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SAN DIEGO (AP) — Combat veterans from the Navy and Marines were among possible jurors Monday in the trial of a decorated Navy SEAL charged with killing an Islamic State prisoner in his care in Iraq.All but one of the potential jurors in the court-martial of Special Operations Chief Edward Gallagher had served in a combat zone and all but two were veterans of conflicts in Afghanistan and Iraq.The trial of Gallagher follows months of turmoil in one of the Navy's most prominent war crimes cases.The lead prosecutor was removed from the case earlier this month for tracking the defense team's emails and President Donald Trump has suggested he may pardon Gallagher.Gallagher has pleaded not guilty to premeditated murder in the killing of the prisoner in his care and attempted murder in the shootings of two civilians in Iraq in 2017. Gallagher says disgruntled platoon mates fabricated the allegations because they didn't like his tough leadership.The seven Marines and five sailors were seated in the jury box, given copies of the charges and asked a series of questions about the case.Each said they thought it possible that Navy SEALs could lie and that they could turn in a comrade on false allegations.They also said they could convict someone in the killing of a member of the Islamic State and in the case where no body was recovered. The prisoner's corpse was never found.If Gallagher is convicted, the panelists said they would consider post-traumatic stress disorder and traumatic brain injury at sentencing, if relevant, along with his military record.Five said they had personally faced the enemy and five had experience with detainees. Eight had lost friends or shipmates in combat.Defense lawyers unsuccessfully sought to have a Navy judge dismiss the case because they say investigators and prosecutors withheld evidence that could help Gallagher and violated his rights to a fair trial by embedding tracking software in emails sent to them.The judge, Capt. Aaron Rugh, refused to dismiss the case, but took steps to make sure Gallagher gets a fair trial and remedy violations of his constitutional right against illegal searches and the right to counsel.Rugh released Gallagher from custody, removed the lead prosecutor and reduced the maximum penalty he faces if convicted to life imprisonment with parole — instead of no chance of parole.Evidence at hearings last month showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three of Gallagher's 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.Prosecutors downplayed the effort to find the source of news leaks, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails. The government said the investigation did not find who leaked the documents.Gallagher's family maintains he cannot get a fair trial."The court's ruling, recognizing a direct violation of Chief Gallagher's constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform," his family said in a statement.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the Islamic State militant's corpse.The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak.Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. He said it was not within his power to determine whether Czaplak engaged in misconduct.The judge said the effort also harmed the public's perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions.Republicans in Congress have lobbied for Gallagher, claiming he's an innocent war hero being unfairly prosecuted. Trump, who intervened to move Gallagher to less restrictive confinement in March, said last month he is considering a pardon for several American military members accused of war crimes. 4385

SAN DIEGO — A new political ad is pushing a proposition it says will eliminate a "tax penalty" on homeowners whose homes burn down in wildfires.That measure, Proposition 19, would allow homeowners who lose their homes in a wildfire or natural disaster to transfer their property tax base to a replacement home anywhere in the state. That's important because in California, homeowners pay their property tax based on the value of a home when they buy it, under 1978's Prop 13. It only increases incrementally after. Therefore, buying a new home could cause a family's property tax bill to skyrocket. A new ad released by the Yes on 19 campaign, funded largely by the California Association of Realtors and California Firefighters Association, emphasizes that point. "It limits property taxes on wildfire victims, so families can move to a replacement home without a tax penalty," the ad says. Truth be Told, the benefit currently exists in California, but only in the county where a governor-declared disaster happened, or counties that accept transfers, which San Diego County only began doing two years ago. Prop 19 opens it to the whole state. Anurag Mehrotra, a professor of finance in San Diego State University's School of Business, said being unable to transfer the property tax basis does equate to a tax penalty."The person did not light his own house on fire, he was continuing to live there. I lost my house, now I have to buy a more expensive house," he said. "And when I get reassessed I'm basically going to be charged a higher amount." Proposition 19 does more than just allow the transfer for wildfire victims. It also allows up to three property tax base transfers for homeowners 55 and older, and those who are severely disabled. They can use it for any property, anywhere in the state. Another change, however, is that inherited properties are reassessed unless the recipient uses it as his or her primary home. Currently, heirs benefit because the property tax base transfers with the property, making for a big tax break. Under the proposition, there would be an adjustment upward, no matter the situation, if a market value of a home is above million. 2184

