SPY VS SPY

Well this is a new one on us. US Navy prosecutors in the court martial of Navy Seal Edward Gallagher have attempted to spy on the defense by sending defense counsel an email with spying software imbedded in the email.  Navy prosecutors did this with the consent of the Judge assigned to the case. 

Count us as aghast. 
But maybe not surprised. 


From the NY Times :

The court-martial of a highly decorated Navy SEAL platoon leader on war crimes charges has been thrown into turmoil by, of all things, a harmless-looking image of a bald eagle perched on the scales of justice.

The bit of digital artwork, embedded in an email message, contained hidden software that could track if anyone read or forwarded the email, and may have also been able to allow access to all communications and files on the recipients’ computers, defense lawyers argue in court filings.

The email was sent last week to defense lawyers representing Special Operations Chief Edward Gallagher by the lead Navy prosecutor in the murder case against the chief, apparently with the judge’s approval. The tracking software was also included in emails sent to lawyers for the chief’s commanding officer — Lt. Jacob Portier, who is charged in a related case — and to a journalist for Navy Times covering both cases.

Maybe the Navy should have consulted with the  US Attorney's Office for the Southern District of Florida.  They have been known to spy on the defense (or at least clumsily try) in at least two recent cases. In one case the feds sent a snitch to Mr. Markus who solicited the defense to commit crimes (which they naturally refused to do) and in a second case the feds flipped a co-defendant who had signed a joint-defense agreement and then debriefed the defendant about what was said at the joint-defense meetings. 

Coming next: vengeful prosecutors bug the jury room to determine  which jurors are violating their oath by presuming the defendant innocent.