Former Navy SEAL Edward Gallagher is standing trial for allegedly killing a prisoner in the Iran war, an injured ISIS soldier. As of this writing, Fox News is reporting that his legal team is alleging the U.S. Military spied on their emails using an email phish of sorts in order to get dirt on the inner workings of the defense.
Edward Gallagher’s legal team caught on to the alleged scheme last week after they noticed an unusual logo of an American flag with a bald eagle perched on the scales of justice beneath the signature of a message sent to them by one of the prosecutors, according to the Associated Press. It was not an official government logo and the lawyers reportedly found suspicious tracking software embedded inside it.
“I’ve seen some crazy stuff but for a case like this, it’s complete insanity,” attorney Timothy Parlatore told the Associated Press. “I was absolutely stunned… especially given the fact that it’s so clear the government has been the one doing the leaking.”
The emails were sent last Wednesday to 13 lawyers and paralegals on their team — and to Carl Prine, a reporter for the Navy Times newspaper, who has broken several stories about the case based on documents provided by sources.
The case itself is contentious as the defense claims that the charges result from other members of the platoon not being completely honest about the events in question. The commanding officer is also being prosecuted, although for conduct unbecoming. All the way around, the case is drawing questions the more that comes out about it.
Gallagher’s platoon commander, Lt. Jacob Portier, is also fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher’s re-enlistment ceremony next to the corpse.
Attorneys for Portier filed a motion Monday asking a military judge to force prosecutors to turn over information about what they were seeking and the extent of the e-mail intrusion.
“The fact that prosecutors have embedded their emails with devices designed to monitor defense communications at least implicates the Fourth and Sixth Amendment rights of Lt. Portier, and also impacts Air Force defense operations in the entire Western Circuit,” wrote Air Force Lt. Col. Nicholas McCue, one of Portier’s defense lawyers. “In this case, discovery of the requested items is important to ensuring the prosecution, in this case, did not take any part in arranging or permitting an intrusion into Lt. Portier’s attorney-client relationship.”
Discovery is all about requesting all pertinent information to the case. However, Constitutional rights cannot be violated in order to do this. The question now does that happen.