Edward Gallagher, Navy SEAL accused of war crimes, the case is not filed by a military judge

A military judge refused to file one of the most prominent war crimes cases in the navy on Friday, just days after he dismissed the senior prosecutor because of allegations of misconduct. Captain Aaron Rugh, however, found that the interference of prosecutors and investigators was sufficiently troubling to reduce the maximum sentence. Chief of Special Operations Edward Gallagher could face if convicted of premeditated murder.

Gallagher was sentenced to life in prison with no possibility of parole. But Rugh said that he would not impose any heavier sentence than life imprisonment with the possibility of parole.

The defense lawyers pleaded for the filing of the case after discovering that the prosecutors had secretly tracked their emails without the court's approval.

Rugh found that the intrusion left a doubt that Gallagher could benefit from a fair trial and "exerted intolerable pressure on the public's perception of the military justice system." ".

Gallagher is scheduled to appear on June 17 on charges of murder and attempted murder. Gallagher pleaded not guilty to the murder of a wounded youth activist in Iraq in 2017 and in an attempted murder for allegedly kidnapping civilians from the roost of a sniper.

On Monday, Rugh withdrew the chief prosecutor, the Cmdr. Christopher Czaplak. He stated that it was not in his power to determine whether Czaplak had committed a fault, but that the possibility of an investigation into his actions could constitute a conflict and require his dismissal.

It is extremely unusual for a military judge to dismiss an attorney a few days before the start of the trial. The military justice system has received few convictions for war crimes and has been criticized for its inefficiency.

Last week, Rugh unexpectedly released Gallagher from his detention, in order to remedy the prosecutors' interference in the midst of a hearing, also including charges that they had concealed evidence likely to 39, help his defense.

Gallagher is one of the accused war criminals who have Department of Justice in May requested the records, pointing out that President Trump is considering a pardon. Trump had already said in March that Gallagher would be moved to a "less restrictive confinement".