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Home Front: Politix
Haditha Marine prepares to sue Murtha over smear
2008-06-19

With most of the eight Marines charged in the Haditha, Iraq, incident now exonerated, the highest-ranking officer among the accused is considering a lawsuit against Democratic Rep. John Murtha, who fueled the case by declaring the men cold-blooded killers.
'bout time.
In an interview with nationally syndicated radio talk host Michael Savage, the lead attorney for Lt. Col. Jeffrey Chessani said he and his client will look into suing Murtha and the Time magazine reporter, Tim McGuirk, who first published the accusations by Iraqi insurgents.
Go Get 'em Ray!
But the attorney, Brian Rooney, said nothing will happen immediately because he wants Chessani, described as a devout Christian and the father of six homeschooled children, completely 'out of the woods' legally before any action is taken. The government, through Lt. Col. S.M. Sullivan, today filed a notice that it would appeal the case to the next judicial level.

As WND reported, a military judge at Camp Pendleton in California yesterday dismissed charges that Chessani failed to properly investigate the Nov. 19, 2005 incident in which 24 Iraqi men, women and children were killed.

Rooney, an attorney for the Thomas More Law Center who served a tour of duty in Iraq himself, is urging citizens to tell their representatives in Congress and military officials that they want the case to come to an end.
Already on it. Kill the witch hunt.
'At some point you have to have somebody in the chain of command, whether it's civilian or military, saying enough is enough,' said Rooney, who served with Chessani in the second battle of Fallujah.

Rooney told Savage the Haditha case is the largest investigation in the history of the Naval Criminal Investigative Service, with 65 agents assigned by the government.
Biggest waste of federal legal dollars evah!
The filing of charges against Chessani was approved by Gen. James Mattis, then commander of the Marine Corps Forces Central Command and commander of the 1st Marine Expeditionary Force at Camp Pendleton. Mattis has been promoted to commander of NATO's Supreme Allied Commander Transformation and commander of U.S. Joint Forces.

'This is the most important case since Vietnam, if not before,' Rooney said. 'There's no doubt about it.'

He noted the New York Times featured the case on the front page when it was being compared by war critics to the infamous My Lai massacre in Vietnam. But now, with evidence the Haditha accusations were a smear, the story has been relegated to the back pages.

The military judge, Col. Steve Folsom, dismissed Chessani's charges without prejudice, giving permission for the prosecutors to continue trying to build a case that began in December 2006.
Good Luck. There is nothing there.
Four Marines were charged with murder and another four with not properly investigating the incident. Defense lawyers contend insurgents deliberately attacked the Marines from hiding places where they surrounded themselves with civilians to use as shields. The defense insisted Chessani promptly reported the events to his superiors and that nobody in the chain of command believed there was any wrongdoing on the part of the Marines.

Rooney acknowledged to Savage it's difficult to sue a sitting congressman, but he believes it can be done. 'If he leaves his realm of speaking from the congressman's point of view Â… then he can be sued for libel and defamation,' Rooney said.
And congressmen should be responsible for what they say. No 'Protected' speech crap.
Um, no ...
The Time magazine story, according to Rooney, was planted by an insurgent propaganda agent. Publishing of the story was soon followed by a May 17, 2006, news conference by Murtha. The congressman announced he had been told by the highest levels of the Marine Corps there was no firefight and Marines 'killed innocent civilians in cold blood.'

'All the information I get, it comes from the commanders, it comes from people who know what they're talking about,' Murtha told reporters at the time.

Murtha's assertions, however, conflicted with results from the military's own investigations. An initial probe by Army Col. G.A. Watt found no indications coalition forces 'intentionally targeted, engaged and killed noncombatants.' Later, Army Maj. Gen. Aldon Bargewell found no cover-up. Nevertheless, the Marine Corps eventually brought charges against Chessani and seven other Marines.

But now the cases against Lance Cpls. Stephen Tatum and Justin Sharratt, Capts. Randy Stone and Lucas McConnell and Sgt. Sanick P. Dela Cruz have been dropped. First Lt. Andrew Grayson has been acquitted, leaving only the case of Staff Sgt. Frank Wuterich untested in court and Chessani prosecutors facing the hurdles of the appeal process.

WND previously reported a military jury of seven officers acquitted Grayson of all charges.

The ruling by Col. Folsom yesterday followed a previous decision in which he confirmed evidence of unlawful command influence. The evidence indicated two generals who controlled Chessani's case were influenced by Marine lawyer Col. John Ewers, who was allowed to attend at least 25 closed-session meetings in which the case was discussed.
Bring Military charges against them too. Bunch of political wannabe hacks.
Rooney acknowledged the Haditha case taken a toll on the Marine Corps. 'There's no doubt it's affected recruiting,' he told Savage. 'How could you have your sons or daughters join the Marine Corps when you're not sure the government will protect them?'

Rooney was asked by Savage why he thought Murtha, a former Marine himself, accused the officers and enlisted men. 'In my opinion, it's clear it was done during the election cycle, it was done to bolster himself in the party,' the attorney said. 'He was vying for a leadership position, and if he had to throw some Marines under the bus to do so, that was the cost of power for him.'
Future Republican candidate?
He hopes soon politicians will weigh in on the case in support of Chessani and the others. 'I would think all politicians, especially politicians that have military records, should say something about this case,' he said. 'In a horrible and very complex environment, when you have an enemy that's using women and children as shields, you should always give the benefit of the doubt to the Marine or soldier,' said Rooney. 'You should never bring him back and put him in front of a court martial.'
Amen.
Posted by:DarthVader

#18  Meh ... a lawsuit is so ... Democrat. Just go all "Three Stooges" on him and poke him in the eyes!
Posted by: crosspatch   2008-06-19 22:12  

#17  OS, courtesy of you the new "hood" line for doing someone in will be to "pop a cap bag on his a$$."

