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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 BERNARDINO (KGTV) -- A man was seriously injured after falling 100 feet at Mount San Gorgonio Sunday afternoon.According to the San Bernardino Sheriff’s Department, 34-year-old Anthony Casteneda was hiking with friends near High Creek Trail when he lost his footing and fell approximately 100 feet.After the fall, Casteneda was unable to hike out of the area due to serious injuries he sustained during the fall. Deputies say Casteneda’s friends were able to call for help. The department had to use a rescue helicopter to hoist Casteneda from the heavily-forested ice-covered slope.In a release, deputies say Casteneda’s rescue was the second of the day Sunday. 684

SAN DEIGO (KGTV)-- Millions of students from around the world skipped class and took to the streets to call attention to climate change. San Diego was one of more than 3,600 locations that held the global Climate Change Walkout. Hundreds of teenagers marched from San Diego High School in Downtown to the San Diego Civic Center, hoping to make an impact, three days before the United Nations Climate Change Summit. It's a fight against time. Time, they say, the planet does not have. "Climate change is the existential threat of our generation," Elea Castiglione said. The sophomore at San Deigo High School organized the walkout with her friends. She and hundreds of students hoped their actions would inspire world leaders to take aggressive steps to combat climate change. Point Loma High School senior, Kisi Apaak performed her spoken-word piece, "Madness," at the San Diego Civic Center rally. Being 17, she said she does not have an income, nor does she have the right to vote. She said spoken-word is her way to show Mother Nature that she cares."This is all I know how to do, is write and talk and get out and take action," Apaak said. Many said they were inspired by Greta Thunberg, the 16-year-old Swedish climate change activist, who has now become the face of the movement. Activists here said San Diegans should be more involved, considering our geography."I think that San Diego as a city needs to go carbon neutral, and we also need to be leaders as a coastal city in our protest for nationwide and global change," Castiglione said. Change, they hope to see in the world, before it's too late."I'll pray. Pray with my hands and my feet and my voice. I'll pray that you join me before we don't have a choice," Apaak said in her performance. Several area school districts, including San Diego Unified, passed resolutions to support the campaign. Most of the walkouts required some form of parental permission. 1930

SAN DIEGO (AP) — A Salvadoran woman seeking asylum in the United States spends her days holed up in her cousin's cramped slum house just across the border in Mexico — too scared to leave after receiving a savage beating from two men three weeks ago while she was strolling home from a convenience store.The assault came after she spent four months in captivity in Mexico, kidnapped into prostitution during her journey toward the U.S.The woman, 31, is among 55,000 migrants who have been returned to Mexico by the Trump administration to wait for their cases to wind through backlogged immigration courts. Her situation offers a glimpse into some of the program's problems.Critics have said the administration's policy denies asylum seekers like the Salvadoran woman fair and humane treatment, forcing them to wait in a country plagued by drug-fueled violence — illustrated this week by the slaughter near the U.S. border of six children and three women . All were U.S. citizens living in Mexico.The Trump administration insists that the program is a safe alternative in collaboration with the government of Mexico, even as the president vows to wage war on drug cartels that are a dominant presence in the dangerous border cities where migrants are forced to wait.The Department of Homeland Security added in a report last week that the program is "an indispensable tool in addressing the ongoing crisis at the southern border and restoring integrity to the immigration system."The woman said in an interview that she fled Santa Ana, El Salvador, on Jan. 31 after days on the run from a police officer who demanded sexual acts.She never said goodbye to her five children — ages 5 to 12 —fearing the officer would discover where they lived. The Associated Press granted her anonymity because she fears for her safety if her identity is revealed.She said she was kidnapped after leaving a Mexican government office on its southern border with Guatemala after inquiring about getting asylum in Mexico.She and others were taken in a minivan to Ciudad Juarez, on Mexico's border with Texas. Captors in a large room argued over who would take possession of the men, women and children gathered there.One wanted to extort money from her family. A second wanted to force her into prostitution and she ended up with him before her escape this summer to the home of a stranger who paid for her bus ticket to her cousin who lives across the border from San Diego.She said she shared her story with U.S. authorities after she walked across the border illegally alone on Sept. 18 where the wall ends in Tijuana, Mexico, and waited for an agent to arrest her. They rejected her pleas that it was too dangerous for her to return to Mexico to wait for a date in U.S. immigration court for a judge to hear her case.Then, on Oct. 14., she said she was punched and whipped with a belt by assailants near her cousin's home in a hillside neighborhood of dirt and concrete roads and empty, half-built homes occupied by drug addicts and squatters.She still had bruises as her case was heard last week in San Diego, when immigration Judge Lee O'Connor made no secret of his disdain for the policy of keeping asylum seekers waiting in Mexico.The scene in the courtroom was chaotic, with the infant child of a Honduran woman whimpering and then bellowing as O'Connor entered."Silence in the courtroom!" he barked. A guard escorted the child and his mother to the hallway.The judge questioned the two attorneys representing asylum seekers about how long it took them to visit clients in Mexico, noting infamously long waits to cross the border."Hours," the judge marveled.But the judge ruled the Salvadoran woman and the Honduran family were ineligible for the program because, in his view, the law governing asylum seekers only allows it for people who present themselves at official border crossings — not for immigrants like her who entered illegally.Customs and Border Protection officials then sent the woman back to Mexico with a notice telling her she had another court date set for Dec. 16, even though her case had been terminated.The woman's lawyer, Siobhan Waldron, accused Customs and Border Protection of making up the Dec. 16 court date to get the woman out of the U.S. and back to Mexico. Waldron said she does not know what will come next for her client.Customs and Border Protection did not provide answers to emailed questions about the woman's case. But Kathryn Mattingly, a spokeswoman for the Justice Department's Executive Office for Immigration Review, confirmed Wednesday that the Salvadoran woman has no future court dates set.For now, the Salvadoran woman sleeps on a foam mattress in a sparsely furnished one-bedroom home of concrete slabs and plywood walls — still scared to leave.She claimed that U.S. authorities told her while she was in custody that efforts to remain in the U.S. were futile."There's nothing you can do," she said she was told by one official. "This is not your country."___Associated Press writer Maria Verza in Mexico City contributed to this report. 5083

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