Judge removes prosecutor from Navy SEAL war crimes case

ABC News ^ | June 3, 2019 | Julie Watson, Brian Melley AP

[jazusamo]

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.

~snip~

Rugh has not yet ruled on whether to dismiss murder and attempted murder counts against Gallagher.

[jazusamo]

Now judge, throw out the charges.

[Still Thinking]

Not familiar with the case, so not commenting on dismissal on the merits, but any time there is prosecutorial misconduct, there is no other solution than dismissal with prejudice.

As long as the penalty is something less than a guaranteed loss every time it’s tried, the state can make a cost-benefit decision on whether the risk of whatever penalty is worth the advantage gained by the misconduct.

[Guenevere]

Gallagher needs to be released.....period

[jazusamo]

I’m with you.

[oldenuff35]

I agree. His rights have been kicked out of the way by the Navy and can not be totally restored.

Drop the charges now.

[iontheball]

While the judge only has access to punish the trial attorney in the case, rest assured there were higher ups in the command who will need to be prosecuted along with the trial attorney. Where did the trial attorney get the ‘bugs’? It is not likely he had the expertise to design the bug which would have required coordination with the IT department and highly unlikely he sent the bugs to the defense counsel team and the Navy Times without higher approval.

[jazusamo]

It was the NCIS who suggested and carried out the email bug thing, I believe.

[jazusamo]

MAGA!

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[Nifster]

It would be only right

[missthethunder]

Yep, Gibbs did it.

Sorry, could not resist.

[trebb]

Agree - when the “justice” system (including military courts) goes rogue, the charges need to be dropped and maybe punish the offenders who abuse the system...only way to get the scales to balance even with the blindfold on...

[Ann Archy]

Good start!

[napscoordinator]

But there needs to be a permanent solution so 10 years down the line some democratic president or AG doesn’t decide to reopen the case.

[JGPhila]

The contrast between the comments on FR and the comments on the ABC link are dramatic. The FR comments voice concern about the misconduct of the prosecutor and its’ impact on the justice system. The comments on the ABC link ignore the unethical actions of the prosecutor and cry out vengeance against Gallagher. The contrast between left and right couldn't be more clear.

[bitt]

another freeper suggests that the DS is attempting to present the military courts as something to distrust....because they know what’s ahead..

[lodi90]

another freeper suggests that the DS is attempting to present the military courts as something to distrust....because they know what’s ahead..

---

Military courts have already earned their distrust in spades. Haditha Marines, traitor Bergdahl, etc., etc.