Judge cuts Navy SEAL’s penalty in murder case

SAN DIEGO — A military judge 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 Friday that 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.

The action also harmed the public’s view of the military justice system and cast doubt on Gallagher’s ability to get 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.”

“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.

Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Trump has considered dismissing the charges.

Gallagher is scheduled to go to trial June 17. He 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.

Julie Watson and Brian Melley are Associated Press writers.