SAN DIEGO — The lead prosecutor in the court-martial of a U.S. Navy SEAL charged with war crimes was ordered removed from the case on Monday because he electronically tracked email communications of defence lawyers without a warrant, a Navy spokesman said. Naval Base San Diego. At issue was the prosecution’s admitted use of electronic tracking software secretly embedded in email messages sent to members of the defence team, which the defence said amounted to warrantless electronic surveillance. The presiding judge, Navy Captain Aaron Rugh, said from the bench on Friday that prosecutors and NCIS investigators had violated Gallagher’s constitutional rights to a fair trial. — Reporting by Mike Blake in San Diego.

Source: National Post June 04, 2019 03:22 UTC