Haditha Watch: Charges dismissed against Lt. Col. Chessani
Fight the smears. Call John “Cold-blooded” Murtha for comment: 202-225-2065.
Note: As of 1:40pm Eastern, you will not find the Haditha story on the front page of the NYTimes website.
Read much, much more from Chessani’s defense team at the Thomas More Law Center.
***
Told you to watch out for this yesterday. Here it is. Paging John Murtha, paging John Murtha. Paging the NYT, paging the NYT:
A military judge has dismissed charges against a Marine officer accused of failing to investigate the killings of 24 Iraqis.
Col. Steven Folsom dismissed charges Tuesday against Lt. Col. Jeffrey Chessani after defense attorneys raised concerns that a four-star general overseeing the prosecution was improperly influenced by an investigator probing the November 2005 shootings by a Marine squad in Haditha.
The charges were dismissed without prejudice…
And then there was one:
(Graphic via Defend Our Marines)
***
Background from Chessani’s legal team at the Thomas More Law Center:
In May 2008, Col Folsom ruled that he found evidence of unlawful command influence (UCI). Courts consider UCI the mortal enemy of military justice. The judge’s finding was based upon the evidence that Generals Mattis and Helland, who controlled the disposition of LtCol Chessani’s case, were impermissibly influenced by Marine lawyer Col John Ewers, one of the initial investigators of the Haditha. Col Ewers was permitted to attend at least and up to 25 closed-session meetings in which LtCol Chessani’s case was discussed.
As a result of that ruling, the burden shifted to prosecutors to prove beyond a reasonable doubt that (1) the facts alleged by the defense are untrue; (2) the facts alleged do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings. In short, court decisions on unlawful command influence require the military judge to avoid even the “appearance of this evil” in his courtroom.
To meet their burden, prosecutors presented the testimony of General Mattis and Col Ewers. Conspicuously absent was the testimony of General Helland.
Col Folsom asked what remedies to the UCI problem both sides recommended. Robert Muise, one of the TMLC defense attorneys, asked the military judge to dismiss the case with prejudice (meaning the case could not be recharged against LtCol Chessani). The prosecution asked for a less severe remedy.
The crucial Unlawful Command Influence motion (click here for Motion), which was the focus of this week’s hearing, was filed by the Thomas More Law Center.
Law Center attorneys Robert Muise and Brian Rooney, both former Marines, wrote and argued the Unlawful Command Influence motion on which yesterday’s decision is based. The two TMLC attorneys, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, are defending LtCol Chessani.
The criminal charges against LtCol Chessani stem from a house-to-house, room-by-room battle four of his enlisted Marines engaged in on November 19, 2005 after being ambushed by insurgents in the town of Haditha, Iraq. Even though LtCol Chessani immediately reported the events of that day to his superiors, including the death of 15 noncombatant civilians caught in the crossfire, nobody in LtCol Chessani’s chain of command believed there was any wrongdoing on behalf of the Marines.
However, months later, a Time magazine story instigated by an insurgent propaganda agent, caused Pentagon officials to order the largest investigation in the history of the Naval Criminal Investigative Services (NCIS). As a result, LtCol Chessani, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.
On June 4, 2008, First Lieutenant Andrew Grayson, USMC, was acquitted by a jury of his peers of all charges related to the Haditha incident. He made comments about LtCol Jeffrey Chessani, who is now one of only two remaining defendants in the Haditha cases, saying he was “one of the most steadfast men… He led by example and he knew the difference between right and wrong.” LtCol Chessani is being defended by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan.
Yesterday: Haditha Watch: The fate of Lt. Col. Jeffrey Chessani
June 5: Haditha Marine Lt. Andrew Grayson acquitted
March 28: Case dropped against Haditha defendant Lance Cpl. Stephen Tatum
Charges dropped against Capt. Lucas McConnell
Charges recommended dropped against Lance Cpl. Stephen B. Tatum
Charges dropped against Lance Corporal Justin Sharratt
Charges dropped against Sergeant Sanick Dela Cruz
Let Freedom Ring reviews the Murtha Marine-smearing timeline.
Everything else you need to know is at Defend Our Marines.
Flashback: September 2007…Jason Mattera corners cut-and-run Murtha on his Haditha smears…
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One to go.
Murtha was unavailable for comment.
Was Murtha not available for comment?
This is just wonderful news for Lt. Col. Chessani. Murtha, you lost again you swine.
L
Finally!
I want our guys to be able to shoot UN UNIFORMED combatants if they believe their lives are threatened>>>>>period.
