In court, prosecutors have said the email “auditing tools” they used were designed merely to detect the flow of emails without revealing their content, and were aimed at pinpointing the source of leaks from case files sealed by the judge.Īccording to testimony on Thursday, prosecutors also assembled dossiers on four defense lawyers and a Navy Times reporter, assigning a counter-intelligence clerk to obtain personal information on the five from at least one military database. The defense specifically has accused Navy lawyers of conducting illegal surveillance of defense attorneys and news media using electronic tracking software secretly embedded in emails sent to the defense. His defense team has argued the case should be dismissed altogether on grounds of alleged misconduct by the Navy prosecutor and agents of the Naval Criminal Investigative Service (NCIS). Gallagher says he was wrongly accused and that fellow SEAL team members testifying against him, several under grants of immunity, are disgruntled subordinates who fabricated allegations to force him from command.
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