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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.

Defense lawyers say the allegations against Gallagher were fabricated by subordinate SEAL team members disgruntled with his leadership style and seeking to force him from his command.The prosecution also tracked emails of the lawyers of Gallagher's commanding officer, Lt. The 39-year-old career combat veteran and platoon leader has pleaded not guilty to all charges. In addition to murder and attempted murder, Gallagher is charged with obstruction of justice for allegedly trying to intimidate his accusers into silence. Gallagher is charged with fatally stabbing a helpless, wounded Islamic State fighter in his custody and with shooting two unarmed civilians - a school girl and an elderly man - from a sniper’s perch during his 2017 deployment to Mosul, Iraq. military personnel accused or convicted of battlefield atrocities. The timing of the trial could be rendered moot in light of reports that President Donald Trump is considering offering a pardon to Special Operations Chief Edward Gallagher and other U.S. Navy SEAL Special Operations Chief Edward Gallagher's defense attorney, Timothy Parlatore, speaks with reporters in San Diego at a pre-trial hearing for Gallagher who was charged with war crimes in Iraq, in San Diego, U.S.