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Most recently, the judge freed Gallagher from custody, on Thursday, May 30, citing interference by prosecutors.

Rugh’s decision Monday is the latest in a series of twists in the case. O’Rourke previously said if the prosecutor were removed from the case it would delay Gallagher’s court-martial. The trial is set to start June 10. “Chief Petty Officer Gallagher is entitled to a fair trial and the Navy is committed to that principle.” “The senior trial counsel will be replaced by a qualified military attorney,” O’Rourke said.

Parlatore said Rugh is expected to rule on the other motions on Wednesday. I will not stop until Eddie Gallagher is completely free.” “It’s a step forward but not the ultimate goal. “He only decided on the removal of the prosecutor related to his activities spying on the defense,” Parlatore said of Rugh. Gallagher’s defense team also has made motions to consider whether there has been undue command influence in the case from officials in Washington, D.C. He said that behavior may have violated attorney-client privilege and would hurt Gallagher’s chance for a fair trial. Tim Parlatore, Gallagher’s lead attorney, had requested the move, accusing prosecutors of a “rogue, relentless, and unlawful cyber campaign” that was used to find the source of news leaks discovered in January. Rugh announced his decision Monday, June 3, in an email to the parties involved. Chris Czaplak as prosecutor in the case of Edward “Eddie” Gallagher, a Navy SEAL accused of a series of war crimes including killing a teen ISIS fighter in 2017.