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SAN DIEGO (AP) — A judge delayed the court-martial of a Navy SEAL accused of murder on Wednesday while lawyers resolve questions over whether the government's monitoring of emails compromised his right to a fair trial.Lawyers defending Special Operations Chief Edward Gallagher want the judge in the case removed because he was aware prosecutors planted tracking software in emails sent to the defense team and a journalist in an effort to find the source of news leaks."What we believed is that the judge authorized prosecutors to spy on the defense team," attorney Tim Parlatore said after the hearing. "Now looking at things it appears that prosecutors may have lied to the judge and that he didn't authorize it and he didn't know what they were really doing."Gallagher, who was dressed in Navy whites at the hearing, was scheduled to face trial May 28 on charges he killed a wounded Islamic State prisoner under his care in 2017. He is also charged with shooting two civilians in Iraq and opening fire on crowds.Now that date is uncertain as the defense tries to learn more about the email tracking and whether it violated the attorney-client privilege and protections against illegal searches.Parlatore said leak investigation documents he was provided show the effort was done without a search warrant or proper authorization.Parlatore asked who else knew about the email tracking and Judge Capt. Aaron Rugh told the prosecution to provide a list of "anybody that put their hands on this."Dozens of Republican congressmen have championed Gallagher's cause, claiming he's an innocent war hero being unfairly prosecuted. President Donald Trump got him moved from the brig to better confinement in a military hospital with access to his lawyers and family.Gallagher has pleaded not guilty to all counts. His lawyers said he did not murder anyone and disgruntled SEALs made the accusations because they wanted to get rid of a demanding platoon leader.Gallagher's supervisor, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher's re-enlistment ceremony next to the corpse.Parlatore said the leak investigation targeted the defense team and civilian lawyers in the case, including Portier's civilian attorney, Jeremiah J. Sullivan III and attorney Brian Ferguson, who represents SEAL witnesses in the case.Parlatore said the leak investigation had also gone so far as to conduct extensive background checks on the defense that turned up a speeding ticket Parlatore got in 2003 and the military records of all the veterans involved, including Carl Prine, a Marine Corps veteran who as the Navy Times editor and reporter has broken several stories in the case.The reports indicate they found no illegal activity by the lawyers or Prine, Parlatore said.The tracking software embedded in an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Christopher Czaplak was discovered two weeks ago by defense lawyers. Two days later, the prosecutor acknowledged the scheme in a closed-door hearing, but refused to provide details.Rugh said the monitoring ended May 10. He asked for a letter from senior Navy officials to clarify if anyone is still under investigation for the leaks, including prosecutors.The discovery has led to criticism that the prosecution trampled on press freedoms and violated the defendants' rights to a fair trial.Capt. David Wilson, chief of staff for the Navy's Defense Service Offices, wrote a scathing memo this week saying the lack of transparency has led to mistrust by defense lawyers in whether attorney-client communications are secure on the Navy-Marine Corps Intranet. An Air Force lawyer representing Portier had his computer and phone seized for review."The Air Force is treating this malware as a cyber-intrusion on their network," Wilson said in the letter obtained by The Associated Press.He said most of the leaks have benefited the prosecution's narrative and the likely leakers were on the government side of the case or in the Naval Criminal Investigative Service."It really looks like a lot of gamesmanship to affect the outcome of the case," Parlatore told the judge.___Melley reported from Los Angeles. 4283

