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The dismissal of prosecutor Chris Czaplak comes amidst a controversy over the tracing devices attached to Czaplak's e-mails to the defense team. Czaplak has ordered these devices as part of an investigation by the Navy's criminal investigation department into media leaks in the case. The defense had argued that Czaplak was not fit to pursue the case, as future investigations into the legality of the e-mail tracker could create a conflict of interest.
In his ruling on Monday, Judge Aaron Rugh said that Czaplak's participation in the investigation by e-mail "could reasonably create a conflict requiring its withdrawal in accordance with the prescribed procedure". While making sure not to pass judgment on possible rule violations, Mr Rugh said that "the danger of an investigation is real enough" for a future conflict to occur. interests can arise and have an impact on the case.
The judge is scheduled to rule Tuesday on another defense motion to have the case dismissed, said O & # Rourke. Last week, Rugh ordered the release of Gallagher because of the lengthy trial caused by the controversy over email tracking.
Navy spokesman Brian O'Rourke said the defense had withdrawn a separate motion to dismiss the judge in the case.
"So we're going to take a look at it, I have not done anything yet, I have not made a decision, there are two or three at the moment." It's very possible that I'll let the trials continue and I'll make my decision after the trial, "Trump told reporters last month.
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