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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

SAN DIEGO — San Diego County is falling into the state’s most restrictive tier of Coronavirus restrictions, just as holiday shopping season kicks off.Under the purple tier, retailers are limited to 25 percent capacity in their stores, down from 50 percent that they had been operating under.Ariel Hujar, who owns the Whiskey and Leather boutique at One Paseo, stocked up on all sorts of gifts for the holidays, including books, cocktail shakers and card games.“We prepare, we buy extra so if we don't sell it during this time it's really hard on us,” she said.The new tier is the latest turn in a topsy turvy year that has seen retailers go from curbside pickup only to 50 percent in store capacity, cut to 25 percent. The new tier takes effect at midnight Saturday "It doesn't help me to be angry about the loss of business," said Nancy Warwick, owner of Warwick's bookstore in La Jolla. "What we can do is just do our best right now and hope that customers still support us."At Grossmont Center's Prevue Formal and Bridal, General Manager Caitlin Todd said walk-ins could soon have to be turned away. While bridal sales are up, sales of prom dresses are down 90 percent.“It's been kind of just hanging on tight and figuring it out day by day,” Todd said. “We do have to create a new way of setting up our store, but that's just what everyone's used to doing now - changing everything."Miro Copic, a marketing professor at San Diego State University, said social media marketing and offering discounts of even 5 to 10 percent could make the difference.“For some of these retailers it will be a decision between life and death, of, will their business go forward, and are they willing to break even to ensure that they continue, versus trying to make sure they eke out a profit,” he said.The state says jobs in the county's general merchandise retail stores are down about 12 percent from a year ago. 1908

SAN DIEGO (AP) — U.S. immigration authorities separated more than 1,500 children from their parents at the Mexico border early in the Trump administration, the American Civil Liberties Union said Thursday, bringing the total number of children separated since July 2017 to more than 5,400.The ACLU said the administration told its attorneys that 1,556 children were separated from July 1, 2017, to June 26, 2018, when a federal judge in San Diego ordered that children in government custody be reunited with their parents.Children from that period can be difficult to find because the government had inadequate tracking systems. Volunteers working with the ACLU are searching for some of them and their parents by going door-to-door in Guatemala and Honduras.Of those separated during the 12-month period, 207 were under 5, said attorney Lee Gelernt of the ACLU, which sued to stop family separation. Five were under a year old, 26 were a year old, 40 were 2 years old, 76 were 3, and 60 were 4."It is shocking that 1,556 more families, including babies and toddlers, join the thousands of others already torn apart by this inhumane and illegal policy," said Gelernt. "Families have suffered tremendously, and some may never recover."The Justice Department declined to comment.The count is a milestone in accounting for families who have been touched by Trump's widely maligned effort against illegal immigration. The government identified 2,814 separated children who were in government custody on June 26, 2018, nearly all of whom have been reunited.The U.S. Health and Human Services Department's internal watchdog said in January that potentially thousands more had been separated since July 2017, prompting U.S. District Judge Dana Sabraw to give the administration six months to identify them. The ACLU said it received the last batch of 1,556 names one day ahead of Friday's deadline.The administration has also separated 1,090 children since the judge ordered a halt to the practice in June 2018 except in limited circumstances, like threats to child safety or doubts about whether the adult is really the parent.The ACLU said the authorities have abused their discretion by separating families over dubious allegations and minor transgressions including traffic offenses. It has asked Sabraw to more narrowly define circumstances that would justify separation, which the administration has opposed.With Thursday's disclosure, the number of children separated since July 2017 reached 5,460.The government lacked tracking systems when the administration formally launched a "zero tolerance" policy in the spring of 2018 to criminally prosecute every adult who entered the country illegally from Mexico, sparking an international outcry when parents couldn't find their children.Poor tracking before the spring of 2018 complicates the task of accounting for children who were separated early on. As of Oct. 16, the ACLU said, volunteers couldn't reach 362 families by phone because numbers didn't work or the sponsor who took custody was unable or unwilling to provide contact information for the parent, prompting the door-to-door searches in Central America.Since retreating on family separation, the administration has tried other ways to reverse a major surge in asylum seekers, many of them Central American families.Tens of thousands of Central Americans and Cubans have been returned to Mexico this year to wait for immigration court hearings, instead of being released in the United States with notices to appear in court.Last month, the administration introduced a policy to deny asylum to anyone who passes through another country on the way to the U.S. border with Mexico without seeking protection there first. 3736