SAN DIEGO — It appears the Congressional seat vacated by Republican Duncan Hunter will remain in Republican hands, according a new scientific poll.The ABC-10 Union-Tribune scientific poll shows Republican Darrell Issa leading Democrat Ammar Campa-Najjar 51 percent to 40 percent, with 9 percent undecided. The poll, released Tuesday, has a margin of error of 5.7 points. It comes after the two prior polls showed the candidates in a virtual tie for the 50th Congressional District, which comprises most of East County and stretches into southern Riverside County. The shift came because independents moved to support Issa. Last month, the poll showed Campa-Najjar leading Issa in independents by 13 points. Tuesday's poll showed a major swing, with Issa leading among independents by 14 points. That's a 27-point swing. "In the end, independents in red-leaning area tend to be more red leaning, vice versa for blue-leaning areas, and so it's not surprising that Darrell Issa, as we get closer to the election, is bringing home these independents out in East County, San Diego," said Thad Kousser, political scientist at UC San Diego.The 50th District is the county's last in which Republicans outnumber Democrats in registration, giving Issa the advantage.In an interview Tuesday, Issa said he was traveling the district from Temecula to Jamul, meeting voters with social distancing. "I think my 18 years of support for pro-business, pro-50th type voting has allowed me to whether some pretty egregious claims of, somehow, corruptness and so on," he said. Campa-Najjar declined an interview Tuesday, but released this statement: “I’m inviting voters to reach me personally at 619-721-5148. The only poll that matters is on Election Day, and CA-50 voters have defied the odds time and time again. Darrell Issa is trying to buy and lie his way back to Congress. But CA-50 voters know me, I’ve spent the last four years listening to their needs. And I know that in one week, voters will show the world what I’ve seen over the past four years.”In response to that statement, Issa said, "It's a statement of somebody who is way behind in the polls, not likely to win, and somebody who spent more money and went negative claiming that, somehow, I was unfit from day one."SurveyUSA polled 538 likely voters in the district from Oct. 22 to Oct. 26. 2348

SALEM, Ore. (AP) — The death toll from the wildfires raging on the West Coast stands at least 33, with authorities saying nearly all of the dozens of people reported missing after a devastating blaze in southern Oregon have been accounted for. The flames have destroyed neighborhoods, leaving a barren, gray landscape in their wake, driven tens of thousands of people from their homes and cast a shroud of smoke over the region. The crisis has come amid the coronavirus outbreak, the economic downturn and nationwide racial unrest that has led to protests in Portland for more than 100 days. 599

SAN DIEGO (CNS) - A group of senators, including California's Dianne Feinstein and Kamala Harris, introduced a bill Thursday to address health, safety and quality-of-life concerns at private military housing around the county, including Marine Corps Base Camp Pendleton.Feinstein and Harris joined Virginia senators Mark Warner and Tim Kaine to introduce the bill. The senators began drafting the legislation after a November 2018 Reuters report detailing substandard and even dangerous living conditions at Lincoln Military Housing's privately owned complexes, including mold spores, water leaks and infestations of rodents and insects.The report also detailed multiple instances of Lincoln's slow and lack of a response to tenants complaining about living conditions. Lincoln Military Housing runs most of Camp Pendleton's 7,900 housing units.``Service members shouldn't have to worry about the health and safety of their families while protecting our country,'' Feinstein said.``Unfortunately, many living in private military housing are dealing with hazardous conditions with little or no recourse."In addition to Lincoln Military Housing's large presence in the military housing market, military members and their families living on a military base like Camp Pendleton lack the same tenant rights as civilians living on private land. Reuters found that tenant rights are generally set by contracts between the military and private housing companies or landlords.Because of this, military base residents can't press local governments to enforce health codes or withhold rent payments until repairs are made.The senators' bill would enable base commanders to withhold housing payments until officials with a housing company inspect a safety or health hazard. Housing companies would also be required to pay to relocate tenants if a hazard requires them to leave.In addition to consequences for private housing companies, the U.S. Department of Defense would be required to launch an online work order system, allowing tenants the ability to view the progress of their work order requests.``I was extraordinarily troubled by reports last year of inadequate housing conditions at Camp Pendleton and visited with families living there in order to learn more about their housing needs,'' Harris said. ``This legislation is an important step forward ensuring that we're doing everything we can to provide quality housing for our service members and their families across the country.'' 2491