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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

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

SAN DIEGO (CNS) - A construction project at the Edward J. Schwartz Federal Office Building in downtown San Diego will result in a 21-month closure of a portion of Front Street, beginning Saturday.According to the U.S. General Services Administration, a two-block stretch of Front Street, between Broadway and West F Street, will be affected by the construction project, which is expected to last until June 2021. Pedestrian and vehicle traffic will be detoured around the project area.The project will reinforce and enhance the Front Street underpass beneath the Schwartz Federal Building. The project is designed to increase safety for the building's occupants as well as pedestrians and motorists, according to the GSA.The Federal Building's existing framing at the underpass will be reinforced with new steel beams, concrete paneling and column support structures, federal officials said.Signs will be in place on Interstate 5 to alert motorists to the closure as they enter downtown. The easternmost lane of Front Street between Broadway and E Street will provide access to the underground parking garage at 101 West Broadway and for turning city buses.Construction work hours will be from 7 a.m. to 5:30 p.m. except on weekends and holidays.The roadwork will be completed first, followed by pedestrian walkways with full-height walls to separate the road from walkways, according to the GSA."One of our strategic goals is better management of federal real estate and this GSA construction project allows for that while also being a catalyst for downtown revitalization," said GSA Regional Administrator Tom Scott. "By enhancing the Schwartz Federal Office Building's structural integrity, we're also providing a safer public space in partnership with the community." 1779

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 (CNS) - A coalition of activists led by MoveOn.org held a "day of action" Saturday aimed at saving the U.S. Postal system, with nearly 700 nationwide rallies -- including many in the San Diego area.The rallies were held outside various postal facilities."... we will show up at local post offices across the country for "Save the Post Office Saturday" to save the post office from (President Donald) Trump and declare that Postmaster General Louis DeJoy must resign," said a statement on the MoveOn.org website.San Diego County rallies included Oceanside, Carlsbad, Vista, Encinitas, Pacific Beach, Ocean Beach, Hillcrest, Normal Heights, Carmel Mountain, Lakeside, University City, College Grove, Otay Mesa, San Ysidro, El Cajon and Escondido.DeJoy, who became postmaster general June 16, has been accused of tampering with the nation's postal service by banning overtime, removing mail sorting equipment and prohibiting extra trips by postal workers to collect mail and parcels that arrive later in the day under the auspices of cutting costs.The U.S. Postal Service lost .8 billion in the 2019 fiscal year, more than twice the amount of the previous year, and DeJoy has said the changes are necessary to save money.Critics have said the changes have slowed mail delivery at a time when more people are relying on the service amid the ongoing coronavirus pandemic, and to vote by mail ahead of the Nov. 3 election.DeJoy attempted to defend his leadership during a hearing Friday before the Senate Homeland Security and Governmental Affairs Committee and said operational changes would be put on hold until after the election. He also vowed post offices will be able to handle mail-in ballots.He is expected to testify Monday before the Democrat-led House Oversight Committee.Trump described DeJoy last Saturday as "a very talented man" and "a brilliant business person." He was chairman and CEO of the North Carolina- based contract logistics firm New Breed Logistics from 1983 until 2014.White House press secretary Kayleigh McEnany said at a briefing Wednesday that the Postal Service "does have sufficient funding through 2021, and they do currently have cash on hand. They've been given that billion line of credit through the CARES Act," referring to the federal coronavirus relief bill.McEnany said the Trump administration is "certainly open to" increased Postal Service funding.On Tuesday, Trump called for Amazon to pay more for shipping packages through the Postal Service."Amazon is paying an ancient price, and they shouldn't be," Trump said. "And they shouldn't be allowed to pass it on to their customer."Trump also said "we shouldn't get rid of any of our postal workers."Ruth Y. Goldway, a commissioner of the U.S. Postal Regulatory Commission from 1998-2015 and its chair from 2009-14, urged "everyone to be calm," in an op-ed published Tuesday by The New York Times."Don't fall prey to the alarmists on both sides of this debate," wrote Goldway, a Democrat appointed to the commission by then-President Bill Clinton and reappointed in 2002 and 2008 by then-President George W. Bush. "The Postal Service is not incapacitated. It is still fully capable of delivering the mail."Goldway wrote that "while the agency indeed has financial problems, as a result of a huge increase in packages being sent through the system and a credit line through the CARES Act, it has access to about billion in cash. Its own forecasts predict that it will have enough money to operate into 2021."Goldway attributed the Postal Service's "shaky financial situation" largely to the approximately 30% drop in first-class mail, typically used for letters, from 10 years ago."The service's expensive, overbuilt infrastructure can absorb the addition of more mail in 2020, including election mail that is mailed to and sent back by every voter in every state," Goldway wrote.The U.S. House of Representatives, in a rare Saturday evening vote, passed a bill that would provide billion in funding for the Postal Service and requires the agency to return to prior operations levels.The vote was 257-150, with 26 Republicans joining all House Democrats voting in favor.Senate Republicans have said that they would not pass the bill, and President Trump has said he would veto it anyway. 4307