The lead military prosecutor in the case of former Navy SEAL Eddie Gallagher has been removed from the case over a potential conflict of interest spurred by alleged prosecutorial misconduct, Capt. Aaron Rugh announced Monday.
Rugh ordered Cmdr. Christopher Czaplak removed from the case after the defense team complained that prosecutors attached tracking software to emails sent by a Navy Times journalist in order to catch leakers. (RELATED: EXCLUSIVE: The Inside Story Of The Decorated Navy Seal Facing Trial For Alleged War Crimes)
“The court concludes that the matter related to Cmdr. Czaplak’s participation in the NCIS operation may reasonably create a conflict requiring his withdrawal under due process,” Rugh wrote according to Task & Purpose.
“While it is not within the purview of this court to conclude whether the actions of a 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.”
Edward Gallagher (Youtube screenshot/Donut Operator)
Defense lawyer Tim Parlatore praised the decision.
“There’s no way he should be allowed to continue on this case,” Parlatore said, according to ABC News. “We’re still hopeful the entire case will be dismissed.”
A decorated Navy Seal, Gallagher has been charged with several crimes, including the alleged premeditated murder of a prisoner of war. The conduct of prosecutors has come under scrutiny in Gallagher’s trial, and rumors have swirled that President Donald Trump and the White House might be preparing a pardon. (RELATED: KERNS: If Bill Clinton Could Pardon Marc Rich, Donald Trump Can Pardon Our Troops)
Gallagher’s trial was delayed last week after an investigation was launched into prosecutor’s alleged use of malware to spy on the defense team. Czaplak’s office admitted that they were behind the malware, although they denied any prosecutorial misconduct.