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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

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

SAN DIEGO (CNS) - A former San Diego High School teacher who sexually and physically assaulted an underage female student pleaded guilty to 11 felonies Tuesday, including lewd acts on a child and assault.Juan Carlos Herrera, 49, formerly a special needs curriculum instructor, is slated to be sentenced to 10 years in state prison next month for assaulting the unidentified victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old, according to Deputy District Attorney Jessica Coto.His plea agreement includes lifetime registration as a sex offender and a strike offense for his plea to a dissuading a witness count for threatening the girl if she told anyone about what happened.RELATED: SDHS teacher accused of having sex with student represents himself in courtIn addition to the sexual assaults, Herrera threatened to cut the girl's arms and legs off if she told anyone what was going on, choked her and threw her on the ground, according to the prosecutor.The crimes occurred in his classroom, his car and at a hotel, prosecutors said.The prosecutor said the girl was a San Diego High School student, but is not a special needs student and was not one of Herrera's students."This case involves emotional manipulation by the defendant, who was verbally abusive and coercive towards the victim in this case, who was particularly vulnerable, as (Herrera) took advantage of information he knew about her background and used it to manipulate her," Coto said following his May arraignment.The investigation into Herrera began earlier this year, when the victim's mother reported finding suspicious and concerning text messages from Herrera on the girl's cellphone, SDPD Lt. Carole Beason said. 1761

SAN DIEGO — Authorities are investigating "In My Feelings" dance challenge incident on the southbound lanes of Interstate 15 near Aero Drive that happened on July 20.A driver claims he saw a boy that looked to be 10 or 11 years old jump out of a van, appear to dance and then run after the van as it began to drive off. Shortly after, the driver said he saw the boy get back into the van. 401

SAN DIEGO — A growing number of restaurants in San Diego want to wall off the parking spots outside their front doors and replace them with tables.The concept is called a Parklet, and the city of San Diego appears to be ready to embrace it - at least until social distancing mandates lift. "It's San Diego. We're getting the most beautiful weather of the year. Let us have some seats out there. Let us have some tables," said Merritte Powell, who owns La Puerta restaurant on 4th Avenue. Powell is readying an application to the city that would allow him to build on a curbside section of the street in front of his restaurant and put more seating. He says it's key to survive amid social distancing restrictions, which have limited his capacity. In fact, La Puerta even with hourlong waits still only pulls in 50 percent of the revenue it would have made before the Coronavirus outbreak. On bad days, revenue drops by as much as 70 percent. "Because of the way the seating is, because of the social distancing, stuff like that, I'm nowhere near where I need to be," Powell said. On July 7, the City Council will consider an urgency ordinance that would waive some fees for Parklets and help streamline their construction. Restaurants from downtown, Little Italy and North Park are all readying applications. The opportunity could help level the playing field for restaurants on streets that cannot be closed to vehicle traffic for on-street dining. The city has already permitted road closures on 5th Avenue and India Street for restaurants to expand. A stretch of North Park could be next. The urgency ordinance would last until social distancing restrictions expire or are lifted. 1693

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