Geneva Convention does not inclued UN_UNIFORMED enemy combatants.
As Murtha suggested, this incident was a terrible tradgedy for the US as a whole.
But then, he has always been an ego-maniac!
Hello, John?! Where are you now? John?
BTW- congratulations Lt. Col Chessani!!
What did the swine every do to you, L?
Having seen my brethren , one by one, be acquitted and seeing how the nutroots have put spin upon spin over the conditions of acquittal, I can’t feel any better. I have no hope that the Murthas of the world will ever see MY kind of justice delivered upon them. I am very happy for Lt. Col Chessani, but I will remain angry and I won’t “get over it” so easily. Oh gosh! I said acquittal….. I’m supposed to say dismissal of charges.( sarcasm fully on)
Yes, by all means! Where are my manners? Congratulations on your victory Lt. Colonel!
Thank God.
Keep praying, one more to go.
Good News!
w/o the usual bad news to follow.
Please come to the nearest (treasonous) white paging telephone.
Your BUS is WAITING.
Took long enough. But at least his ordeal is finally over. Now there is just one more Marine to go.
0 for 7 out of 8 on Haditha so far. More proof that this was nothing more than a disgraceful sham perpetrated by overzealous prosecutors and their political cheerleaders (Murtha!), enabled by an emasculated chain of command that lacked the balls to put this thing to bed when it should have been – at the beginning.
Oh, and where are the apologists for the prosecution in this case? Those that claim they know what really happened, and oooh, it’s going to look bad … where are they?
There was one guy who claimed to be in the army and had some inside scoop on this on one of the other threads referencing dismissed charges against one of hte accused … wonder if he’ll show up for this on.
uh, hell yes!!!!!!!!!!!!!!!!!!!1
Damn this is a good day. Another false charge dropped.
Murtha could not be reached for comment. He was busy taking care of his prostate. Well, that’s all he has been doing since he was elected.
Sierra Hotel! Thanks for the good news! Only one more to go!
Many of you are familiar with the saying “Once a Marine, always a Marine.”
Speaking for this Jarhead, Murtha is a “Never-was.”
Dead to me.
W-O-O-T!!!
LOOOOOOOOOOOOONG overdue.
“On June 17th, 2008 at 1:02 pm, shooter said:
Paging John Murtha, paging John Murtha. Paging the NYT, paging the NYT:
Please come to the nearest (treasonous) white paging telephone.
Your BUS is WAITING.”
Yes – the bus is ready to leave – they’ve cleared out 7 of the 8 Marines you tossed under it…
Please take your seats – #8 will be removed from the axle area soon. ( We all hope ).
Now if we can just keep Haditha away from the 5 USA haters in SCOTUS.
What a great thing.
Is there any way for the marines to collectively sue Tim McGirk (sp?) and Mullah Murtha and any others who have defamed them?
Hot damn son!
Given the ranks involved, I seriously doubt a Staff Sergeant will be convicted either. Dare I hold out hope for a clean sweep? Nothing can change what these Marines have been through but I hope now that they can proceed with their lives.
Murtha spoke out at the last aquittal
Rep. John Murtha, D-Johnstown, who in May 2006 said Marines involved in the incident “killed innocent civilians in cold blood,” had no comment on the acquittal, an aide said.
“The trial is ongoing, so we are not going to comment at this time,” said Matthew Mazonkey, a spokesman for Murtha.
Rush is slaming Murtha…
Bless you Lt. Col Chessani, for your service what you and your fellow Marines have had to go through.
Hope you feel a little lighter today.
This is the best news that can be in today’s anti war climate(one that we are winning)….I’m just wondering about that undue pressure and “untold stress” on the un-named General….Could that possibly have been Murtha himself?? Remember how he said that he had information from very high up…Rush talking right now as I write…Anyway, Murtha is a traitor….he is to be loathed….
Rush is talking about this now and he says john and all congress should publically apologize to each of these Marines. There is a place where it is really hot, and it will freeze over before this happens.
L
GENERAL MATTIS JUST COULDN’T WAIT TO PROSECUTE COMBAT MARINES??? RIGHT! WHAT A JOKE!!!
Figures that it would take dragging through the mud the name of one this nation’s ACTUAL HEROS.
Many of you are so blinded by the ends, you can’t even see the character assassination that has occurred to get there. Gen Mattis can and has made errors in judgment calls like any leader. But his character ought to be unassailable.
I’d follow Gen Mattis over LtCol Chessani ANY DAY!!
