Haditha Marine update: Lt. Col. Chessani wins another round

By Michelle Malkin  •  May 6, 2009 08:56 AM

John Murtha’s big, fat mouth is still wreaking havoc on the lives of the Haditha Marines he defamed. But the Marines keep winning in court. Yesterday’s good news from the Thomas More Law Center, which has vigorously defended the accused Marines:

A government official has informed the Thomas More Law Center that the government will not seek to appeal the recent unanimous decision by the Navy Marine Corps Court of Criminal Appeals (NMCCA) in favor of LtCol Jeffrey Chessani, USMC.

The decision makes permanent the ruling by the trial court judge, Colonel Steven A. Folsom, USMC, dismissing the charges against LtCol Chessani, without prejudice, due to Unlawful Command Influence. The government could have sought an appeal to the civilian Court of Appeals of the Armed Forces (CAAF), and then to the U.S. Supreme Court.

Gary Gross and Jim Hoft have full coverage — coverage you won’t find in the MSM outlets that trumpeted Murtha’s smears three years ago.

Unfortunately, it’s not over for Chessani just yet:

The Marine Corps may be closer to giving up its troubled prosecution of Lt. Col. Jeffrey Chessani, the highest-ranking officer accused of wrongdoing after 24 Iraqi civilians were slain in the city of Haditha in 2005.

Chessani’s attorneys said Tuesday that they’ve been told the service won’t seek a third appeal of a ruling dismissing two counts of dereliction of duty against Chessani, who is accused of not ordering a full-scale investigation into the killings.

A Marine Corps spokesman, however, said a final decision on possible further appeal hasn’t been made. But the attorney for the appeal, Navy Lt. Timothy Delgado in Washington, confirmed a recommendation to drop the matter has been issued.

If that recommendation is followed, a final decision on whether the case gets dropped rests with Marine Corps Commandant Gen. James Conway.

And if that happens, Chessani would become the seventh of eight Camp Pendleton Marines charged with crimes at Haditha to be fully exonerated.

“Our whole center is just waiting to see what the government now decides to do,” said Chessani attorney Brian Rooney of the Thomas More Law Center in Ann Arbor, Mich. “We are very hopeful that the decision is to end the case so Col. Chessani can get on with his life.”

Posted in: Haditha, John Murtha

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Comments


  1. #695325
    On May 6th, 2009 at 9:09 am, Maggie45 said:

    Thank God. Col Chessani has been on my prayer list for months.

    I won’t say what I think about Murtha. I do want to spit every time I see that face, though.

  2. #695330
    On May 6th, 2009 at 9:19 am, no2pcbs1 said:

    murtha is a low life piece of human waste who wouldn’t even make a good pimple on anyones butt. Lt. Col. Chessani is a true patriot, I salute you Colonel.

  3. #695331
    On May 6th, 2009 at 9:19 am, no2pcbs1 said:

    murtha is a low life piece of human waste who wouldn’t even make a good pimple on anyones butt. Lt. Col. Chessani is a true patriot, I salute you Colonel.

  4. #695333
    On May 6th, 2009 at 9:20 am, granite said:

    Charges were dismissed without prejudice.

    Does this not mean that jeopardy is not attached, and that charges could be refiled?

    Or, is the military justice code a bit different from the civilian legal code on this point?

    Do I have things way wrong?

    Could a(n) (military)attorney please explain?

  5. #695334
    On May 6th, 2009 at 9:20 am, tre said:

    Can John Murtha (PATOOIE!) be dis-honorably discharged now?

    God Bless all Service People!

  6. #695337
    On May 6th, 2009 at 9:21 am, El_Guapo said:

    You volunteer, you risk your life and Murtha and his friends treat you like a criminal from the safety of their luxury townhomes.

  7. #695344
    On May 6th, 2009 at 9:30 am, pianoman said:

    Good on you, Lt. Colonel! Keep fighting the good fight, sir…I am so sorry you and your fellow Marines even had to deal with this.

    BTW, can anyone from PA explain to me how you keep Murtha and Specter, but reject Santorum and Swann?

  8. #695350
    On May 6th, 2009 at 9:34 am, Old Tanker said:

    The LTC will get his name back but unfortunately his career is still over, to sad.

  9. #695366
    On May 6th, 2009 at 9:48 am, Paul Revere said:

    Michael Savage has raised money to help the defense fund.

    Murtha can burn in Hell.

  10. #695370
    On May 6th, 2009 at 9:51 am, Rogue Cheddar said:

    If only Murtha’s misdeeds and financial malfeasance could be under the same amount of scrutiny. I doubt he would fare as well.
    Lt. Col. Chessani, good luck and God bless! Thank you for your service.

