Chessani Cleared

[DKW 86 7,433]

http://wnd.com/index.php?fa=PAGE.view&pageId=67434

IN THE MILITARY

Haditha Marine prepares to sue Murtha over smear

Congressman had accused soldiers of killing 'in cold blood'

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Posted: June 18, 2008

6:14 pm Eastern

© 2008 WorldNetDaily

Lt. Col. Jeffrey Chessani

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.

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.

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.

"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.

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.

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.

Libel and defamation

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 … then he can be sued for libel and defamation," Rooney said.

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.

Throwing Marines under the bus

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."

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."

Here is a sincere hope that Murtha comes to his senses and rights this incredibly horrible wrong. And no, I doubt he would ever admit he was ever wrong. That is something the Left hardly ever does. Smearing these Marines who were in a combat situation is beyond LOW. Murtha should have to meet a few of these men in a dark alley one night and answer to them man to man!

[AUTiger1 0]

I rarely ever like to see a lawsuit filed, but this is one in which I hope the plaintiffs file and win big time. I would much rather see Murtha apologize and say that he is wrong. He won't, but it would be nice if he would.

[Shire5k 19]

. That is something the Left hardly ever does.

Because the Right is so apologetic, right?

Smearing these Marines who were in a combat situation is beyond LOW. Murtha should have to meet a few of these men in a dark alley one night and answer to them man to man!

Agreed.

[Tigermike 3,044]

No Murtha will not apologize and will use the fact that he is an elected congressman as a defense. What is the law that excuses members of congress from being sued while making speeches in congress?

The big problem for Murtha the porker, is that he made his slanderous claims in news conferences and on the Sunday morning talk shows and several interviews on CNN.

But don't look for him to apologize.

[Tigermike 3,044]

Networks That Hyped Haditha 'Massacre' Now Ignore Acquittal

By Scott Whitlock | June 5, 2008 - 16:39 ET

The same network newscasts that hyped the 2005 "alleged massacre" by U.S. soldiers in Haditha are so far ignoring the acquittal on all charges of Lieutenant Andrew Grayson on Thursday. Grayson was accused of attempting to cover up details of the events surrounding a raid that lead to the death of 15 Iraqis. However, Grayson's acquittal was skipped by ABC's "Good Morning America," CBS's "Early Show" and NBC's "Today" show. (CNN's "American Morning" covered the story only as a news brief.)

In contrast, the morning shows seemed much more interested in the subject back when dark allegations were made about the actions of U.S. solders in Haditha. On Memorial Day 2006, then-GMA host Charles Gibson intoned, "America honors its fallen war heroes, but troubling new information about Marine misconduct in Iraq. A new eyewitness on what could be a mass murder of civilians. Was there a cover-up?" On the March 20, 2006, "Nightly News," host Brian Williams touted the "disturbing new allegations" made by Congressman John Murtha about Haditha. (It should be noted that, so far, five of the eight originally charged with murder or cover-up have been acquitted.) On May 25, 2006, referencing the massacre of hundreds of Vietnamese civilians in 1968, "Nightline" host Terry Moran speculated, "Will Haditha be the My Lai of the Middle East?" On June 7 of that year, reporter Andrea Mitchell opined on "Today" that Haditha was a "black eye for American policy."

A 2006 MRC study of how CNN, MSNBC and Fox News covered Iraq found that CNN and MSNBC were much more likely to focus on the negative, such as incidents like Haditha:

CNN and MSNBC’s coverage took on the characteristics of a feeding frenzy, with the U.S. troops presumed guilty. CNN anchor Tony Harris echoed Murtha’s inflammatory charges during a May 30 report: "Men, women and children, gunned down in cold blood. That’s the allegation....U.S. Marines are suspected of killing two dozen unarmed civilians, accusations of a cover-up also a part of the mix. Democratic Congressman John Murtha has been briefed on what happened....Murtha calls the alleged atrocity as bad as the Abu Ghraib prison abuse scandal, if not worse."

Three days later, CNN’s John Vause extended the indictment to all U.S. troops, not just the few being investigated regarding Haditha: "There is a perception that U.S. forces are brutal and are, at times, trigger happy."

—Scott Whitlock is a news analyst for the Media Research Center.

http://newsbusters.org/blogs/scott-whitloc...gnore-acquittal

[DKW 86 7,433]

. That is something the Left hardly ever does.

Because the Right is so apologetic, right?

Smearing these Marines who were in a combat situation is beyond LOW. Murtha should have to meet a few of these men in a dark alley one night and answer to them man to man!

Agreed.

No, it is based on a google search of an apology by Murtha. There isnt one now and there wont be one in the future. Murtha could have and should have manned up some time ago when his comments were found by many to not agree with the facts of the investigation. Murtha is playing the Left Political Machine for all he is worth. They are eating the trashing of honorable and innocent Marines up.

Gotta link for it? Find a link for a MSM news outlet telling you about the Marines being found innocent? You wont find that either.

[Shire5k 19]

. That is something the Left hardly ever does.

Because the Right is so apologetic, right?

Smearing these Marines who were in a combat situation is beyond LOW. Murtha should have to meet a few of these men in a dark alley one night and answer to them man to man!

Agreed.

No, it is based on a google search of an apology by Murtha. There isnt one now and there wont be one in the future. Murtha could have and should have manned up some time ago when his comments were found by many to not agree with the facts of the investigation. Murtha is playing the Left Political Machine for all he is worth. They are eating the trashing of honorable and innocent Marines up.

Gotta link for it? Find a link for a MSM news outlet telling you about the Marines being found innocent? You wont find that either.

I was just poking fun at the "the Left don't appologize thing". I agreed on what you said on the whole, though.

[arnaldoabru 11]

We are very fortunate that we live in a country where everyone can have their day in court. Where if you are accused of a crime you have certain rights.You can go before a judge, a jury of your peers. You can present evidence and call witnesses in your defense. That we have a Supreme Court that will uphold Habius Corpus. Wow, Rights, what a concept. The writers of the Constitution were pretty smart.

[AURaptor 1,125]

Of course, most of the terrorist will likely admit they wanted to die for allah and murder us crooked infidels , which won't help them much in court anyways. That's something I've not heard anyone mention.