SAN DIEGO — One of San Diego's biggest restaurant chains will reopen Friday, with plans to hire up to 250 new people by summer.Each of the Brigantine's 14 restaurants will begin hosting guests at the end of the week with spaced out tables, employee temperature checks and increased hand sanitizing stations, chief executive Mike Morton said in an interview Tuesday. Morton added that tables will be spaced out, but that outdoor event space at some locations will be converted to main dining to increase capacity. "It's a hard business when the economy is at full strength and there's not this silent enemy out there," he said. "Now it's just another element to deal with."The chain includes Brigantine, Miguel's Cocina, and Ketch Tap and Grill. Morton said the organization has been able to bring back most of its 1,100 furloughed workers, though some have declined because of unemployment boosts. He cautioned that decision as short sighted, given the tight job market that will persist after the extra benefits have gone away. Meanwhile, Brigantine is advertising 134 openings on its website at locations across the county. Additionally, Morton said Brigantine plans to hire as many as 250 additional for its Portside Pier complex, which is scheduled to open in July along the Embarcadero, on the site of the former Anthony's Fish Grotto. The facility will include three restaurants, two bars and a gelato and coffee shop. "We're always looking for good people," Morton said. "There might not be a spot available today but there might be three tomorrow."Brigantine closed its chain of restaurants two days after the governor's stay-at-home order went into effect in mid March. Morton said the restaurants tried to do take-out-only, but that it didn't make business sense at the time. 1794

SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DEIGO (KGTV) -- As the migrant caravan makes its way through Mexico, local attorneys and shelters in Tijuana are monitoring their progress, in case the immigrants arrive at the Tijuana and San Diego border.The group Federal Defenders of San Diego worked illegal entry cases during the last caravan in April. Kara Hartzler is one of their attorneys, she says theirs already a daily backlog with immigration cases and this caravan will further overwhelm the system.Hartzler says many immigrants from April's caravan are still in the asylum process.  It's estimated the new caravan is 4,000 to 7,000 immigrants in size, roughly three times bigger than the one in April. In Tijuana, shelters are having meetings to prepare for the possibility of a large arrival. In a series of tweets Monday morning, President Trump called the latest caravan a "national emergency" and threatened to cut off aid to certain Central American countries, adding that he's already alerted Border Patrol and the military.  1038

SAN DIEGO (CNS) - A federal judge Tuesday ordered correctional officers at the Richard J. Donovan Correctional Facility in Otay Mesa to wear body cameras while interacting with inmates, a first for California.The ruling comes in a civil rights lawsuit over disabled inmates' rights, in which a federal judge found evidence to support allegations of physical abuse of prisoners at the prison, the Los Angeles Times reported.The order applies to interactions with all inmates with disabilities inside the Otay Mesa facility, according to The Times.Attorneys for the inmates with disabilities had asked the judge to issue an order mandating body cameras for correctional officers after documenting widespread physical abuse of the inmates, the Los Angeles Times reported."Body cameras have never been used in California prisons. This is a very important order to help put an end to physical abuse and broken bones of those with physical disabilities at this most dangerous of prisons," attorney Gay Grunfeld told The Times. Her law firm, along with the Prison Law Office, represents the plaintiffs."Body cameras can bring sound and context to situations that involve the use of force which surveillance cameras cannot."U.S. District Judge Claudia Wilken gave the California Department of Corrections and Rehabilitation a timetable that effectively gives it five months to get the body-worn devices into use. She also ordered that records from body cameras be preserved from use-of-force incidents and that policies be created, The Times reported.Dana Simas, the press secretary for the Department of Corrections and Rehabilitation said in a statement to The Times the department takes "the safety and security of the incarcerated population very seriously, and vigorously work to protect those with disabilities. We will be carefully evaluating the order."Wilken also ordered the installation, within four or five months, of widespread surveillance camera systems at critical areas of the prison and the establishment of third-party expert monitor oversight of evidence gathered at the prison, according to The Times.Wilken ordered those actions as part of an injunction she granted as part of a bigger plan to address allegations of repeated physical abuse and retaliation against disabled inmates who complain about the prison facility, The Times reported.Wilken, an Oakland-based judge, is handling a class-action lawsuit that seeks to guarantee the rights of state prisoners under the Americans with Disabilities Act, according to The Times.The ruling Tuesday applies to the single prison, but Wilken is expected to hear another motion next month that examines evidence of abuses across the state prison system and seeks to implement the use of body cameras across 35 prisons, The Times reported.The injunction Tuesday was granted based on 112 sworn declarations from inmates that lawyers said showed staff "routinely use unnecessary and excessive force against people with disabilities, often resulting in broken bones, loss of consciousness, stitches or injuries that require medical attention at outside hospitals," according to The Times. 3151