![]() The two sides argued the matter for two days last week. Prosecutors have said the email "auditing tools" they used were designed merely to detect the flow of emails without revealing their content and were aimed at pinpointing the source of leaks from case files sealed by the judge. ![]() His defense team had filed motions seeking either to dismiss the charges altogether or to remove the senior government trial attorney on grounds of alleged misconduct by the prosecutor and agents of the Naval Criminal Investigative Service (NCIS).Īt issue was the prosecution's admitted use of electronic tracking software secretly embedded in email messages sent to members of the defense team, which the defense said amounted to warrantless electronic surveillance. The special operations platoon leader says he was wrongly accused and that fellow SEAL team members testifying against him, several under grants of immunity, are disgruntled subordinates who fabricated allegations to force him from command. The proceedings are being conducted at U.S. If convicted, he could face life in prison. Gallagher has pleaded not guilty to all charges, including obstructing justice in the case, which stems from his latest tour of duty in Mosul, Iraq, in 2017.
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