Semper Fi my brothers
Murtha and the rest of his leftist crowd will remain silent on this except for a few, “but-but-but…” However when some of the GITMO thugs are released thanks to the SCOTUS to kill again they will cheer loud to the sky, “victory-victory-victory”.
This is the best news I have heard in a long time. God Bless the Marines and thier famlies who have been put through this HELL. One more to go, so it is not time to let up on our prays for him.
Here’s my idea. Let each of those acquitted Marines have five minutes in a boxing ring with John Murtha.
Who’ll volunteer to be the referee?
Where are our trolls who were defending Murtha and said, “wait and see”?
Trools – you know who you are. Say something good for a change.
I just called Murtha’s office and the imbecile that answered the phone gave me the same answer Murtha gives Jason in the video. “the trial is still going on”
How absolutely pathetic. Do you think the NYT will have a front page article tomorrow on Chessani having the charges dropped against him?
OK when will the people of PA run this lying charlatan pork barrel grade-A a-hole scumbag Murtha out of office?
Or are the people in that part of PA up for being known as the stupidest sheep in America?
Murtha and the NYT are hiding under the bed with Chris Dodd.
@tre #35
No referee. Thunder Dome. 2 enter, one leaves.
If I were a Marine, I’d take up a collection from everyone in my unit and send Murtha our shoelaces, belts, rickety chairs and instructions on how to tie a noose.
)
To my brethren out there may we all shout in unison OOHRAH!!!!
Wonderful.
Chuck Norris? : )
The Republicans would apologize on behalf of congress and Murtha, but being a Dem means never ever actually saying you are sorry (and never have they been a more sorry bunch) and admitting your own wrongdoing.
I’ve been waiting for this dismissal of charges. I read the undue command influence brief offered by the defense, and thought that it had merit.
As others have said here, I suspect the Staff Sgt will be ok too.
I’m just hoping they don’t find some way to turn the last remaining defendent into some sort of scapegoat for the whole thing. Don’t see how they could. . .but nothing surprises me anymore.
Well, I think we really need to have additional sensitivity training for our Marines.
The rules of engagement need to be “revised and extended.”
We should ask Al Qaeda if we could set up a few Hooka Bars (smoke free of course) in neutral locations where we could have our Marines and their “Freedom Fighters” sit down and get to know each other prior to any potential engagement.
I think if our Marines really got to know these guys we could work out these issues without resorting to violence.
I mean having Marines actually shoot people when we have a few minor disagreements just seems soooo pre-Obama!
Amen, brother! My DI’s had a term for low-life’s like Murtha…”Dirt-Bag Maggot!”
I understand he was awarded a Purple Heart…I also understood that it was a shot in the buttocks he received while running away. If this is true, then it answers a lot of questions for me.
Since he is so willing to throw our boys down a hole, just because of his political positions, it wouldn’t surprise me if he possessed the “frag ‘em” mentality towards superior officers while serving in Vietnam.
We need to protect our good men in uniform like Lt. Col. Jeffrey Chessani , and the other Haditha Marines. Thank you, colonel!!
Hmm… I think I’ll send the little turd a letter asking his opinion on this matter. Let’s see how he responds.
God be with Lt. Col. Chessani and all the falsley accused. Now our hopes and prayers be with SSG. Wuterich (if that is how the Marines abbreviate it).
And may Murtha and his ilk know the deepest depths of Hell.That pig can try his well practiced moral indignation there.
The top story on the wires the past 30 hours is gay marriage in California.
Priorities.
Oh Thank God!
Of course with the new ruling from SCOTUS we will surely see more of these witch hunts.
You all can have Murtha. Take him and chop his phony-Purple-Heart-wearin’ head to bits. I don’t care.
I’ll take my Marine Corps and shed a tear. Apparently 24 civilians can be killed with no terrorists found, and the BATTALION COMMANDER can face no accountability, based on technicalities.
#40 Ordinary Coloradian
I think I like your idea better.
I will be waiting for Murtha, NYT, etc, to apoligize to our brave military personnel and to the American public. I guess I shouldn’t hold my breath however.
Outstandingly good news. May God look over all our fighting men and women, they surely need it in times like these.
Yep, there’s the apologist for the prosecution I was referring to in my earlier post, whining like a little girl about the failure to railroad these Marines despite an overwhelming lack of evidence.
C’mon, tell us now how you know what really happened … and tell us why they are 0 for 7 despite all of the “evidence” against these guys.
Troll.
Mr. Murtha! Have you no character?
In the mindset of a Liberal, it’s illegal to detain the enemy and it’s illegal to kill the enemy. It’s illegal to question the enemy and it’s illegal to offend the enemy.
