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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 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

SAN DIEGO — Corinne Lam was in the middle of cutting a client's hair when her phone started blowing up.Governor Newsom had just announced that several businesses - including salons - had to cease indoor operations.“We're going back to square one. Do not pass go. Do not collect 0,” she said.Lam was especially frustrated because her client at the time had COPD, making her high risk for Covid-19. Yet she trusted Lam enough to still come to Rancho Bernardo’s Salotto Salon, which was reserved entirely for her.“And knowing that she feels as safe as she does here, it was otherwise maddening,” Lam said.Newsom announced the new round of shutdowns Monday - forcing gyms, salons, and malls to cease indoor operations in 30 counties - including San Diego.The order came after an increase in covid related hospitalizations, ICU beds, and positivity testing rates. It will last until the state’s Public Health Officer deems it safe to reopen.“It's incumbent upon all of us to recognize soberly that Covid-19 is not going away anytime soon,” Newsom said.The decision leaves Lam and other business owners wondering how they'll survive. Like her, many have already exhausted their Paycheck Protection Program funds that helped get them through the first shutdown.“It's like we're jumping into a pool with no water,” she said. “So who is going to supply the water? I don't know.”Lam may be able to move her haircuts outside, but it's complicated. Plus, the concrete's sweltering, especially with masks and gloves. 1514

SAN DIEGO — NFL quarterback Drew Brees and his wife say a San Diego jeweler lied and falsely represented the value of the jewelry sold to them.That's according to a lawsuit in which Brees and his wife are seeking million in damages and court costs from Vahid Moaradi, the founder of CJ Charles Jewlers, for fraud, a breach of an oral contract, and violations of business professions code.The lawsuit accuses Moradi of making friends with the Breeses and then using his "relationship and position to induce" Brees to rely "on his false representations as to the investment quality and market value" of numerous diamonds, a lawsuit filed in San Diego said.In the lawsuit, Brees says he has spent millions of dollars in business with Moradi, purchasing jewelry as gifts and as investments."In total, [the Brees] invested approximately million in investment quality diamonds recommended by Moradi," the suit states. "The independent appraiser determined the true market value of the diamonds ... was approximately million less than the prices the [Brees] paid."Brees also claims that Moradi "confessed he charged Plaintiffs a substantial markup," in one case charging a 550 percent markup. Brees also argues that Moradi went so far as to conceal the true quality of the diamonds using "reflective and painted settings." Moradi has fought back against the allegation. His attorney issued a statement, saying Brees has only himself to blame."Drew Brees aggressively purchased multi-million dollar pieces of jewelry. Years later, claiming to suffer ‘cash flow problems,’ he tried to bully my client into undoing the transactions," Eric George, Moradi's attorney, said. "Mr. Brees’s behavior and his belief that he was wronged because the jewelry did not appreciate in value as quickly as he hoped both demonstrate a lack of integrity and contradict basic principles of both economics and the law."He should restrict his game-playing to the football field, and refrain from bullying honest, hard-working businessmen like my client."  2128

SAN DIEGO (CNS) - A 24-year-old La Jolla man who was wearing a Jesus costume when he allegedly sucker-punched a San Diego police officer at a Gaslamp District Halloween street festival was charged Thursday with battery of a peace officer and resisting arrest. Eric Van Vleet, who was arrested in Idaho's Cassia County less than a week after the alleged Nov. 1 attack and extradited to San Diego, faces up to three years in prison if convicted. Deputy District Attorney Will Hopkins said the unnamed officer was breaking up a fight amid a crowd of people outside the Atomic bar about 1 a.m. when Van Vleet allegedly yelled, ``(Expletive) the police'' and punched the lawman in the side of the head. RELATED: Man in Jesus Halloween costume accused of punching San Diego police officerVan Vleet -- who was dressed as Jesus Christ with devil horns -- then walked away from the ruckus, disappearing into a crowd and getting into an Uber vehicle, according to the prosecutor. He traveled to Idaho, where he is the CEO of two companies, according to Hopkins. Defense attorney Marc S. Kohnen said Van Vleet is a majority partner in his companies, which are involved in advertising for medical products. The officer, a three-year member of the San Diego Police Department, was taken to a hospital for treatment of a roughly inch-long laceration and other trauma. The officer missed a week of work with post-concussion symptoms, according to Hopkins. Kohnen emphasized that his client has no criminal record and disagreed with San Diego County Superior Court Judge Jay Bloom's decision to set bail at 0,000. RELATED: San Diego police: Man accused of punching officer while wearing Jesus costume arrestedThe judge cited Van Vleet's travel to Idaho as part of the reason for the high bail, in addition to his apparent financial resources. Along with his ``business ties'' to the Idaho companies, Hopkins said investigators found a vehicle valued at around 0,000 at his home. According to the prosecution, surveillance footage and bar tabs helped investigators identify Van Vleet as the suspect. Kohnen countered that it's not clear whether Van Vleet or someone else in the crowd assaulted the officer, calling it a ``chaotic scene'' in which police arrested multiple people. Van Vleet pleaded not guilty and is due back in court next Tuesday for a bail review hearing. 2370