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…
See what others have said
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Trackbacks
- The Jawa Report
- Charges Dropped Against Another Haditha Marine : The American Pundit
- JammieWearingFool
- Bloodthirsty Liberal » Where Do They Go to Get Their Reputations Back?
- Democracy Project
- Macsmind
- Yankeemom
- Stunning: Haditha Hero Lt. Col. Jeffrey Chessani Dismissed | Political Vindication
- Haditha Marine Lt. Col. Jeffrey Chessani Charges Dismissed - Trackpads Community
- Another Haditha Marine Acquitted « Tai-Chi Policy
- locomotivebreath (by God!) 1901
- Lump on a Blog » Blog Archive » Obama advisers: Bin Laden can appeal to U.S. courts
- Haditha Marines Update: Another With Charges Dismissed » Pirate’s Cove — Give No Quarter!
- Lt. Col. Chessani acquitted - Take that Murtha and MSM | Democrat=Socialist
- Michelle Malkin » The gallery of military betrayers
- And then There Was One « Antihippies
- And then there was one | Neptunus Lex
- The Saloon dot net
- Michelle Malkin » Defining atrocity: Marines vs. the Haditha Smear Merchants
- The Murtha of all Morons Strikes Again « Thespis Journal
- GraniteGrok
- Marine being tried in civilian court for battle casualties - Page 2 - XDTalk Forums - Your HS2000/SA-XD Information Source!
- Sorry about calling you racists, you racists. « Trust, But Verify
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Categories: Haditha, John Murtha
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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.
I am happier with this news than if Michelle asked me for a hug.
Murtha should be censured and expelled from the House.
Just a fantasy, with San Francisco Nan, aka Stretch Pelosi, in charge.
But it is what he deserves.
99 Thirteen28:
AWWW. You got me!!
Look, I disagree with what Gen Mattis did with LCpl Tatum. You should’ve also mentioned Capt Randy Stone, to whom he not only released, but gave some sort of “atta boy” pep talk.
I think he is wrong. But he made a honest judgment call. He was no more influenced by Time magazine to indict the members of 3/1 than he was influenced by Michelle Malkin to release them.
I think it proves how ridiculous the argument is that Gen Mattis is a man whose actions are dictated by politicians and the media. He deserves more respect than that.
As for Col Watt’s report, it’s severely lacking in the most important details. I couldn’t get away with turning in something like that for a vehicle accident. There are several points in the investigation where he just asks the reader to push the “I believe” button.
Look dude. I’m sorry I’ve the gall to believe in this war, fight for it, and hold a different opinion from yours. You should probably get over it.
Project much?
Practice what you preach.
The Marines charged in the Haditha case are innocent. Get over it.
Pork Barrel Murtha’s contituents will almost certainly re-elect him anyway, if he runs for office again. That’s the sickness of our political system, our inability to clean up our government.
I CALLED MURTHA’S OFFICE. AT THIS TIME HE HAS NO PLANS TO ISSUE AN APOLOGY.
I LET GO WITH BOTH BARRELS AND ALSO SOLD HIM A TUB OF OXY-CLEAN.
Voters need to start putting the good of the country as a whole over pork barrell interests.
Murtha is certainly not good for America. Voters need to recognize that and forego some of their prized pork to help the country.
When will that happen? I’m not holding my breath.
WARNING: John Murtha is a CODE Pinko Pelosi Poodle.
SAVE OUR COUNTRY…Fire him now.
from a wife of a REAL Marine.
HD FOB said this in # 81:
I’m not sure what is meant by being a true believer or moral commitments. My husband’s commitment is to the US Army and to the wishes of his CIC, just as mine were when I was in. When they tell you you have to go, you have to go, unless you’re a nincompoop (sp?) like ehren watada and want to make a “statement”. Just not sure what is meant by that.
dreid,
I got a hug from Michelle at a GoE function March 2007. I say tie but I am so damn happy about this news. Well, I was damn happy about the hug I got from Michelle too.