SAN DIEGO — Marvel's "Avengers: Infinity War" has just hit theaters, igniting a new wave of excitement over the studio's next installment set for theaters next year.But fans hoping to catch a glimpse of what's in store at San Diego Comic-Con International are out of luck. Speaking with Collider, Marvel Studios president Kevin Feige announced there will be no Hall H presence at the convention in 2018."We’re not going to Hall H this year. It will be an off year… which is what we did after Avengers 1 and what we’ve done every few years," Feige said. "There will be a tenth-anniversary presence at Comic-Con but [no Hall H panel.]"Marvel has traditionally booked a Hall H slot on Saturday night of Comic-Con to make major announcements, tease upcoming movies, and deliver special experiences to fans. The panel routinely leads to fans waiting days to get inside the panel.This is the first time Marvel will sit out of Hall H since 2015.Marvel Studios will release the next Avengers film ("Avengers 4," for now) in May 2019, expected to pick up after the events of "Infinity War."Between now and then, the studios will release "Ant-Man and the Wasp" (July 6, 2018) and "Captain Marvel" (March 9, 2019). A "Spider-Man" sequel is also set for 2019. But Feige says no new announcements are expected until after "Avengers 4."Comic-Con International returns to San Diego July 19 through July 22. 1429

SAN DIEGO (CNS) - A 21-year-old bitcoin dealer from Baja California was ordered held without bail Friday in connection with a 31-count indictment charging him with international money laundering and other financial crimes related to his digital-currency transactions.Jacob Burrell Campos, of Rosarito, was arrested Monday as he tried to enter the U.S. from Mexico through Otay Mesa Port of Entry.During a bond hearing Friday in federal court in San Diego, Assistant U.S. Attorney Robert Ciaffa described Burrell as a prolific bitcoin dealer who sold about 0,000 worth of the cryptocurrency to hundreds of buyers throughout the United States.The defendant conducted 971 transactions with more than 900 customers, accepting cash in person, through his bank accounts and via MoneyGram, according to prosecutors.As a bitcoin "exchanger" whose activities constituted a money- transmitting business, Burrell was required to register with the U.S. Department of Treasury and comply with all anti-money-laundering requirements, including reporting suspicious cash transactions, Ciaffa told U.S. Magistrate Judge Karen Crawford.Burrell, however, accepted cash "with no questions asked" and, in return for a 5 percent fee, supplied hundreds of people with an easy way to evade money-laundering laws applicable to all financial institutions, even those dealing in bitcoin, the assistant U.S. attorney alleged.Burrell's activities "blew a giant hole" through the framework of U.S law by soliciting and introducing into the nation's banking system close to million in unregulated cash, Ciaffa said.Burrell, charged with 28 counts of money laundering, sent 28 wire transfers totaling over 0,000 from his bank accounts in the U.S. to a bank account in Taiwan in the name of Bitfinex, according to the indictment.The defendant resorted to buying bitcoin through Bitfinex, a Hong Kong cryptocurrency exchange, after his account was closed by a U.S.-based bitcoin exchange for circumventing its identification-verification processes.The defendant, who was born in San Diego, allegedly conspired with others to smuggle over million in U.S. currency into the U.S. from Mexico in amounts slightly less than ,000 in order to avoid currency-reporting requirements.In all, the indictment charges the defendant with operating an illegal money-transmitting business, international money laundering, failing to maintain an anti-money-laundering program and conspiracy to structure monetary transactions.In ordering Burrell held without bail, the judge found that he posed a substantial risk of flight due to his significant ties to Mexico, citizenship in three countries, access to large sums of cash, lack of steady employment in the U.S. and alleged disdain for American laws. 2774