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SAN DIEGO (CNS) - Embattled Rep. Duncan Hunter criticized Navy officials Monday for their plans to possibly remove a Navy SEAL acquitted of murder charges from the service against the wishes of President Donald Trump. Hunter commented Monday outside San Diego federal court regarding the Navy's handling of the war crimes case of Navy SEAL Chief Edward Gallagher, who was acquitted by a military jury this summer of stabbing a wounded teenage ISIS fighter to death in Mosul, Iraq, as well as other charges of attempting to kill unarmed Iraqi civilians. Hunter discussed the Gallagher case for about five minutes with reporters, but did not comment regarding his ongoing campaign fraud case, in which he's accused of misusing 0,000 in campaign funds for personal use. Hunter was indicted along with his wife on five dozen criminal counts, including wire fraud, conspiracy, and falsification of records. Margaret Hunter, 44, has pleaded guilty to a conspiracy charge and awaits sentencing. Monday's hearing was postponed, but Hunter will return to court Dec. 3. RELATED COVERAGE:Trump says Navy won’t remove Gallagher’s SEAL’s designationEsper says Trump ordered him to allow SEAL to keep statusPentagon chief fires Navy secretary over SEAL controversyNavy to initiate 'Trident Review' of Navy SEAL Edward GallagherChief Edward Gallagher review expected to proceed despite Trump's oppositionGallagher was demoted in rank based on the sole conviction he received in the court martial for posing with the ISIS fighter's corpse in a photograph. On Nov. 15, Trump restored Gallagher's rank, but Navy officials said days later that a ``trident review'' would go forward regarding whether Gallagher would remain a member of the SEALs. Hunter, who has supported Gallagher throughout his court martial and news of the trident review, said ``The military will never admit that it's wrong on anything even when it obviously is,'' calling the Gallagher case an example of ``prosecutorial and bureaucratic abuse from within the military system.'' Hunter, who told reporters he's been in contact with Gallagher, said ``What the Navy was going to do was purely punitive, just to slap (Gallagher) in the face one last time before he retired.'' Hunter also criticized the Navy for ignoring Trump's authority as commander in chief. ``When the president says that Eddie Gallagher will retire with his trident with all the honors that he's earned in the Navy, that sends a pretty clear message that no retaliatory act by the Navy against Chief Gallagher is going to be accepted by the president,'' Hunter said. ``In this case, President Trump is the Secretary of the Navy's boss. He's everybody in the military's boss. So when he says something, whether he tweets it or not, or says it in a certain way or not, just because it's not written in the perfect bureaucratic order or way that we're used to from other people, doesn't mean that he doesn't mean what he says.'' On Sunday, Trump tweeted that he was ``not pleased with the way that Navy Seal Eddie Gallagher's trial was handled by the Navy,'' and said that Gallagher would retire with his Trident Pin. Navy Secretary Richard Spencer was fired Sunday, with the Gallagher case cited in a statement from the Pentagon as the central factor in Spencer's removal. DOD spokesman Jonathan Hoffman wrote that Secretary of Defense Mark Esper asked for Spencer's resignation after Spencer privately proposed to the White House to restore Gallagher's rank, despite his opposing public stance on the issue. In a resignation letter dated this Sunday, Spencer does not reference Gallagher specifically, but states that issues with Trump played a role. ``Unfortunately it has become apparent that in this respect, I no longer share the same understanding with the Commander in Chief who appointed me, in regards to the key principle of good order and discipline,'' he wrote. ``I cannot in good conscience obey an order that I believe violates the sacred oath I took in the presence of my family, my flag and my faith to support and defend the Constitution of the United States. The President deserves and should expect a Secretary of the Navy who is aligned with his vision for the future of our force generation and sustainment.'' In Trump's Sunday tweet regarding the Gallagher case, he briefly thanked Spencer ``for his service & commitment.'' The Navy SEAL review board is slated to hear Gallagher's case on Dec. 2. 4454

