Navy SEAL wants slaying case tossed or prosecutor removed

Lawyers for a Navy SEAL accused of killing an Islamic State prisoner say prosecutors lied, withheld evidence and illegally conducted surveillance of the defense team.

Attorneys for Special Operations Chief Edward Gallagher are scheduled to ask a military judge today in San Diego to dismiss the charges or kick prosecutors off the case for misconduct.

Defense lawyer Tim Parlatore says the government's conduct irreparably tainted the politically charged case.

Attorneys are also seeking more information on efforts by prosecutors to plant tracking software in emails sent to the defense and a journalist.

The Navy has said the software was used as part of an investigation to find the source of news leaks and that it did nothing wrong and has no plans to remove the prosecutor.