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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 (CNS) - A federal judge in San Diego said Friday he is encouraged by the government's plan to locate parents who were either deported or released into the United States after being separated from their children at the border as part of the Trump administration's "zero tolerance" policy on 307

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 – Delegates at the California Democratic Party State Convention failed to endorse any candidates for U.S. Senate, governor and attorney general, denying Dianne Feinstein endorsement in her bid to stay seated in the U.S. Senate. The indecision sent shock through the party with 54 percent of the vote going to state Senate leader Kevin de Leon and 37 percent for Feinstein."The outcome of today's endorsement vote is an astounding rejection of politics as usual, and it boosts our campaign's momentum as we all stand shoulder to shoulder against a complacent status quo," de Leon said late Saturday in a prepared statement.Still, Feinstein holds a sizable lead over de Leon in statewide polls.Meanwhile, the gubernatorial vote was split between Lt. Governor Gavin Newsom. State Treasurer John Chiang, former state Superintendent Delaine Eastin and former Los Angeles Mayor Antonio Villaraigosa.The convention wraps up Sunday at the San Diego Convention Center with delegates expected to adopt the 2018 party platform. 1039

SALT LAKE CITY, Utah - Misinformation comes in many forms, but some can be harder to spot than others.Whether it's sharing a video clip or picture that doesn't tell the whole story, re-posting an article from a non-credible source, or commenting on a social media thread without reading the original post, chances are, most of us have been guilty of doing this at some point.Now, social media companies and the FBI are taking steps to prevent the spread of misinformation like this, especially when it comes to subjects like elections and COVID-19."We established a relationship with social media companies and other technology companies and maintain an open channel and ongoing dialogue with them to share threat information," said Casey Harrington, a supervisory special agent at the FBI's Salt Lake City Division.Here are a few tools that social media sites are making available to help you identify and prevent the spread of misinformation.Twitter is testing a prompt that comes up when you try to retweet an article that you haven't opened before.It will ask you if you would like to open it first.So far, they say they've found that people open articles 40 percent more often after seeing the prompt, and some people have chosen not to share it after opening the article."Make sure you’re getting your news from trustworthy sources, know the origin of your information, and seek out multiple sources so you’re making an informed judgment," said Harrington.Facebook is also doing its part by:Limiting the number of times you can forward a messageTelling you how old an article isSharing where the information is coming fromProviding links to trusted sources when information reviewed by fact-checkers is is found to be falseInstagram, which is now owned by Facebook, will also flag false information and provide an explanation as to why it's not accurate."They ultimately make the decision on the content and the users on their site," Harrington said. "I think the social media companies have recognized, based on past election cycles, what our adversaries and what cybercriminals are able to do, and have taken steps to try to counter that."The difficult thing about false information is it's hard to prosecute criminally."Fake news by itself is not illegal. The FBI cannot initiate an investigation based solely on speech protected by the first amendment. If a foreign adversary or if someone tied in with a foreign intelligence service is the one creating and pushing that information, that is something that we would take action on," said Harrington.So what can you do to prevent the spread of misinformation?Ask yourself these questions before posting or sharing something on social media:Has the story been reported somewhere else?Is it from a reliable source?Has the video or photo been taken out of context?If you're not sure, then there's a chance it's fake and it could do more harm than good if you share it.If you come across something that you think is false information, you can report it to the social media platform you found it on, which stops it from spreading further.This story was first reported by Jordan Hogan at KSTU in Salt Lake City, Utah. 3178

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