{"id":23255,"date":"2019-06-04T01:05:55","date_gmt":"2019-06-04T01:05:55","guid":{"rendered":"https:\/\/one.sightlinemg.com\/armytimes\/uncategorized\/2019\/06\/04\/lead-navy-prosecutor-in-seal-war-crime-case-out-over-email-spying\/"},"modified":"2026-08-08T19:08:08","modified_gmt":"2026-08-08T19:08:08","slug":"lead-navy-prosecutor-in-seal-war-crime-case-out-over-email-spying","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/armytimes\/news\/your-army\/2019\/06\/04\/lead-navy-prosecutor-in-seal-war-crime-case-out-over-email-spying\/","title":{"rendered":"Lead Navy prosecutor in SEAL war crime case out over email spying"},"content":{"rendered":"\n

The lead Navy prosecutor in the war crimes case against a decorated Navy SEAL has been removed from the case by the judge for spying on defense teams and a Navy Times journalist.<\/p>\n\n\n\n

Navy Cmdr. Christopher Czaplak was ordered off the case against Special Warfare Operator Chief Edward \u201cEddie\u201d Gallagher<\/a> by the judge, Navy Capt. Aaron Rugh, on Monday after Czaplak admitted emailing 13 defense attorneys and paralegals, as well as Navy Times editor Carl Prine, a tracking beacon in an effort to find the source of leaks to the media.<\/p>\n\n\n\n

The defense attorneys have asked the judge to dismiss the charges against Gallagher or remove prosecutors because of the surreptitious effort to track defense emails without court approval. <\/p>\n\n\n\n

Brian O\u2019Rourke, a spokesman for Navy Region Southwest, confirmed in an email to Navy Times Monday evening that Czaplak was removed from the case.<\/p>\n\n\n\n

The Navy is complying with the judge\u2019s order, said O\u2019Roarke.<\/p>\n\n\n\n

\u201cThe senior trial counsel will be replaced by a qualified military judge advocate,\u201d he said, adding that no name has yet been introduced.<\/p>\n\n\n\n

\u201cChief Petty Officer Gallagher is entitled to a fair trial and the Navy is committed to upholding that principal,\u201d the Navy spokesman said.<\/p>\n\n\n\n

Last week, Rugh unexpectedly released Gallagher from custody<\/a> as a remedy for interference by prosecutors.<\/p>\n\n\n\n

The removal of the prosecutor could delay the trial scheduled to start June 10.<\/p>\n\n\n\n

Rugh removed Czaplak because the threat of an investigation into Czaplak could create a conflict of interest.<\/p>\n\n\n\n

The judge did not make any decision on the allegations of prosecutorial misconduct.<\/p>\n\n\n\n

\u201cWhile it is not within the purview of this court to conclude whether actions of trial counsel violated the rules of professional responsibility, the court must determine whether the fear of, or potential danger of, a professional responsibility complaint and follow-up investigation, is sufficient to create such a conflict,\u201d Rugh\u2019s motion read, according to a Navy official not authorized to speak on the record. \u201cConceding 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 trial counsel.\u201d<\/p>\n\n\n\n

Tim Parlatore, Gallagher\u2019s attorney, said he was in the middle of a deposition when Czaplak was told to leave by Rugh as a result of the spying.<\/p>\n\n\n\n

\u201cIt is certainly a partial remedy,\u201d Parlatore told Navy Times. \u201cWe are still hoping for dismissal, but it is definitely appropriate under the circumstances. Prosecutors should not be doing this. Chris Czaplak should have known better before taking the unlawful actions that he did.\u201d<\/p>\n\n\n