June 3 (UPI) -- The lead prosecutor in a court-martial of a Navy SEAL charged with war crimes was removed Monday, following revelations the prosecution was involved in a scheme to track emails sent to the defense and media.
Navy Cmdr. Chris Czaplak was dismissed from the prosecution team in the case against Special Operations Chief Edward Gallagher by Navy Judge Capt. Aaron Rugh, the San Diego Union-Tribune reported.
Rugh's ruling comes after the defense argued on Thursday and Friday for the charges against Gallagher be dropped due to the prosecution's attempt to track emails sent to members of the defense and to an editor of Navy Times without a warrant.
Gallagher, 39, was released from the Naval Medical Center San Diego last week by Rugh due to the prosecutor's interference in the case.
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Rugh said it isn't in the scope of the court to decide if the prosecution's actions violated professional responsibility rules but that there is the potential for a professional responsibility complaint to be filed, which would create a conflict of interest, Task & Purpose reported.
"Conceding that this area remains both nuanced and unresolved under the ethical rules, still the court concludes that the danger of investigation is sufficiently real that any trial counsel so situated might be motivated by factors unrelated to his position as a trial counsel," he said.
Rugh, however, declined to remove the defense's Marine Lt. Conor McMahon, though he was removed last week at the direction of Marine Col. Breven Parson, Marine Corps spokesman Carl Redding said.
"Capt. McMahon has been directed off of the case and this decision was made due to no adverse conduct on his own," Redding said in an email.
Marc Mukasey, one of Gallagher's lawyers and an attorney to President Donald Trump, said the defense will continue to fight for its client "until justice is done."
Gallagher was arrested Sept. 11 at Camp Pendelton's Intrepid Spirit Center and faces four counts of violating military law, including the most serious for the alleged killing of an injured 15-year-old Islamic State militant.
Gallagher's case made headlines in March when Trump tweeted that he would have Gallagher relocated from a military brig to a less restrictive location, stating it was "in honor of his past service to our country."
Navy Spokesman Brian O'Rourke said the Navy was complying with Rugh's decision.
"The senior trial counsel will be replaced by a qualified Navy attorney," he said. "Chief Petty Officer Gallagher is entitled to a fair trial and the Navy is committed to upholding that principle."
