Republicans in Congress have lobbied for Gallagher, claiming he’s an innocent war hero being unfairly prosecuted. The judge said the effort also harmed the public’s perception of the military justice system, which has been criticized for being ineffective and has gained few war crime convictions. He said it was not within his power to determine whether Czaplak engaged in misconduct. Rugh removed Czaplak from the case because he said the potential for an investigation into his actions could present a conflict. The defense discovered the tracking code hidden in a suspicious logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of lead prosecutor Cmdr. Jacob Portier, who faces charges of conduct unbecoming an officer after being accused of conducting Gallagher’s re-enlistment ceremony next to the Islamic State militant’s corpse. The prosecution also tracked emails of the lawyers of Gallagher’s commanding officer, Lt. “The court’s ruling, recognizing a direct violation of Chief Gallagher’s constitutional rights but not dismissing the case, sends a chilling message to every man and woman in uniform,” his family said in a statement. Gallagher’s family maintains he cannot get a fair trial. The government said the investigation did not find the source of leaks. Prosecutors downplayed the effort, saying it only gathered data, such as internet protocol addresses, and did not snoop on the content of emails.
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