Move to France, losers.
LOOK #56. Thirteen28.
I don’t know what your little bitch ass background is, but I spent 7 months in combat in Haditha. I’ll be going back to Iraq again. I step on piss ants like you.
I’ve supported OIF continuously from the beginning. I put my money where my mouth is, and NOT just from some big base.
I’m going to see this fight through to the end.
UNLIKE SOME ON THIS THREAD, MY SUPPORT FOR OIF DOESN’T BLIND ME TO THE FORCES OF REASON AND LOGIC.
“TROLL”. CLEVER. KOS KIDS TEACH YOU THAT?
The sad thing about this is that the left will now “What Haditha?” whereas if they had gotten convictions…we would be hearing about it all year long.
Que the liberal moral outrage in 5…4…3…2
will now say “What Hiditha?” -sorry.
Fool… Sorry, priorities? My priorities are my fellow Marines.
HDFOB. Don’t know what your problem is with these Marines being cleared, and don’t really care. Of 8 charged, 7 have now been cleared. That tends to tell me that there was nothing there to begin with.
Those in control of the proceedings have decided there is either not enough evidence to support the charges. Or, the evidence that is there, shows that nothing untoward happened.
Rail away against fellow Marines “getting off” all you want. But those that know more than you have decided these Marines need to go free.
I’m looking forward to the 5 consecutive days of front page stories with full color pictures and graphic maps explaining in great detail exactly how these Marines were innocent all along, and the risks they took for all of us.
Hello New York Times. WaPo, LAT, Time & Newsweek, ect. ect.
Brian, that will happen about ten minutes after the Democrat leaders in DC become patriotic Americans. Or ten minutes after the pit of hell freezes over. Whichever comes first.
HDFOB, as a combat Vietnam vet, I see the Gen Mattis issue as not so much a smearing of his truthful and honored service as a Marine, but as a human being who may have been influenced by opinion. Lord knows our history is loaded with heroic commanders who had variances from paths other wise bold. it isn’t a question of who you will follow in this instance. it’s the evidence produced and evidence truthful. As for 24 “innocents killed”, you, of all people should know, it wasn’t that simple and war does suck.
Fantastic news.
#62 Twofoot.
Let me first add I agree it is unlikely now that SSgt Wuterich will get convicted.
However, if he is convicted. I assume you won’t criticize the decision. You’ll say, “the court must know something I don’t, I’m fine with it.”
Because if you do, you’d be the minority on this thread.
I also assume you’re probably perfectly ok with the Justice Kennedy’s horrendous Boumediene decision, because he probably knows more than you do.
Anyone here have a link to the video clip of John Murtha running for cover?
Paging ex-Marine John Murtha…. come out come out wherever you are, you spineless coward.
Apologize to these good men…. NOW.
Paging Barack Obama, CIC wannabe.
You also slandered these good men with cause, Mr. Obama…. what do you have to say for yourself?
Hello?
*crickets*
When is Murtha going to be asked to resign.
The bastard deserves to be sent to Kandahar – stripped naked – and sent on a walk to greet the Taliban.
Readers in Murtha’s district should be working to elect William Russell in November. Yeah, you lose the pork that comes with the committee seniority, but don’t you think that’s worth it?
Does anyone know if there’s a 527 group that’s going to advertise about Murtha’s treatment of these Marines before the election? I’d be happy to send them some money.
Thank goodness.
I guess you have an ax to grind for General Mattis. That’s fine, I was in combat myself and I would have followed my CC to hell and back too even though she probably made a few mistakes along the way. However, what you’re not seeing is that these individuals seemed to have been railroaded by people like Murtha and the phony supporting the troops MSM and various other trolls. They are pretty silent on this. I’m not okay with the stupid SCOTUS decision last week but you may very well be. We’re on a 4th deployment, this will be the second of the 15 month deployments (only 14 more months to go) and I can asure you that you may be of your opinion that these guys should have been fried but there are others who served who felt like these men were railroaded. You were not there either, they were, and you can say they’re guilty as charged and that the dismissals were a mistake but it seemed as though a rush to judgement was made due to the pressure of people like murtha and the ny slimes.
Murtha is a nothing but a huge pile of rat dung and should be run out of office. Furthermore, if his constituents let him remain in office they’re not much better than he is.
On June 17th, 2008 at 2:07 pm, HDFOB said:
This Marine mom thinks you’re full of sh*t.
On the (very) off chance that you’re legit however, please explain to us why you think that these Marines should have been convicted?