Be expecting the attribution to be in the O.E.D. soon.
Posted by: Thaimble Scourge of the Pixies4707   2008-06-19 18:35  

#16  A damage claim can't be processed while he is in office, however, a suit can be filed.

Wasn't that Billy Boy Clinton's argument that didn't survive SCOTUS?


No, it was the blue dress they filed.

Thank you! Thank you! I'll be here all week.
Posted by: DarthVader   2008-06-19 17:04  

#15  A damage claim can't be processed while he is in office, however, a suit can be filed.

Wasn't that Billy Boy Clinton's argument that didn't survive SCOTUS?
Posted by: Procopius2k   2008-06-19 16:52  

#14  A damage claim can't be processed while he is in office, however, a suit can be filed.
Posted by: Sputh B. Hayes3924   2008-06-19 16:25  

#13  Balloons OK, OS? ;-p
Posted by: Barbara Skolaut   2008-06-19 16:01  

#12  Just nobody go popping paper bags around the dishonorable SOB, or they'll hunt *ME* down.
Posted by: OldSpook   2008-06-19 15:26  

#11  http://i2.photobucket.com/albums/y25/mluphoup/Kerry_Murtha.jpg

Posted by: Anonymoose   2008-06-19 14:13  

#10  Murtha will flick off any legal fees he incurs defending accusations of slander as though they were dried skin. How can he do that?

Simple. Murtha will simply raise his minimum asking fee on bribes.

And yes (sadly), his constituency will return him to office without regard to the truth of the hollowness of the man.
Posted by: MarkZ   2008-06-19 13:59  

#9  The fact that he won his last election even after his slander was issued speaks volumes about his electorate - none of it good. They're every bit as bad as the willfully blind, partisan sheepvoters in my state of Mass.

I'm not just talking about PA. I'm suggesting any US citizen should do it.
Posted by: Hellfish   2008-06-19 12:56  

#8  /rant
The ruling class in my country the USA has forgotten who the Boss is.

We must regain our natural rights and powers as Citizens and put the TRUST & SERVE back into those elected to Congress.

Yes force them into their Place [OUT of Office and in prison in some cases]

This current crop of theives who are selling America both out the Back and Front doors have trampled on our Constitution and History.
Posted by: RD   2008-06-19 12:43  

#7  At least they can hit him big in the wallet and force him to spend big bucks on legal fees. Murtha would probably prefer letting them all line up and kick him in the balls.

No he'll just give a few millions of earmarks to corporations who donate to his legal fees. In short us peasants will be stuck with the highly-inflated bill.
Posted by: CrazyFool   2008-06-19 12:36  

#6  No, Murtha can just introduce legislation that extends the speech and debate clause to anything a Congresscritter says. William Jefferson will introduce an amendment to the bill to exempt Congresscritters from anything they do as well. Most of Congress will jump in and approve it, over Bush's veto, since it gives them immunity from anything.
Posted by: Rambler in California   2008-06-19 11:58  

#5  From Hot Air...

“If he leaves his realm of speaking from the congressman’s point of view … then he can be sued for libel and defamation,” Rooney said.

What he means is that Murtha’s eventually going to invoke the Speech and Debate Clause to try to get himself off the hook. Read the actual language of the clause and you’ll see it’s designed to shield congressmen “for any Speech or Debate in either House…” Minor problem for Murtha: He wasn’t inside the House chamber when he accused the Marines of having killed in cold blood. He was giving a news conference, which arguably is encompassed by the clause if it occurs within the Capitol building.

HeÂ’s ultimately going to have to convince some judge that the touchstone for the S&D Clause shouldnÂ’t be where a congressman is when heÂ’s speaking but rather where he is when he becomes privy to the information he spoke about. That is to say, so long as heÂ’s talking about stuff he learned on the job, heÂ’s free to be as irresponsible with it as he likes, wherever he likes. If he wants to hold a pay-per-view event in which he divulges details of some secret congressional report then itÂ’s all good. The thing to bear in mind, though, is how gratuitous MurthaÂ’s comments here were. A paradigm case for the Speech and Debate Clause would be if a congressman had some hard proof of government wrongdoing and feared being prosecuted if he revealed it; having the constitutional privilege to protect him would let him speak freely. Murtha had no proof of wrongdoing. He had a bunch of accusations and an agenda, and unlike the other 534 members of Congress, he simply couldnÂ’t wait to let the legal process play out to push that agenda. And now heÂ’s going to try to use S&D as a get-out-of-slander-free card. Perfect
.

At least they can hit him big in the wallet and force him to spend big bucks on legal fees. Murtha would probably prefer letting them all line up and kick him in the balls.
Posted by: tu3031   2008-06-19 11:42  

#4  If Murtha isn't ruined by this accusation citizens should chase him down and tar and feather him.

The fact that he won his last election even after his slander was issued speaks volumes about his electorate - none of it good. They're every bit as bad as the willfully blind, partisan sheepvoters in my state of Mass.
Posted by: xbalanke   2008-06-19 11:41  

#3  If Murtha isn't ruined by this accusation citizens should chase him down and tar and feather him.
Posted by: Hellfish   2008-06-19 11:21  

#2  X-Marine J.Murtha will get an ear mark to those cleaners.
Posted by: Muggsy Gling   2008-06-19 11:20  

#1  I hope he takes Murtha to the cleaners.
Posted by: 3dc   2008-06-19 11:08  

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