The Latest on the court case of a Navy SEAL charged with murder (all times local):

3:25 p.m.

A military judge has chided investigators in a Navy SEAL’s war crimes case for not testifying about who authorized a scheme to snoop on defense lawyer emails.

Navy Special Operations Chief Edward Gallagher, left, hugs his wife, Andrea Gallagher, after leaving a military courtroom on Naval Base San Diego, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/Julie Watson)
Navy Special Operations Chief Edward Gallagher, left, hugs his wife, Andrea Gallagher, after leaving a military courtroom on Naval Base San Diego, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/Julie Watson)

Capt. Aaron Rugh (ROO) said Friday that refusal to testify could be a sign of culpability.

Rugh is considering whether to dismiss murder and other charges against Special Operations Chief Edward Gallagher.

Defense lawyers accuse prosecutors of misconduct and want them removed if the judge doesn’t throw the case out.

Navy Special Operations Chief Edward Gallagher, left, hugs his wife, Andrea Gallagher, after leaving a military courtroom on Naval Base San Diego, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/Julie Watson)
Navy Special Operations Chief Edward Gallagher, left, hugs his wife, Andrea Gallagher, after leaving a military courtroom on Naval Base San Diego, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/Julie Watson)

Prosecutors have downplayed the effort to embed code in emails sent to the defense and a journalist in an effort to find the source of news leaks.

Rugh unexpectedly released Gallagher from custody Thursday as a remedy for interference by prosecutors.

Gallagher has pleaded not guilty to crimes in Iraq.

Navy Special Operations Chief Edward Gallagher leaves a military courtroom on Naval Base San Diego with his wife, Andrea Gallagher, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/ Julie Watson)
Navy Special Operations Chief Edward Gallagher leaves a military courtroom on Naval Base San Diego with his wife, Andrea Gallagher, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/ Julie Watson)

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10:07 p.m.

Attorneys for a decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner will try again to have the case dismissed after their client was unexpectedly freed from custody.

Navy Special Operations Chief Edward Gallagher stands with his wife, Andrea Gallagher, after leaving a military courtroom on Naval Base San Diego, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/ Julie Watson)
Navy Special Operations Chief Edward Gallagher stands with his wife, Andrea Gallagher, after leaving a military courtroom on Naval Base San Diego, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/ Julie Watson)

A military judge in San Diego released Special Operations Chief Edward Gallagher on Thursday, saying it was a remedy after prosecutors interfered with his Sixth Amendment right to counsel.

Gallagher declined to comment.

Gallagher’s lawyers have condemned the prosecution for launching an unusual effort to find the source of news leaks in the politically charged case by embedding tracking code in emails sent to defense attorneys and a reporter.

Navy Special Operations Chief Edward Gallagher leaves a military courtroom on Naval Base San Diego with his wife, Andrea Gallagher, left, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/ Julie Watson)
Navy Special Operations Chief Edward Gallagher leaves a military courtroom on Naval Base San Diego with his wife, Andrea Gallagher, left, Thursday, May 30, 2019, in San Diego. The decorated Navy SEAL facing a murder trial in the death of an Islamic State prisoner was freed Thursday from custody after a military judge cited interference by prosecutors. (AP Photo/ Julie Watson)

The hearing on their request to dismiss the case continues Friday.

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 for Gallagher are seeking to have the charges dismissed for alleged prosecutorial misconduct. Attorneys for Special Operations Chief Gallagher are scheduled to argue in military court Wednesday, May 29, 2019, that the case against him has been tainted by lies, withholding evidence and conducting surveillance on the defense. (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 for Gallagher are seeking to have the charges dismissed for alleged prosecutorial misconduct. Attorneys for Special Operations Chief Gallagher are scheduled to argue in military court Wednesday, May 29, 2019, that the case against him has been tainted by lies, withholding evidence and conducting surveillance on the defense. (Andrea Gallagher via AP, File)
This undated selfie 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 for Gallagher are seeking to have the charges dismissed for alleged prosecutorial misconduct. Attorneys for Special Operations Chief Gallagher are scheduled to argue in military court Wednesday, May 29, 2019, that the case against him has been tainted by lies, withholding evidence and conducting surveillance on the defense. (Edward Gallagher via AP)
This undated selfie 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 for Gallagher are seeking to have the charges dismissed for alleged prosecutorial misconduct. Attorneys for Special Operations Chief Gallagher are scheduled to argue in military court Wednesday, May 29, 2019, that the case against him has been tainted by lies, withholding evidence and conducting surveillance on the defense. (Edward Gallagher via AP)

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