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SAN DIEGO (AP) - President Donald Trump is strongly defending the U.S. use of tear gas at the Mexico border to repel a crowd of migrants that included angry rock-throwers and barefoot, crying children.Critics denounced the action by border agents as overkill, but Trump kept to a hard line."They were being rushed by some very tough people and they used tear gas," Trump said Monday of the previous day's encounter. "Here's the bottom line: Nobody is coming into our country unless they come in legally."At a roundtable in Mississippi later Monday, Trump seemed to acknowledge that children were affected."Why is a parent running up into an area where they know the tear gas is forming and it's going to be formed and they were running up with a child?" the president asked.He said it was "a very minor form of the tear gas itself" that he was assured was "very safe."Without offering evidence, Trump claimed some of the women in Sunday's confrontation are not parents but are instead "grabbers" who steal children so they have a better chance of being granted asylum in the U.S.On Tuesday, U.S. authorities lowered the number of arrests during the confrontation to 42 from 69. Rodney Scott, chief of the Border Patrol's San Diego sector, said the initial count included some arrests in Mexico by Mexican authorities who reported 39 arrests.Scott also defended the agents' decisions to fire tear gas into Mexico, saying they were being assaulted by "a hail of rocks.""That has happened before and, if we are rocked, that would happen again tomorrow," he told reporters.The showdown at the San Diego-Tijuana border crossing has thrown into sharp relief two competing narratives about the caravan of migrants who hope to apply for asylum but have gotten stuck on the Mexico side of the border.Trump portrays them as a threat to U.S. national security, intent on exploiting America's asylum law. Others insist he is exaggerating to stoke fears and achieve his political goals.The sheer size of the caravan makes it unusual."I think it's so unprecedented that everyone is hanging their own fears and political agendas on the caravan," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies immigration. "You can call it scary, you can call it hopeful, you can call it a sign of human misery. You can hang whatever angle you want to on it."Trump rails against migrant caravans as dangerous groups of mostly single men. That view figured heavily in his speeches during the midterm election campaign, when several were hundreds of miles away, traveling on foot.The city of Tijuana said that as of Monday, 5,851 migrants were at a temporary shelter, 1,074 were women, 1,023 were children and 3,754 were men, including fathers traveling with families, along with single men.The U.S. military said Monday that about 300 troops who had been deployed in south Texas and Arizona as part of a border security mission have been moved to California for similar work.The military's role is limited largely to erecting barriers along the border and providing transportation and logistical support to Customs and Border Protection.Democratic lawmakers and immigrant rights groups blasted the tactics of border agents."These children are barefoot. In diapers. Choking on tear gas," California Gov.-elect Gavin Newsom tweeted. "Women and children who left their lives behind — seeking peace and asylum — were met with violence and fear. That's not my America."U.S. Customs and Border Protection Commissioner Kevin McAleenan said the administration's concerns about the caravan "were borne out and on full display" Sunday.McAleenan said hundreds — perhaps more than 1,000 — people attempted to rush vehicle lanes at the San Ysidro crossing. Mexican authorities estimated the crowd at 500. The chaos followed what began as a peaceful march to appeal for the U.S. to speed processing of asylum claims.McAleenan said four agents were struck with rocks but were not injured because they were wearing protective gear.Border Patrol agents launched pepper spray balls in addition to tear gas in what officials said were on-the-spot decisions made by agents. U.S. troops deployed to the border on Trump's orders were not involved in the operation."The agents on scene, in their professional judgment, made the decision to address those assaults using less lethal devices," McAleenan told reporters.The scene was reminiscent of the 1980s and early 1990s, when large groups of migrants rushed vehicle lanes at San Ysidro and overwhelmed Border Patrol agents in nearby streets and fields.The scene on Sunday left many migrants feeling they had lost whatever possibility they might have had for making asylum cases.Isauro Mejia, 46, of Cortes, Honduras, looked for a cup of coffee Monday morning after spending Sunday caught up in the clash."The way things went yesterday ... I think there is no chance," he said.Mexico's Interior Ministry said in a statement it would immediately deport the people arrested on its side of the border and would reinforce security.Border Patrol agents have discretion on how to deploy less-than-lethal force. It must be "objectively reasonable and necessary in order to carry out law enforcement duties" and used when other techniques are insufficient to control disorderly or violent subjects.___Long reported from Washington. Associated Press writers Robert Burns in Washington; Julie Watson in San Diego; Jill Colvin in Biloxi, Miss.; and Christopher Sherman in Tijuana, Mexico, contributed to this report. 5562

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

SAN CLEMENTE, Calif. (KGTV) -- A mother of three, nearly killed when a great white shark bit her in April, is paying it forward after countless people donated tens of thousands of dollars to help with her medical bill and living expenses while she recovers.Leeanne Ericson of Vista was the guest bartender Monday evening at Cassano’s in San Clemente.It was originally a fundraiser for Ericson. She decided to give the night’s donations to the Torrey Pines Surf Ministry which takes Wounded Warriors, and others with physical disabilities, surfing.Ericson lost much of her right thigh when the shark bit her April 29.“Leeanne was out swimming while I surfed, and a great white, mistaken identity, though she was a sea lion and took her instead,” her boyfriend Dusty Phillips said.Related:  801

SAN DIEGO (AP) — California hospitals are facing increasingly difficult decisions about which services to postpone amid a crushing load of coronavirus patients. Intensive-care beds are full in Southern California and the Central Valley, and hospitals elsewhere are nearing capacity. Gov. Gavin Newsom has yet to threaten the type of shutdown of elective surgeries that occurred in March and April. But some health care professionals and patient advocates are trying to quell any possibility, telling him in a letter it will it lead to bad outcomes for patients. Meantime, hospitals are doing what they can to create space. At UC San Diego Health, COVID-19 has delayed treatment for more than 30 patients in the last three months, mostly orthopedic procedures. 767

SACRAMENTO, Calif. (KGTV) -- California State Senator Brian Jones tested positive for coronavirus, he announced on Twitter Wednesday.Jones said he learned of his positive test result after returning to Sacramento for the end of the session.According to Jones’ Twitter, the State Senator plans to take additional tests to rule out a possible false positive.“In the meantime, he’ll be following CDC and CDPH protocols for those receiving a positive test result,” a spokesperson said.The news comes as 228 more people throughout San Diego County tested positive for the virus Wednesday.So far, more than 37,000 people in San Diego County have tested positive for COVID-19. 677