU bed availability in a select region falls below 15%. Although no region met that criteria as of Thursday, Newsom said the Southern California region could meet it in a matter of days.Unlike the state's four-tiered coronavirus monitoring system, which grades every county individually, the new stay-at-home order will apply more broadly to five "regions" in the state: Southern California, the Bay Area, the greater Sacramento area, Northern California and the San Joaquin Valley."The five regions that we have highlighted, most of these, four out of the five, we anticipate as early as the next day or two ... that the greater Sacramento, Northern California regions, as well as San Joaquin Valley and Southern California region will have reached that 15% or less ICU capacity," Newsom said. "The Bay Area may have a few extra days -- our current projections suggest mid-, maybe late-December."The Southern California region includes Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.Newsom stressed that ICU admissions due to COVID-19 have spiked by 67% statewide in recent weeks, in conjunction with a surge in cases that has also seen a disturbing rise in fatalities. He said the state reported just 14 deaths on Nov. 2, but now has had back-to-back days of 113 deaths, with nearly 1,000 fatalities in last four days."The bottom line is, if we don't act now, our hospital system will be overwhelmed," he said. "If we don't act now, we'll continue to see the death rate climb, more lives lost."When triggered, the stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Under the order, the following businesses/recreational facilities will be forced to close:indoor and outdoor playgrounds;indoor recreational facilities;hair salons and barbershops;personal care services;museums, zoos, and aquariums;movie theaters;wineries;bars, breweries, and distilleries;family entertainment centers;cardrooms and satellite wagering;limited services;live audience sports; andamusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor-only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.Newsom said the order is "fundamentally predicated on the need to stop gathering with people outside of your household, to do what you can to keep most of your activities outside and, of course, always ... wear face coverings, wear a mask."Newsom also noted that the state still has a travel advisory in place recommending against non-essential travel and urging people to quarantine when they return to the state. When the regional stay-at-home order is triggered, it will strongly urge residents to cancel any non-essential travel.Dr. Mark Ghaly, the state's Health and Human Services secretary, acknowledged there is no real mechanism for enforcing such a travel restriction, but the state will rely on public cooperation."We believe that really emphasizing this is what we hope our citizens will do because their communities are at particularly high risk, their hospitals are having difficulty keeping available ICU beds open, that people will restrict their travel statewide," he said.Newsom again said the state has 11 medical "surge" facilities on standby to open and provide hospital bed space. One of them, the ARCO/Sleep Train Arena in Sacramento, will open Dec. 9, and another is set to open in Imperial County.Included among the other nine surge centers that could be opened are the Fairview Development Center in Orange County, the Riverside County Fairgrounds, the vacant Sears building in Riverside and Palomar Medical Center in San Diego, Newsom said.The governor stressed that the pandemic emergency won't last forever."There is light at the end of the tunnel," he said. "We are a few months away from truly seeing real progress with the vaccine. ... We do not anticipate having to do this once again. But we all really need to step up. We need to meet this moment head on and we need to do everything we can to stem the tide, bend the curve and give us the time necessary by bending that curve to get those vaccines in the hands of all Californians all across the state."The governor's announcement was met with derision from some Republican lawmakers"Governor Newsom clearly doesn't understand that Californians are tired of being locked in their homes," Sen. Melissa Melendez, R-Lake Elsinore, said. "He has ignored the calls from parents with children falling behind socially and academically while his own children attend in-person private school. He is ignoring the cries from small business owners struggling to keep their dreams alive, desperately trying to avoid the over 19,000 businesses that have permanently closed."Senate Republican Leader Shannon Grove, R-Bakersfield, demanded that the governor provide scientific evidence supporting the stay-at-home order."Governor Newsom continues to disrupt life as we know it without releasing the full data behind his decisions or showing the impact his actions are having on our lives," Grove said. "With all the changing guidelines over the last nine months, evidence-based decision-making has to become the standard and not this hodgepodge approach advanced by the governor."But Sen. Dianne Feinstein, D-California, threw her support behind Newsom, saying skyrocketing case numbers make the action necessary."The last eight months have been difficult for everyone," she said. "The toll of this pandemic on families across the country has been devastating, and the mental, economic and social wellbeing of many Americans is suffering. But we must stay strong and do all we can to save lives. Together we will see it through." 6499

SAN DIEGO (CNS) - For the fifth day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people -- however, the state said it will have to review the data before removing the county from its monitoring list.Previously, county and state officials had said if the rate stays below 100 per 100,000 people (it was 91.9 Sunday) for three consecutive days, the county would officially be removed from that list. After an additional 14 consecutive days below that number, K-12 schools could potentially reopen for in-person teaching, depending on individual school district metrics.Some 48 elementary schools have filed waivers with the county to return to school early.That timeline is now uncertain, as are the specifics of reopening certain businesses for indoor operations.As the county awaits further guidance from Gov. Gavin Newsom, public health officials on Sunday reported 334 new COVID-19 cases and no new deaths as of Saturday, raising the county's totals to 34,678 cases, with the death toll remaining at 626.Of the 7,047 tests reported, 5% returned positive, maintaining the 14- day positive testing rate at 4.3%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,944 daily.Of the total positive cases in the county, 2,856 -- or 8.2% -- have required hospitalization since the pandemic began, and 715 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported three new community outbreaks, bringing the number of outbreaks in the past week to 24. The latest outbreaks were reported in a business, a restaurant and a restaurant-bar, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating last week at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it.The free testing site will operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily." 3073

