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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 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

SALT LAKE CITY — A Utah-based coffee company denies any supposed connection with or sponsorship of Kyle Rittenhouse after a photo of the teen wearing a shirt with the company's logo was shared on social media.In August, Rittenhouse, 17, traveled with a gun from his home in Illinois to Kenosha, Wisconsin amid unrest following the police shooting of Jacob Blake. Rittenhouse is accused of shooting and killing two people at the demonstrations.Rittenhouse was released from jail after paying a million cash bond on Friday. Over the weekend, Black Rifle Coffee Company was forced to respond after the host of a podcast which the company sponsors tweeted a discount code for the coffee along with the photo."Kyle Rittenhouse drinks the best coffee in America," Elijah Schaffer, host of Blaze Media's "Slightly Offens*ve," wrote in the now-deleted tweet.The same photo shared by another Twitter user. 907

SAN DIEGO — It's a nerve-racking place: on stage, behind the mic, looking out at a sea of people waiting for your punch line.The Comedy Palace in San Diego sees many comedians but not like the one who performed Friday night."It was something I thought about even in college but lacked the courage to do it," said Michael Schmid. "I always loved to make people laugh."Schmid always had the passion, but it was a recent visit to the doctor that gave him the courage he had been lacking."If not now, when?" Schmid said.Three years ago, he was diagnosed with primary lateral sclerosis, a condition similar to amyotrophic lateral sclerosis, or ALS."It had spread to my upper body and becoming more quadriplegic," Schmid said.One month ago, he made the toughest decision of his life."The most difficult thing I ever had to do in my life was to talk to my children about ending my life," he said.Schmid says he will end his life on December 27, citing severe pain. He shared the date with one of his favorite comedians, along with a dream and a request for help."My initial response was 'We're going to make this happen,' " said Lisa Alvarado.Alvarado talked with some friends in the industry to see if they'd help make Schmid's dream of performing come true."I'm talking comics with Netflix specials, Comedy Central specials," Alvarado said.In one month, the group developed a 15-minute standup comedy routine for Schmid to deliver Friday night. Many of the professional comedians were in the audience as Schmid performed in his wheelchair with Alvarado holding his microphone.After the performance, Schmid's father made his way to the stage to give his son a hug."I never expected him to do that and show the world we're close," said Schmid.Schmid's ex-wife and his four children were also in the audience."No matter how crappy of a hand he's been dealt, he's taken it with a joke," said Schmid's son Joshua.Schmid is grateful he had a chance to laugh."I want my friends and family to have at least that memory when I'm gone," Schmid said. "Do not just give up where you're at ... always strive and reach for something else.""Even if it is the end of your life," he said, "you can be more than you are right now." 2256

SAFETY HARBOR, Fla. — One of the hottest new cleaning products in the country comes from the naughty minds of two Howard Stern Show all-stars now living in Safety Harbor, Florida. But sorry, we cannot tell you the product’s name here.No, really. The name is kind of dirty.Let's just say it rhymes with “mittens.” If you really want to know, search for “shmittens” on Amazon. We’ll wait...These glove-shaped moist wipes were created a few years ago by a very funny couple: Richie Wilson and Rachel Fine. At first, the wipes were the perfect, cheeky Christmas stocking stuffer. “The name is what opens the doors,” says Richie, who says you can use his invention for cleaning babies, dogs or even office desks. “But once you see the use behind it, you realize it’s more than a gag gift.”Indeed! The wipes have gone viral recently. They appeared on a National Geographic special as a favorite of the military. After that, UNILAD, Good Housekeeping, Redbook and Yahoo News all chimed in.“We have a lot of people who send them overseas to the military,” says Rachel. “They don’t have access to showers all the time. They’re covered in sand.”With millions of clicks, the whimsical wipes sold out. They are now available again on Amazon, retailing for about a pack.For Richie, who made his name on one of the most popular radio shows in the world, the must-have cleaning product is bringing him a whole new fan base. “When I was on the Stern show, I had a certain type of audience,” Richie says laughing. “Now I’m on mom blogs!” 1562

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