Funny,
how I’m roundly criticised, whenever I tell someone, I vote a straight Republican Ticket,
isn’t it.
Amazing…Murtha served and wipes his backside on those that would have followed his orders. Kerry served briefly, collected dubious awards and wipes his backside on All Who Served…and American voters return these two Traitors to office.
I can’t understand any of this but I do know that the UCMJ got it sorted out right this time. I have been to three wars, a county fair or two and served with good and honorable men.
Kerry and Murtha are neither good or honorable. The fools that return them to office are neither good or honest.
The sad part is that America does not know the difference.
Marine General’s Final Message to His Troops Before the Start of the 2003 Iraqi War
Major-General J.N. Mattis, commander of the 1st Marine Division, gave the following speech to his men and woman on the eve of the United States’ invasion of Iraq on March 19, 2003:
For decades, Saddam Hussein has tortured, imprisoned, raped and murdered the Iraqi people; invaded neighboring countries without provocation; and threatened the world with weapons of mass destruction. The time has come to end his reign of terror. On your young shoulders rest the hopes of mankind.
When I give you the word, together we will cross the Line of Departure, close with those forces that choose to fight, and destroy them. Our fight is not with the Iraqi people, nor is it with members of the Iraqi army who choose to surrender. While we will move swiftly and aggressively against those who resist, we will treat all others with decency, demonstrating chivalry and soldierly compassion for people who have endured a lifetime under Saddam’s oppression.
Chemical attack, treachery, and use of the innocent as human shields can be expected, as can other unethical tactics. Take it all in stride. Be the hunter, not the hunted: Never allow your unit to be caught with its guard down. Use good judgment and act in best interests of our Nation.
You are part of the world’s most feared and trusted force. Engage your brain before you engage your weapon. Share your courage with each other as we enter the uncertain terrain north of the Line of Departure. Keep faith in your comrades on your left and right and Marine Air overhead. Fight with a happy heart and strong spirit.
For the mission’s sake, our country’s sake, and the sake of the men who carried the Division’s colors in past battles — who fought for life and never lost their nerve — carry out your mission and keep your honor clean. Demonstrate to the world there is ‘No Better Friend, No Worse Enemy’ than a U.S. Marine.
This page was last modified on July 22, 2007.
Score:
USMC 7
Murtha/Dems/Moonbats/MSM 0
Yes,
The “Obama/Murtha Election by Default Brigade.”
[chirp]
Can we call him traitor now?
While I am happy for the marines, here is my opinion which might be as radical as HDFOB’s.
The fact is the marines at hand did kill an excessive amount of peoople. No one could prove that it was a deliberate act, as opposed to the simple execution of a battle drill during actions on contact. Therefore, they are innocent of the charges. I highly suspect that the amount of force used was several orders of magnitude too much for the situation. Several months of my last trip to Iraq were spent comparing, on a daily basis, the amount of ammunition expended by army and marine units in contact. Consistently the army fired much less, and frequently fired nothing if there was no clear enemy; even if they were obviously attacked. The difference is in the training mindset of the marines. And the marine way is not effective in COIN, as they have come to realize when the Army settled Ramadi while the Marines took much longer to get Fallujah under control. I have no doubt that the marines in that action used all the force at their disposal, which was way too much, as a result of their training. I don’t believe that they did it “in cold blood.”
Marine is spelled with a capital M.
Remember it.
And I will make sure that my globes and anchors are always on display. While I respect my brother servicemen, and particularly the ones I worked with in Ramadi and Fallujah, don’t take offense if I didn’t capitalize it. If I had written United States Marines, I would have capitalized it.
I looked, and not only is this story is not one the front page it’s not on the U.S. page or the World Page.
Time, 5:53pm Pacific time
A finding of “command influence”? EXCELLENT!
“Command Influence” is a determination that the chain-of-command has deliberately attempted to engineer the conviction of those accused of a crime – to “encourage the others” (i.e., to fear for their careers and anticipated imprisonment).
