SAN DIEGO (AP) – 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.

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.

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