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Lawyer for SEAL charged with murder says Navy spied on defense without approval

Lawyers for a Navy SEAL accused of murder say documents show prosecutors misled a judge to get approval to track emails sent to defense attorneys and a journalist.

FILE - This 2018 file photo provided by Andrea Gallagher shows her husband, Navy SEAL Edward Gallagher, who has been charged with murder in the 2017 death of an Iraqi war prisoner. Lawyers on Gallagher's defense team told the Associated Press that emails they and a reporter received from military prosecutors in the case contained tracking software. (Andrea Gallagher via AP, File)
FILE - This 2018 file photo provided by Andrea Gallagher shows her husband, Navy SEAL Edward Gallagher, who has been charged with murder in the 2017 death of an Iraqi war prisoner. Lawyers on Gallagher's defense team told the Associated Press that emails they and a reporter received from military prosecutors in the case contained tracking software. (Andrea Gallagher via AP, File)Read moreAndrea Gallagher / AP

LOS ANGELES — Lawyers for a Navy SEAL accused of murder say documents show prosecutors misled a judge to get approval to track emails sent to defense attorneys and a journalist.

Attorney Tim Parlatore says Navy investigators and the prosecutor didn't get warrants or proper approval to investigate civilians in efforts to find the source of news leaks.

Parlatore declined to provide details, saying they would be aired at a hearing Wednesday in San Diego.

A Navy spokesman says the government won't comment before the hearing.

Defense lawyers say prosecutors engaged in misconduct by spying on emails and may have violated attorney-client privilege.

Special Operations Chief Edward Gallagher is charged with killing a wounded Islamic State prisoner under his care in Iraq in 2017 and then holding his reenlistment ceremony with the corpse.