SAN DIEGO (CNS) - Military and civilian emergency crews spent a third day battling a stubborn, hot blaze aboard the USS Bonhomme Richard at Naval Base San Diego Tuesday, laboring to subdue a perilous conflagration that has injured scores of firefighters and caused extensive damage to the warship.Despite the destructiveness of the fire, however, Navy officials reported late Tuesday morning that the vessel appeared to have escaped irreparable harm, though all-out efforts to quell the flames were ongoing within the ship and from outside it."The ship is stable, and (its) structure is safe," Rear Adm. Philip Sobeck told reporters during a briefing at the naval base south of downtown San Diego.The fire was posing no active threat to the vessel's fuel tanks, which were "well below any active fire or heat sources," Sobeck said.RELATED: Dozens hurt in fire on USS Bonhomme RichardThe blaze broke out shortly before 9 a.m. Sunday in a part of the vessel where cardboard and drywall supplies are kept, sending thick columns of acrid smoke above the bay, according to the Navy and the San Diego Fire-Rescue Department.Because the vessel was undergoing maintenance work when the fire erupted, its built-in flame-suppression system was inoperative, according to base officials.After about 90 minutes, authorities decided to remove all firefighters from the vessel for safety reasons and battle the blaze by remote means, including water dropped from helicopters and sprayed onto the ship via firefighting boats surrounding it on the bay.About two hours after the fire began, a blast of unknown origin shook the vessel."None of the (SDFRD) firefighters were on board the ship when the explosion happened, but the blast threw several firefighters off their feet," the city department reported.The conflagration sent temperatures as high as 1,000 degrees in parts of the vessel and left it listing in the water, officials said.Adding to the dangers posed by the inferno, the flames were burning several decks away from a section in the ship where a million gallons of oil is housed, the admiral acknowledged Monday, though he expressed confidence that firefighters could keep the blaze away from that storage area.A total of 61 crew members -- 38 sailors and 23 civilian firefighters -- battling the blaze have suffered various minor injuries, mostly heat exhaustion and smoke inhalation, according to Navy officials.There were 160 sailors and officers aboard the ship when the fire broke out, Navy spokesman Brian O'Rourke said.About four hours after the ship began burning, the Navy moved the USS Fitzgerald and USS Russell to berths farther away from the fire, according to Mike Raney, deputy public affairs officer with the Naval Surface Force.What sparked the blaze remains unknown, Sobeck said.PHOTOS: Fire erupts aboard ship at Naval Base San Diego"Going forward, the Navy will do a thorough investigation of the incident, to assess the cause of the fire (and) damage to the ship," the admiral said. "But right now ... my focus and our focus remain putting the fire out and keeping our ship base safe."Among the precautions in the area of the blaze instituted by the U.S. Coast Guard were a one-nautical-mile safety zone on the waters around the ship and up to 3,000 feet in the air.USCG personnel also were assessing "environmental sensitivities and has contracted an oil-spill response organization to preemptively deploy protective boom to guard against any potential environmental concerns," according to a statement from the federal maritime agency.Users of neighboring marinas were being advised to "utilize protective safety measures" as well, according to the agency.Despite the severity of the fire, Sobeck told news crews he was "absolutely hopeful" that the personnel were doing everything possible to make sure the Bonhomme Richard can sail again."I cannot tell you how extremely proud I am of the work that our sailors have shown -- the toughness, the resiliency and the teamwork with their fellow firefighters (from outside fire) departments," Sobeck said Tuesday morning.On Sunday, Mayor Kevin Faulconer pledged that city officials were "here for the sailors and civilians affected by the ship fire at Naval Base San Diego.""All of the crew is off the USS Bonhomme Richard and accounted for," Faulconer noted. "Thank you to our brave sailors and rescue crews."Officials in National City asked residents to remain in their homes as much as possible to avoid health hazards from the smoke billowing off the burning ship. Likewise, the San Diego County Air Pollution Control District Office noted that if residents can smell acrid smoke, they should limit physical activity and stay indoors if possible."Right now, we're not seeing anything rise to a level of health concerns for the public," county Public Health Officer Dr. Wilma Wooten said Monday. "However, where smoke is present, San Diegans should limit physical activity and stay indoors, if possible, to limit exposure to particulate matter. The situation could change, as the fire is expected to be burning for a few days."The Bonhomme Richard is the third warship in U.S. naval history to bear the name, which means "Good Man Richard" in French and honors Benjamin Franklin's Poor Richard's Almanac.The vessel has been homeported at Naval Base San Diego since the spring of 2018, when it returned from a six-year port switch to Sasebo, Japan, while becoming the command ship for Navy Expeditionary Strike Group Seven. 5500

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