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SAN DIEGO (AP) — A military judge on Monday took the rare step of removing a prosecutor accused of misconduct from the war crimes case of a decorated Navy SEAL.Capt. Aaron Rugh ordered Cmdr. Christopher Czaplak removed from the case of Operations Chief Edward Gallagher after defense lawyers accused the prosecution of spying on their emails, according to the ruling.The defense asked Rugh to dismiss the case or remove prosecutors because of a surreptitious effort to track defense emails without court approval in an effort to find the source of news leaks.Rugh said it was not in his power to determine prosecutorial misconduct, but there was the possibility of a conflict of interest that required Czaplak to be removed, the ruling said.Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.Last week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors.The removal could delay the trial scheduled to start June 10.Republicans in Congress have rallied in support of Gallagher, saying he has been mistreated. President Donald Trump, who intervened to move Gallagher to better confinement, has considered dismissing the charges.Gallagher pleaded not guilty to murder in the death of an injured teenage militant in Iraq in 2017 and to attempted murder for picking off two civilians from a sniper's perch.It is extremely unusual for a military judge to remove the prosecution or dismiss a case only days before the start of a trial. The military justice system has gotten few war crime convictions and been criticized for being ineffective.Gallagher's lawyers condemned the prosecution for embedding tracking code in emails sent to them and a journalist to find the source of news leaks.At hearings last week, Rugh indicated he was misled about the effort. He said investigators told him privately they planned to embed code in what he believed to be a court document to help them find the source of leaks but the judge said he didn't have the power to authorize such a tactic and wasn't told they planned to target emails sent to the defense lawyers or a journalist. 2161

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

SAN DIEGO (CNS) - A 16-year-old girl and 11 women were recovered during a two-day human trafficking operation in San Diego County that also resulted in the arrests of five men and a woman on a variety of charges, authorities announced."Operation Home for the Holidays" was conducted Monday and Tuesday and aimed at recovering juvenile victims and involved detectives from the San Diego County Sheriff's Department working undercover as sex buyers looking for online ads of suspected juveniles, according to a statement from the department.Child Welfare Services and a juvenile advocate assisted with the recovery of the teenager and the women were offered resources, the statement said.Deputies arrested five men for suspected prostitution-related violations, including one who was in possession of a gun at the time of his arrest. A woman was arrested for trafficking of a minor, the department said. It was unclear if the minor recovered was the one being trafficked by the woman."I'm proud of the great work being done by the San Diego County Human Trafficking Task Force," Sheriff Bill Gore said. "The cooperation between the sheriff's department and our local, state and federal law enforcement partners is sending a clear message that human trafficking will not be tolerated in San Diego County."The operation was a cooperative effort of the San Diego County Human Trafficking Task Force involving the California Department of Justice, California Highway Patrol, Federal Bureau of Investigation, Homeland Security Investigations, National City Police Department, San Diego City Attorney's Office, San Diego County District Attorney's Office, San Diego County Probation Department, San Diego County Sheriff's Department, San Diego Police Department and the United States Attorney's Office, Southern District of California. 1835

SAN DIEGO (AP) — The California National Guard is denying a report by that California has rejected President Trump's plan to send National Guard troops to the U.S.-Mexico border. The Associated Press originally reported that troops would not be allowed to fix and repair vehicles, operate remotely-controlled surveillance cameras to report suspicious activity to the Border Patrol, operate radios and provide "mission support," which can include clerical work, buying gas and handling payroll, the state reportedly told federal officials. Lt. Col. Thomas Keegan said Monday afternoon that "state officials have not rejected anything since the Governor responded to the federal government last Wednesday with the proposed 'Memorandum of Agreement between the State of California and The Department of Defense and the Department of Homeland Security.'President Trump praised Governor Jerry Brown last week after Brown pledged 400 troops to the Guard's third large-scale border mission since 2006.RELATED: Trump says San Diego 'pushing hard' for border wallThe governor's commitment allowed Trump to boast support from all four border-state governors and helped put the president above the lower end of his threshold of marshaling 2,000 to 4,000 troops that he wants as a border security mission to fight illegal immigration and drug trafficking.But the Democratic Brown conditioned his support by insisting that California's troops have nothing to do with immigration enforcement. He was not specific about jobs his troops would or would not perform or how he would distinguish between immigration-related work and going after criminal gangs and drug and gun smugglers.RELATED: San Diego set to receive 28 new miles of border wallBrown last week characterized his decision to contribute troops as a welcome infusion of federally-funded support to fight transnational criminal gangs and drug and firearms smugglers. According to one U.S. official, the California Guard has suggested assigning about 40 troops to marijuana eradication across the state. 2076

SAN BERNARDINO, Calif. (AP) — Jury deliberations have resumed in the trial of a Southern California man charged with killing a family of four and burying their bodies in the desert.Jurors last Thursday got the case brought by San Bernardino County prosecutors against 62-year-old Charles "Chase" Merritt. The jury was off Friday and deliberations started again Monday.Merritt's business associate Joseph McStay, McStay's wife Summer and the couple's 3- and 4-year-old sons vanished from their San Diego County home in 2010. Three years later, their bodies were found in shallow desert graves more than 100 miles (161 kilometers) away.Merritt was arrested in 2014. Authorities said they traced his cellphone to the gravesite area and to a call seeking to close McStay's online bookkeeping account.If Merritt is convicted, prosecutors will seek the death penalty. 869

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