A military judge on Thursday released from custody Navy SEAL Edward Gallagher, who has been accused of war crimes and is reportedly being considered for a pardon by President Trump.
Capt. Aaron Rugh, the judge, said that he made the decision due to prosecutors obstructing Gallagher’s right to counsel, according to CBS News.
Gallagher’s attorneys on Friday will argue that his case should be dismissed. The SEAL faces a murder trial after the death of an ISIS prisoner. {mosads}
His attorneys have said that prosecutors added a tracking code to emails in an attempt to discover the source of news leaks, according to CBS. Lawyer Tim Parlatore says prosecutors engaged in a “rogue, relentless, and unlawful cyber campaign” in possible violation of attorney-client privilege.
“I feel like it’s a small victory on the way to the larger victory,” Andrea Gallagher, Edward Gallagher’s wife, said outside the court, according to CBS. “We have been utterly terrorized by this entire farce of a case.”
Edward Gallagher is accused of killing a teenage combatant in 2017 and shooting civilians from a sniper’s perch. His murder trial is scheduled for June 10.
Gallagher is one of multiple service members who have been charged with or convicted of crimes for whom Trump is reportedly considering a presidential pardon. Rep. Duncan Hunter (R-Calif.), a Marine Corps veteran, has also defended Gallagher.