LOS ANGELES — Military prosecutors in the case of a Navy SEAL charged with killing an Islamic State prisoner in Iraq in 2017 installed tracking software in emails sent to defense lawyers and a reporter in an apparent attempt to discover who was leaking information to the media, according to lawyers who told The Associated Press that they received the corrupted messages.
The defense attorneys told The Associated Press the intrusion may have violated constitutional protections against illegal searches, guarantees of lawyer-client privilege and freedom of the press, and may constitute prosecutorial misconduct.
“I’ve seen some crazy stuff but for a case like this it’s complete insanity,” said attorney Timothy Parlatore. “I was absolutely stunned … especially given the fact that it’s so clear the government has been the one doing the leaking.”
Parlatore represents Special Operations Chief Edward Gallagher, who has pleaded not guilty to a murder count in the death of an injured teenage militant he allegedly stabbed to death in 2017 in Iraq. Gallagher’s platoon commander, Lt. Jacob Portier, is fighting charges of conduct unbecoming an officer for allegedly conducting Gallagher’s re-enlistment ceremony next to the corpse.