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SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three 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.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

Sales are surging at Stoddard’s Range and Guns. Long lines pack the Atlanta shooting range with people buying guns and ammunition.Co-owner Ken Baye says sales have soared since mid-March, when the pandemic hit.Now, he’s seeing a second wave of interest with more people now looking to learn how to use a firearm.That includes people like Michelle DeShields, an elementary school counselor. She's aiming to increase her personal safety during these uncertain times.“It’s just been scary with police brutality that we are looking at, even the protesting sometimes, you see it’s gotten a little out of hand,” she said.The National Shooting Sports Foundation reports background checks for firearms purchases saw record highs in April and May.And that millions of those people are new gun owners.DeShields' father was a military veteran and a police officer. So, she grew up with guns but never learned to use one until now.“I do feel like guns used safely for protection and they are a good thing,” she said.Though, her gun is something she hopes to never have to use outside of a shooting range. 1100

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

SACRAMENTO, Calif. (KGTV) -- With 35 days until the election, it appears California voters are in favor of eight state propositions that impact everything from property taxes to parole to rent control. Still, for most propositions, the support is not enough to feel comfortable. A new ABC-10News-Union-Tribune scientific poll shows eight propositions leading outside the poll's 5.4 percent margin of error. Still, pollster Survey USA says that could change because typically opposition to all ballot measures increase as election day gets closer. Then again, it says 2020 is not a typical election year. Thad Kousser, a political analyst at UC San Diego, said propositions that do not poll over 50 percent have an increased chance in ultimately failing, even if they are up."The more people learn about propositions and their details, the less there is to like about them," he said. "Sometimes a proposition has one part of it that people find attractive and then other details that they don't like, and as a campaign exposes those, as the No campaign makes that case, then support will drop off."The poll also shows Joe Biden defeating President Trump 59 percent to 32 percent in California. Interestingly, however, the poll says voters who plan to vote in person on election day choose Trump over Biden, 55 to 38. Here is the breakdown of the propositions as part of the poll, which surveyed 588 likely voters:Prop 15, which would reassess some commercial properties to raise property taxes for schools and local governments, exempting smaller businesses and farms, is passing 49 to 21, with the remainder undecided.Prop 16, which would eliminate the ban on consideration of race, sex, color, ethnicity or national origin in public education, public employment and public contracting to allow for more diversity, is passing 40 to 26, with the remainder undecided.Prop 17, which restores voting rights to former inmates, is passing 55 to 19, with the remainder undecided.Prop 19, which allows severely disabled homeowners, those over 55, and those who have lost their homes in a wildfire to transfer their property tax basis to any property in the state, and allocates new revenue to fire protection services, is passing 56 to 10, with the remainder undecided. Prop 20, which would reclassify certain crimes and change parole on other crimes, is passing 35 to 22, with the remainder undecided. Prop 21, which allows local governments to establish rent control on some properties over 15 years old, is passing 46 to 27, with the remainder undecided.Prop 22, which aims to keep Uber, Lyft and Doordash drivers as independent contractors with benefits, as opposed to full employees, is passing 45 to 31, with the remainder undecided. Prop 23, which adds requirements for kidney dialysis clinics, is passing 49 to 23, with the remainder undecided. 2854

SALEM, Idaho -- A neighbor who lives across the street from Chad Daybell is describing what he saw in the months after two children went missing. The remains of those children were discovered on Daybell's property.Family members confirmed the remains recovered by Rexburg police and the FBI belong to Joshua JJ Vallow and Tylee Ryan. JJ would have recently turned 8 years old, and Tylee was 17.Both disappeared at different times from Rexburg, Idaho, last September.Matthew Price said he's lived across the street from Chad Daybell, the entire time Chad and his family have lived in Idaho. He's been following the investigation into the missing children, and the suspicions that centered on his neighbor."We've been very concerned the whole time for JJ and Tylee," Matthew said.He watched out his windows and from his yard as law enforcement spent two days digging in Chad's yard, and searching the property.Matthew recognized the area where investigators brought in a backhoe to dig a deep hole, where it appears they recovered the children's remains.Now that he thinks back, he is remembering some incidents that stand out in that exact spot."We noticed they were having a few bonfires that were kind of out of the ordinary," he explained. "They had a big bonfire last fall, and they had two or three big bonfires this spring."Last fall, no one knew about the disappearance of JJ and Tylee. Matthew described that things seemed okay, aside from the bonfires, but that he did have one weird interaction with Chad.He said Chad and his late wife, Tammy Daybell, came over to his house to buy pumpkins."He was strange, he was different," Matthew described. "He didn't talk a lot, didn't make eye contact with us very much. Normally he would."Matthew said it was very out of character, but he figured Chad was having a bad day. He said Tammy died a week later.Eventually, Matthew learned about the search for JJ and Tylee, and the investigation into Chad Daybell and his new wife Lori Vallow Daybell, JJ and Tylee's mother.After Lori ended up in jail in nearby Madison County, Chad returned to his Salem home. Matt recalled that Chad kept to himself for the last couple of months, barely leaving the house.He said when Chad did leave the house, it was late at night.Tuesday morning at 7 a.m. Matthew was standing outside when he said he saw a convoy of law enforcement coming down the road to serve a search warrant. They surrounded the home, he said, and made all of Chad's adult children leave the house. Chad also left, but Matthew said Chad sat in his car for hours. Then suddenly, Matthew saw Chad try to leave."I saw his car take off down the road headed south towards Rexburg," Matthew said. "Just seconds later, the marked police cars had their lights and sirens, and floored it to go catch him."Now, Matthew's neighbor of several years is in jail, and police have made a devastating discovery right across the street from Matthew's home.Wednesday evening, police turned the home back over to the adult Daybell children. They were seen packing up and moving furniture out of the home, loading it onto a trailer and into truck beds. They quickly left.In all of this, what helps give Matthew peace of mind: "Just knowing there's closure for JJ and Tylee," he said.Next, the community is hoping for justice. 3317