Rugh had released Gallagher from all pre-trial confinement on Thursday in a move to try and remedy what Gallagher’s defense team has said is gross prosecutorial misconduct, including the recent attempt to spy on defense attorneys and the media.
Czaplak had admitted to spying on defense attorneys and a member of the media with email tracking malware, Tim Parlatore, one of Gallagher’s civilian defense attorneys, had confirmed to American Military News.
Gallagher, a 15-year Navy SEAL, is charged with premeditated murder, accused of stabbing and killing a critically wounded ISIS fighter during a 2017 deployment to Mosul. He is also accused of shooting at unarmed civilians. He has pleaded not guilty, and his trial was set to begin May 28.
The Navy SEAL’s court-martial has been delayed until at least June 10, as Rugh now weighs whether or not to dismiss the case entirely, this as President Donald Trump has said he is considering pardoning Gallagher and other U.S. service members convicted of war crimes, which The New York Times first reported in May.