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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 (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 — With in-restaurant dining now outlawed amid the Coronavirus outbreak, a South Park neighborhood bistro has transformed itself into a local grocer where shoppers can get produce, milk, eggs, and - yes - toilet paper.Ownership at Eclipse Chocolate made the move this week to help the business get through a time when they can't carry out the core of their business - in house dining. "We were already selling our own chocolate, we're also selling local food brands, we do that all the time, so really it was just a matter of rearranging our own furniture," said Daniel Youngren, a co-owner of the eatery. Restaurants across San Diego County have been hit hard due to the restrictions, with many either shutting down or offering discounts for takeout. More than 126,000 San Diegans work in the industry, which has seen employees either lose their jobs or have their hours cut.Youngren says Eclipse Chocolate is no exception, with a number of its 20 employees seeing fewer hours and applying for unemployment assistance. Still, he says this allows the restaurant to make up at least a portion of the revenue lost and keep some workers busy, while also fulfilling its mission of getting food to people who are hungry.On Thursday, Eclipse Chocolate had used the tables from its dining room to offer apples, tomatoes, onions, cauliflower, to name a few. It also was getting a delivery of milk, eggs, butter, and toilet paper. "We do it all," Youngren said. "Our rent is very expensive, we designed this business, this child of ours to work in a pretty specific way. It is meant to be really adaptable." 1615

SAN DIEGO (CNS) - A gunman who allegedly tried to mug a man he met online under the pretense of buying a gold chain outside a Chula Vista Costco, was behind bars Wednesday, facing a robbery charge.Albert Molina, 30, was arrested Tuesday after a scuffle in which the 23-year-old alleged victim snatched away his gun, fired a shot and held him at gunpoint while calling 911, according to police.Prior to the confrontation, Molina and the other man had communicated via OfferUp, an online service that facilitates private sales of used goods, Lt. Dan Peak said.Meeting the seller outside a Costco store in the 1100 block of Broadway, Molina agreed to buy a gold chain and provided a money order to supposedly pay for it. The two men tried to cash the check together, but found it was no good, according to police.They went to Molina's car and were sitting in it when the seller asked Molina to return his chain, which Molina was wearing, Peak said, adding "the suspect refused and pulled out a gun."The two men wrestled over the gun, which ended up in the seller's possession as he fell out of the vehicle. Believing Molina was going to run him over, he fired a round in Molina's direction, then held him at gunpoint while summoning police.Patrol officers arrived shortly after 7:30 p.m. and took both men into custody. After being interviewed by detectives, the seller was released, while Molina was booked into San Diego Central Jail. Neither was reported to be injured. 1477

SAN DIEGO (AP and CNS) — A white Christmas was in store for parts of California with wet weather elsewhere in the state that could mean dangerous driving conditions and possible power outages."A storm system is coming and after about 10 p.m. tonight, we'll begin having scattered showers that will continue through the day on Christmas," NWS forecaster Samantha Connolly said of the San Diego impact. "The storm system will bring cooler temperatures through tomorrow, and snow above 5,000 feet."Connolly said temperatures will drop into the high 50s to 60s in most of San Diego on Christmas day. She said temperatures in the mountains are expected to dip into the 30s and 40s during the storm.RELATED: Check Your 10News Pinpoint Weather Forecast"We will have gusty winds as well through the day and night," Connolly said. "Wind gusts will be up to 30 mph along the coasts and in the inland valleys, and as much as 50 to 60 mph in the mountains and deserts."One-tenth to one-quarter of an inch of rain is expected along the coast and in the inland valleys and the deserts on Christmas. Half an inch to an inch of rain is expected in the mountains.The NWS forecaster said the storm will leave San Diego later in the day on Christmas. Wednesday, the day after the storm, is expected to be dry. But more light rain could be on the way."We have another potential storm system that could come in on Thursday and Friday," Connolly said. "We're expecting a little rain from that, but not much."The National Weather Service issued a winter weather advisory Monday for higher elevations in San Bernardino, Riverside, Los Angeles, Ventura and Kern counties.The weather service said the fast-moving storm system was expected to move into Southern California late Monday, bringing up to 4 inches of snow to elevations above 4,000 feet (1,200 meters) including Big Bear, Wrightwood and the Grapevine area of Interstate 5.The system also was expected to bring gusty winds between 40 and 60 mph (64 to 97 kph) and a chance of rain at lower elevations.The conditions could create snowy and ice-covered roads with low visibility and strong cross winds. The California Department of Transportation said chains will be required in mountain areas.In Northern California, the weather service issued a flash flood watch for an area of Mendocino County that was charred by wildfires earlier this year.The warning was in effect from noon until 6 p.m. Monday. Motorists traveling along Highway 20 should be on alert for possible road flooding, rockslides and debris flows, it said.The fire in July blackened 717 square miles (1,857 square kilometers), much of it in Mendocino National Forest.The weather service also issued a coastal flood advisory in parts of the San Francisco Bay Area until 2 p.m. Monday because of higher than normal tides.Holiday travelers in parts of the Sierra Nevada could see up to 2 feet of snow in some mountain passes at elevations of about 6,000 feet. Forecasters say that by Tuesday, snow could fall at lower mountain elevations. 3042