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SAN DIEGO (AP) — The Navy has denied a request for clemency and upheld a military jury's sentence that will reduce the rank of a decorated Navy SEAL convicted of posing with a dead Islamic State captive in Iraq in 2017.A spokesman for naval operations, Cmdr. Nate Christensen, said Tuesday that Adm. Mike Gilday made the decision after careful review of the trial and the clemency request by lawyers for Edward Gallagher.Gallagher's lawyer, Timothy Parlatore, says they are disappointed and only a presidential tweet could change things. He says Gallagher will now lose up to 0,000 when he retires because of his loss of rank.RELATED: Navy SEAL Edward Gallagher demoted a rank, docked pay for four monthsA military jury acquitted Gallagher this summer of murder in the killing of the wounded captive and other charges. 829

SAN DIEGO (AP) — The California National Guard is denying a report by that California has rejected President Trump's plan to send National Guard troops to the U.S.-Mexico border. The Associated Press originally reported that troops would not be allowed to fix and repair vehicles, operate remotely-controlled surveillance cameras to report suspicious activity to the Border Patrol, operate radios and provide "mission support," which can include clerical work, buying gas and handling payroll, the state reportedly told federal officials. Lt. Col. Thomas Keegan said Monday afternoon that "state officials have not rejected anything since the Governor responded to the federal government last Wednesday with the proposed 'Memorandum of Agreement between the State of California and The Department of Defense and the Department of Homeland Security.'President Trump praised Governor Jerry Brown last week after Brown pledged 400 troops to the Guard's third large-scale border mission since 2006.RELATED: Trump says San Diego 'pushing hard' for border wallThe governor's commitment allowed Trump to boast support from all four border-state governors and helped put the president above the lower end of his threshold of marshaling 2,000 to 4,000 troops that he wants as a border security mission to fight illegal immigration and drug trafficking.But the Democratic Brown conditioned his support by insisting that California's troops have nothing to do with immigration enforcement. He was not specific about jobs his troops would or would not perform or how he would distinguish between immigration-related work and going after criminal gangs and drug and gun smugglers.RELATED: San Diego set to receive 28 new miles of border wallBrown last week characterized his decision to contribute troops as a welcome infusion of federally-funded support to fight transnational criminal gangs and drug and firearms smugglers. According to one U.S. official, the California Guard has suggested assigning about 40 troops to marijuana eradication across the state. 2076

SAN DIEGO (AP) — Otay Mesa Detention Center in San Diego was the site of the first big outbreak at U.S. Immigration and Customs Enforcement’s 221 detention centers. The origins of the outbreak are uncertain, but in interviews with The Associated Press, workers and detainees reveal shortcomings in how the private company that manages the center handled the disease: There was an early absence of facial coverings, and a lack of cleaning supplies. Symptomatic detainees were mixed with others. Some workers at the center quit; the Mexican consul general, responding to complaints from detainees, raised concerns about how the facility handled the outbreak.One guard at the facility told the Associated Press employees were discouraged from wearing masks because it would frighten detainees and make them think they were sick.According to ICE, there have been 168 detainees at Otay Mesa that have tested positive since the start of the outbreak. Four detainees are currently under isolation or monitoring and one detainee has died due to the virus.ICE adds that 11 ICE employees have also tested positive at the facility.More than 30 CoreCivic workers have tested positive, the AP reports. 1196

SALT LAKE CITY — A pair of best friends who met while studying at Utah Valley University are taking a long, unique journey to deliver a message of peace.James Alan Thompson of Sandy and his friend Paul T. Chavez are walking across the United States.Their journey began on June 24 in San Francisco. They hope to complete the 3,000-mile journey in Washington, D.C., by December.They were inspired to make the trek after seeing civil unrest and protests erupt across the country.“What is it we can do to make an impact, instead of just complaining about what’s going on,” Thompson said. “Talk to people in person and talk to them about how they have received kindness in their lives."The friends hope that by connecting with individuals from all walks of life and from all over the country, they can show there is much more that unites people than divides.“It’s touching one life at a time, one day at a time,” Chavez said. “We are opening up a space for this conversation about peace.”“There are good people in this country. This country is not as divided as some think it is,” Thompson said.Thompson and Chavez are walking about 20 miles per day. They expect to pass through Utah sometime in August.“Once we reach Salt Lake City we will do a day of kindness where we bring people together. We are going to try to serve the homeless population,” Thompson said.“To me, it’s about making a ripple in a river or lake that potentially has the chance of causing a wave,” Chavez said.Those who would like to follow James and Paul or support their journey can do so by clicking here.This story was originally published by John Franchi on KSTU in Salt Lake City. 1660

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