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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

SACRAMENTO, Calif. (KGTV) - While some California counties are seeing stable rates of coronavirus cases and hospitalizations, others are seeing numbers they say raise concerns, according to the California Department of Public Health."We actively monitor all 58 counties and their current data," Governor Gavin Newsom said at a press conference on Monday.According to the California Department of Public Health's website, "The state will work closely with Local Health Departments to identify action steps and timelines for addressing issues that impact indicators of concern.”"We are providing technical assistance, we are providing resources, human resources and physical resources," Newsom said.As of Wednesday, state officials were working with 10 counties that have impact indicators of concern.At a Santa Barbara County Board of Supervisors meeting earlier this week, health officials explained the state's concern about hospitalizations.Health officials told the board, they were working to find out if the increase was in Santa Barbara County residents hospitalized or people from outside the county."What this means is we will be meeting with the state (Wednesday), the team, to talk about the drivers of the increased hospitalization and what our next steps in addressing and monitoring a stable hospitalization," Santa Barbara County health officials said on Tuesday.Other counties on the list are dealing with things such as elevated disease transmission potentially from public protests with large numbers of people in close proximity without face coverings and outbreaks in skilled nursing facilities and prisons.According to the California Department of Public Health's website, "Over the past several months, California has used data and science to drive our response to COVID-19. The county data posted below is intended to give Californians insight into how their county is doing and provide some early indication of developing areas of concern.""It is incumbent upon state and local governments, business sectors, and individuals to work together and take actions that limit the transmission of COVID-19. Only together can we make a difference," the site says. "Opened sectors should follow state guidance on how to reduce risk to the public, and individuals should continue to practice safety precautions such as wearing face coverings in public, physical distancing of at least six feet, frequent handwashing, and disinfecting surfaces. Those over 65 or those with underlying health conditions should continue to stay at home."Health officials say if a county that is being monitored meets the state threshold criteria three consecutive days, that indicator will no longer be flagged. 2712

SAN DIEGO — The Barbusa Restaurant in the heart of Little Italy is filled with famous guests, so to speak.Celebrity cutouts of the likes of Tommy Lasorda and the late James Gandolfini take up seats at tables closed for social distancing.“It's something just cute, and it makes people just feel comfortable,” Co-owner Joey Busalacchi says.Busalacchi put them there to help make the reopening more festive. Of course, he’d rather have real people in those tables - but can't because of coronavirus restrictions.The restaurant’s normal capacity is about 160, but had to be reduced to 120.That all changed Saturday night - when the Little Italy Association arranged for India Street to be closed to vehicle traffic - allowing restaurants to expand into the street.The extra space meant restaurants, already on razor thin margins, could serve their normal customer load.Barbusa was filled, serving up to 160 patrons.“Covid's not going away for a while, so the more we could get people to eat outdoors the better,” said Marco Li Mandri, the Little Italy Association’s Chief Executive Administrator.Li Mandri says the event was a major success, with good social distancing practices.The association will do it again this Saturday - with even more restaurants open - and could expand it even more in the future.Additionally, the Gaslamp Quarter Association announced on-street dining on Fifth Avenue starting Thursday.The city is also currently weighing a request from the North Park Main Street Association for dining on a stretch of 30th Street near University. 1563

San Diegans already pay some of the nation's highest gas taxes, and they're about to fork over even more at the pump.On Wednesday, the state will raise the per-gallon tax by 12 cents to 41.7 cents per gallon. That's on top of existing state and federal taxes drivers pay on regular gasoline. Gov. Jerry Brown and the state legislature approved the increase earlier this year to help fund state and local transportation projects. There's an interactive project map here. The new tax is supposed to generate about billion over the next 10 years. "For us just regular people, we don't have the extra money to pay for gas, especially with the commute," said La Mesa resident Anneke Crowder, who was filling up Monday. But there is one force at play that could lessen the hit from the increase. The day the tax goes up, Wednesday, is also the day that gas stations can start selling the less expensive winter blend.Marie Montgomery, a spokeswoman for the Auto Club, says that should cut the gas price about 6 cents, offsetting half the increase.Diesel drivers will be hit harder on Wednesday, when the per-gallon tax increases 20 cents, and the sales tax goes up to 13 percent. On Monday, the average gallon of regular gas cost .05 in San Diego, and Diesel .14.  1308

SACRAMENTO, Calif. (KGTV) -- Governor Gavin Newsom Sunday directed certain businesses to close amid the spread of the coronavirus. In a news conference, Newsom said he directed all bars, nightclubs, wineries and brew pubs to close to help stop the spread of the virus. Newsom added that he is prioritizing those who are over 65 and individuals with chronic conditions. RELATED: What's the difference? Cold vs. Flu vs. Coronavirus SymptomsThe governor also said he is prioritizing those who are homeless, announcing that the state would dispatch additional resources to help those individuals. The announcement was made during a White House press briefing in which President Donald Trump announced lower interest rates. RELATED: What's been canceled, postponed in San Diego, nationally due to coronavirusConfirmed cases of coronavirus increased to nearly 3,000 over the weekend in the United States, including 57 deaths. 928