SAN DIEGO (CNS) - A transient who allegedly overpowered a woman in the East Village, dragged her into some bushes and sexually assaulted her before running away pleaded not guilty Tuesday to three felony charges, including assault with intent to commit rape.Gary Ryan Cushinberry, 51, who is on felony probation for robbery and failing to appear in court, was ordered held without bail.Late on the evening of Nov. 5, Cushinberry allegedly grabbed a 26-year-old pedestrian walking by herself in the 400 block of 13th Street, pulled her off the sidewalk and assaulted her before fleeing.Detectives identified Cushinberry -- a recent transplant from Indiana who has been living on the streets of San Diego -- as the alleged perpetrator by means of ``several tips and leads,'' Lt. Jason Weeden said.Cushinberry was arrested last Friday about 6:45 a.m. in the 200 block of 17th Street.When Judge Jay Bloom ordered the defendant to stay away from the alleged victim, Cushinberry said ``I don't know the woman,'' according to Deputy District Attorney Martin Doyle.The prosecutor said Cushinberry has a criminal past from Indiana that is still being looked into.Cushinberry -- who is also charged with two counts of digital penetration by a foreign object, faces 21 years in prison if convicted, Doyle said.A readiness conference was set for Dec. 3 and a preliminary hearing for Dec. 5. 1391

SAN DIEGO (CNS) - Father Joe's Villages and Connections Housing Downtown will accommodate nearly 300 additional homeless residents on Christmas Eve due to forecasted overnight rain, the San Diego Housing Commission announced Monday. The commission activates the Inclement Weather Shelter Program when temperatures drop below 50 degrees, the chance of rain is higher than 40 percent or in the case of sustained high winds. The program is a partnership between the commission, the city of San Diego, Father Joe's and Connections Housing. The commission also funds the program. Father Joe's can shelter an additional 250 residents throughout the night while Connections Housing can add up to 30 residents. Check-in at Father Joe's begins at 4 p.m. and residents are expected to check out by 5 a.m. the next morning. Check-in at Connections Housing runs from 5:30 p.m. to 7 p.m. and residents are expected to check out by 7 a.m. the next morning. Those at both shelters will have meals provided to them. Residents can dial 2-1-1 or visit 211sandiego.org to find out more about the county's Inclement Weather Shelter Program. 1128

SAN DIEGO (CNS) - A man accused of fatally stabbing a 65-year-old clerk inside an adult bookstore in the Midway District pleaded not guilty Friday to felony murder charges that could lead to the death penalty if he's convicted.Shaun Ward, 39, was non-responsive and kept his head down during his arraignment. He was ordered held without bail in the death of 65-year-old Diane Spagnuolo.Ward refused to answer questions from Judge Maureen Hallahan about his true name or date of birth.The judge read Ward his constitutional rights and his attorney entered the not guilty plea for him.Ward was charged with murder and special circumstance allegations that the murder was committed during a robbery and that the murder involved the infliction of torture.District Attorney Summer Stephan will decide later if Ward will face life in prison without the possibility of parole or capital punishment if he's found guilty.The victim was found dead inside the X Spot Adult Store on Midway Drive on Monday afternoon, according to San Diego police. Ward was arrested late that night at a residence in San Diego.A surveillance camera in the adult shop captured images of Ward prior to the slaying, reported about 12:45 p.m., police said.Ward will be back in court Nov. 14 for a status conference. 1290

SAN DIEGO (CNS) - An April 30 trial date was set today for a North Carolina man accused of raping and murdering a 79-year-old woman in her Normal Heights home more than 31 years ago.Kevin Thomas Ford, now 62, was arrested in June and charged with murder and a special circumstance allegation of murder during a rape in connection with the May 20, 1987, death of Grace Hayden.Investigator Tony Johnson of the San Diego County District Attorney's Office was reviewing the cold case in May when he decided to submit a single fingerprint found on Hayden's stove to a national database.He found a match: a print submitted by police in connection with Ford's 2015 arrest on charges of communicating threats, authorities said.The fingerprint allowed San Diego detectives to issue a warrant for Ford's arrest in July.RELATED: Man pleads not guilty in 1987 rape, murder of San Diego womanThe case is expected to get pre-assigned to a judge next month. 950

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