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Attorneys fight to free Navy SEAL in MCAS Miramar brig before trial

Posted at 7:22 PM, Apr 12, 2019
and last updated 2019-04-13 09:21:16-04

(KGTV)— There are new developments in the fight to free the San Diego-based Navy SEAL accused of murdering an ISIS POW. There is concern he could head back to the brig before his May 28th trial, even after the President intervened.

Representative Duncan Hunter’s team was under the impression that his March 31 meeting with Chief Eddie Gallagher would have major consequences.

"I am going to see why they are going to put him back in the brig if my staff goes and talks to Eddie Gallagher,” Representative Hunter said in a Twitter video. He told his followers he was going to meet with the Navy Liaison to get answers.

RELATED: President Trump: Navy SEAL charged with murder to be moved from MCAS Miramar brig

This was after a weeks-long battle to get the Navy SEAL to ‘less restrictive confinement,’ as instructed by the President's order on March 30, 2019. Since then, the Navy immediately moved Gallagher from a single cell brig at Miramar to what they call a hotel-like barrack style building, where other sailors reside.

Navy Commander Tamara Lawrence told 10News Gallagher now lives in another San Diego base, which they cannot disclose. She said his current pre-trial restrictions allow for "significant freedom of movement."

Gallagher is allowed to walk anywhere inside the building and around the sidewalk. For anything outside that immediate area, he must be with an escort. She said Gallagher has unlimited access to his legal team and medical care. While he cannot have a cellphone or computer, he is allowed visitors and to make calls from a community phone.

RELATED: Two San Diego-based Navy SEALs charged in death of detainee in Iraq

But Gallagher's attorney said that is not enough. That is why they are filing a motion to free him.

Attorney Phil Stackhouse sent 10news this statement:

The motion addresses the Naval Special Warfare Group 1 Commander's overreach and unlawful command influence by, among other things, his placement of Special Operations Chief Gallagher on restriction tantamount to confinement after being released without conditions by the Commander in Chief.  Special Operations Chief Gallagher should be released without conditions so that he can prepare his defense.

In response, Commander Lawrence said, “Chief Gallagher's terms of confinement are reasonable and appropriate, based on the severity of charges, which include murder and obstruction of justice."