Posted on 06/08/2019 6:45:09 AM PDT by yesthatjallen
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.
The 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.”
SNIP
Navy spokesman Brian O’Rourke said the Navy vows to give Gallagher a fair trial.
(Excerpt) Read more at apnews.com ...
Set him free!....and apologize!
Seems like that former prosecutor went to the Bob Mueller/Andrew Weissman School Of Win At All Costs.
I think the entire case should be dismissed. Regardless, I think Trump will pardon him after the trail if he’s found guilty, but hopefully he’s acquitted instead.
The military justice system is a joke.
You are predetermined guilty per the commander.
Good news. He is getting closer and closer to complete clearance.
I wonder if the prosecutors have ever been in the shit in a combat zone?
*************
Agreed.
This is a classic example of why if I am ever called to Jury Duty, the chances of me voting guilty are about the same as OJ Confessing. THEY ARE ALL LIARS AND SHOULD BE EXILED TO LIBYA.
Because we cheated, we’ll give you a 50% discount on your guilt.
Same here.
I'm holding them to the high standard to which they refuse to hold themselves.
I will go into the trial assuming that the cops lied, planted evidence and that the prosecutors and judge are all in on it.
IOW, I assume the accused is innocent and that the system is corrupt.
In a real court of law, with a real judge, the case would be thrown out based on prosecutorial corruption. But this appears to be a situation wherein the holdover obama military is allowing ideological hatreds to overcome jurisprudence.
On what authority can a judge change a potential sentence as a sufficient remedy for constitutional violation. Life without the possibility of parole and life with the possibility of parole is a distinction without a difference.
Such a decision is proof of illegal command influence.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.