Sgt. Wutterich, who MAY be rightfully accused of acting in “hot” blood by unlawfully indiscriminately killing non-combatants MAY be found “not guilty” due to the actions of the U.S. Marine Corps Command Authorities. This may not be “Justice,” but it IS protection of the integrity of the Judicial System from the criminal actions of those who are Instructed to prevent this sort of Kangaroo Court system (since World War II).
The senior Marine Corps individuals (whom Murtha now HAS to shield from prosecution from Conduct Unbecoming an Officer and the General Article) who engaged in Unlawful Command Influence should be court-martialed with all the vigor that Murtha demanded against the Haditha Marines! But, don’t hold your breath. Because Murtha has possibly engaged in a Federal Conspiracy to deprive the Marines of their Constitutional Rights.
ArmoredCAV:
I’d love to debate COIN theory. Remember, Marine controled Al Qaim, Rawah, Anah, Haditha, and KV, all flipped before Army controled Hit and Ramadi. In fact, Hit only flipped once the Marines took the AO. Ramadi was under Army control, but had Marine sectors. Ramadi also had a lot to do with MGen Allen & Sheik Sattar, then Sheik Achmed.
I believe the Marine way was superior because it emphasized a much higher number of foot patrols. Marines also had a greater desire to set up COPs and Patrol Bases, a strategy adopted by General Petraeus. Foot patrols and COPs are the ONLY way to know the territory.
The Marines also had a greater tendency to figure out where they were most likely to take contact, and make sure the route went that way. Of course that resulted in higher casualty rates in the short term, but that was the only way to flush out the enemy.
You’re absolutely right on total ammo exped comparisons. But I’d bet my paycheck the Marines have a higher ammo fired to enemy hit ratio.
Sorry, but 3/1 was not a typical Marine unit engaged in COIN. That’s where John Murtha is most obscenely wrong.
I cannot believe that I forgot about this fantastic group!
http://www.thomasmore.org/default-sb_thomasmore.html?516968762
These are the groups that we-who believe in freedom – must support with our $$$$$. I’m in>>>>>
For those of you interested…you can send an e-mail to Steve Benson at the AZ Republic. He was the cartoonist who drew the USMC emblem with blood on it and called them the “United States Massacre Cover-up”. He condemned the 8 Marines even before the trial started.
steve.benson@arizonarepublic.com
I sent him an e-mail asking him when he would apologize and all he wrote back was:
“Thank you for your interest in what I do.”
Narcissistic pig.
We get that paper here in Chandler, AZ. At least we did until that cartoon.
Billy Mays, #106
Please, quiet down!
You would think that at some point, the Liberals and all their little, “Blame/Hate America First” minions would just plain get tired of being wrong all the time.
Sorry, but I just don’t have time to attempt to decipher how all the little trolls here are going to spin this around to make it look like they were right with their assertations and assumptions all along. If I wanted to be lied to and fed loads of crap, would talk to my Ex. She wants to vote for Obama too.
Coincidence?????
I hope when the last two are acquitted that they hold a Press Conference to clear this air and bring up what has been said about them and that they are setting the record straight (since the press refuses). This way atleast it can be covered by SOME press.
I’m saddened for the marines that are being put through this and also for their families. And whoever the prosecutor is on this should pay a huge fine for being so dense to waste our tax dollars like this. We need to go after the people who truly do crimes.
Oh, and if I were one of those Marines acquitted, I’d atleast bring a law suit towards murtha just to give it publicity that as a Congressman, he needs to hold his tongue when he doesn’t know facts.
HDFOB
Wish I had seen your post yesterday.
Marines do a lot of good work, and frankly we copied your idea of “firm bases” and a few others. Took some work to get our Troopers off the Brads at first, but we did so. That said, the softer side of COIN does not come easy to the Marines and that is where the problem lies. Sattar was totally the work of the two army brigade commanders. Also, I know for a fact that Fallujah’s RCT CDR was essentially told that he had better start doing things like they were doing them in Ramadi. Then, suddenly sigacts drop to almost nothing per day.
Marksmanship… you may be right on that one.