This is a serious invitation and a golden opportunity for you, HDFOB. Don’t hold back.
+7 for the good guys. 1 to go.
Keep him in your prayers.
One more to clear, our prayers are with him. Murtha must pay for this.
Way past due. Someone should have already turned him over to Collections.
#72 Heather said:
Bingo. That is the kind of thinking that helps win elections. I would crawl over broken glass to vote against the opportunistic pols that falsely accuse and demean our Military.
#73 terrig
Maybe I didn’t convey my previous remarks on SCOTUS correctly. I AM HORRIFIED BY Justice Kennedy’s “Boumediene” opinion.
My broader point is OF COURSE it’s ok to pick apart what ANY court system does. Military courts are no different. Not being in a given place or time doesn’t close a subject off for debate.
Let me take time out to thank you for Iraq dash 4. I know you’re true believer too. All of four of those deployments weren’t mandatory. Unless you’re talking about a moral commitment.
OOOOORAH!!!
Justice Served!
Congratulations Lt Col Chessani!
When will Murtha apologize????
When will the MSM apologize for perpetuating lies and innuendos about the Haditha Marines??
FIGHT THE SMEARS!!
-HDFOB
Quotes like this do not enhance your credibility. All they do is increase the chance you’ll be taken for a troll and roundly ignored.
Michelle, thank you for staying on this when the MSM ignored it.
I am so thrilled to see these men get off of these bogus charges….and I wait with baited breath for John Murtha-traitor to burn in hell.
I may have misjudged you.
My, WiFi at the bookstore (through starbuck’s) is expensive…
– martin.musculus
1st to #83 Yashmak. If you’re get smear somebody for engaging in the debate, as a previous poster had done, expect to be smacked.
2nd to #76 Irish Rose. I laid out my position pretty extensively in the below link.
Nice of some to question my legitimacy for going against orthodxy.
http://michellemalkin.com/2008/03/28/case-dropped-against-haditha-defendant-lance-cpl-stephen-tatum/
HDFOB – you write like a true REMF.
all these dismissals and the complete acquital makes this ring true as a railroad job to cover political butt. And you look to be providing top over for scumbag REMFs like yourself.
FYI: USArmy 19D, 2ACR – Scouts OUT!
a quick tour of news websites for coverage
ABC – no
CBS- yes
CNN – no
Fox – yes
MSNBC – no
Ah, I see. So two wrongs make a right.
I stand corrected, you’re a paragon of virtue. /sarc off
Right you are. No complete story yet (just the wire services) and all I could see on their front page was a story about 51 people killed in a Baghdad bombing.
Now this just can’t be, because I saw Sen. John McCain walk thru a Baghdad marketplace recently and proclaim how it was so like a market back in Indiana. Obviously the MSM have cooked up this story just to sideswipe the truth again.
So please, let’s just ignore them. I look forward to seeing tomorrow’s main article attacking Obama’s choice of socks or some other vital piece of info that the MSM just doesn’t want to show the American people.
OH NO.
BELIEVE ME YASHMAK, I’M A MAN WHO EMBRACES VICE.
More FANTASTIC news for our brave marines!
Any comment from John Murtha’s constituents that elected him? John Murtha POS!
And the caps lock button apparently too.
Murtha, I served with Marines. I knew Marines. Marines are friends of mine. Murtha , you’re no Marine
They are cowering in a elevator with Murtha.
In true Marine Corps fashion … there is only one thing to say
OOOH F^%$#IN’ RAH!!!!
Irish Rose…we disagree at times, but…hoo-rah
I’m glad these young men are being released and allowed to return to their families and their lives, and shows the justice system isnt a lost cause afterall.
Wade-too funny!
Notice the usual suspect trolls are again absent from this thread.
Here’s one of the things HDFOB wrote on the other thread, where he “laid out [his] position pretty extensively.”
Did you know that Lance Cpl. Justin Sharratt was actually declared “innocent” by the General you so adore? Not just “not guilty,” but “innocent.” Funny how that doesn’t get mentioned.
As for the few points of actual “evidence” you did present in that thread, they are largely contradicted by this report.
Boo. Freakin’. Hoo.
And yes, I still question your legitimacy. Even moreso now.
This is for anyone wanting to compare Rep. Murtha to pigs..
Pigs are actually a big part of the economy and a great part of dinner.
They are in it for the life time dedication for the dinner plates of the US..
Let’s not denigrate the noble pig by comparing them to John Murtha..
Please, use Pond Scum or Outhouse Ploppings.