Navy SEAL Eddie Gallagher will get to go home as he is still awaiting trial for murder. A military judge freed him on Thursday, saying that Navy prosecutors were interfering with Gallagher’s Sixth Amendment right to counsel.

In early hearings, Gallagher’s defense attorney Tim Parlatore claimed that emails containing tracking devices were distributed to 13 lawyers and paralegals on the defense team. Gallagher’s lawyers have pressed for case to be thrown out over the interference, but Judge Capt. Aaron Rugh has not ruled yet.

Gallagher pleaded not guilty to the stabbing murder of an injured ISIS fighter while he was deployed in Iraq in 2017. He also denies shooting two civilians and opening fire on crowds.

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In March, Trump ordered for Gallagher to be transferred to a less-restrictive hospital complex, “in honor of his past service to our Country.” He is also considering issuing a pardon for Gallagher before the trial even starts.

The trial, though initially set for May 28, will begin in San Diego on June 10.

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