  11. #695390
    On May 6th, 2009 at 10:08 am, ArizonaNeanderthal said:

    Charges were dismissed without prejudice and yet the man’s career is toast–hopefully he can retire at his current rank.John Murtha’s big, fat mouth is breathing air it has no right to breath. But that will be for only for the twinkling of an eye in the scheme of things; the Eternity of Hell Fire awaits lying hypocrites and scum such as Murtha.

    Put together the number of years he claims to be a Marine and the years he was in Congress:

    Murtha left the Marines in 1955. He remained in the Reserves after his discharge from active duty until he volunteered for service in the Vietnam War, serving from 1966 to 1967, serving as a battalion staff officer (S-2 Intelligence Section), receiving the Bronze Star with Valor device, two Purple Hearts and the Vietnamese Cross of Gallantry. He retired from the Reserves as a Colonel in 1990, receiving the Navy Distinguished Service Medal.

    Murtha, a Democrat, has represented Pennsylvania’s 12th congressional district in the United States House of Representatives since 1974
    He retired from the Reserves as a Colonel in 1990.

    For 16 years of his Marine service he was in Congress–did not lead a lot of infantry charges as a Congress Critter did he?

    There is less here than meet the eye.Hell fire is forever Mr. Murtha.

  12. #695395
    On May 6th, 2009 at 10:12 am, granite said:

    From a TMLW email alert:

    Government Decides Not to Appeal Further in LtCol Chessani Case; Decision to Re-Charge Still Pending

    Tuesday, May 5, 2009
    ANN ARBOR, MI – A government official has informed the Thomas More Law Center that the government will not seek to appeal the recent unanimous decision by the Navy Marine Corps Court of Criminal Appeals (NMCCA) in favor of LtCol Jeffrey Chessani, USMC.

    The decision makes permanent the ruling by the trial court judge, Colonel Steven A. Folsom, USMC, dismissing the charges against LtCol Chessani – without prejudice – due to Unlawful Command Influence. The government could have sought an appeal to the civilian Court of Appeals of the Armed Forces (CAAF), and then to the U.S. Supreme Court.

    Because Col Folsom’s dismissal of charges was made without prejudice, the government could still seek to re-charge LtCol Chessani.

    The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, along with detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC, have represented LtCol Chessani throughout the criminal process.

    In order for the government to start the process of recharging LtCol Chessani, the Commandant – General James Conway, USMC – would have to appoint a new convening authority (the rank of General) that was not precluded by Col Folsom’s ruling, which was based on Unlawful Command Influence.

    Note this again:

    Because Col Folsom’s dismissal of charges was made without prejudice, the government could still seek to re-charge LtCol Chessani.

  13. #695401
    On May 6th, 2009 at 10:16 am, JDinTX said:

    All these Marines are true patriots. They stand between the terrorists and us. Murtha and the rest of the libs need to shut up.

  14. #695406
    On May 6th, 2009 at 10:23 am, jangar said:

    There’s something very rotten in PA.

  15. #695414
    On May 6th, 2009 at 10:27 am, 1SG Walt said:

    Hand salute for the LTC. Thanks Sir. Hope to see you in DC Jun, Victory in Iraq…..gathering of eagles.org

  16. #695444
    On May 6th, 2009 at 10:51 am, old trooper said:

    Promote LtC Chessani, hang Murtha and his punk nephew and impeach Obama.

    Semper Fi!

  17. #695452
    On May 6th, 2009 at 10:56 am, zyzzyg said:

    Good for LtCol Chessani.

    Too bad for these Marines.

    http://news.yahoo.com/s/afp/20090429/ts_alt_afp/usmilitaryiraqtrialrapemurder

    And, I feel those Marines. Not making an excuse, just saying . . . there are reasons.

  18. #695504
    On May 6th, 2009 at 11:41 am, walterc said:

    So is the LtCol. available for a run for Congress next year? That’s the kind of grit we need in Washington.

  19. #695513
    On May 6th, 2009 at 11:45 am, MikeA331 said:

    Excuse me zyzzyg but WTF are you getting at?

  20. #695521
    On May 6th, 2009 at 11:49 am, floam said:

    Lt. Col.Chessani–Thank you for your service and for keeping us safe and free. May you and your family have peace of mind at last.
    Thank you TMLC…you are the best!
    Thank God for all of you.

  21. #695535
    On May 6th, 2009 at 12:05 pm, MikeA331 said:

    Let me clarify for you ZYZZYG those soldier were in the Army not the Marine Corps a moot point I know. Secondly they were Tried and Convicted under the UCMJ. What point are you trying to make here in posting that article?

  22. #695552
    On May 6th, 2009 at 12:26 pm, Cameron said:

    zyzzyg, there is a difference between Marines and Soldiers. And as MikeA331 just pointed out, they were tried and convicted in a court of law.

    Exactly what are you trying to do by posting that article? It has nothing to do with Lt. Col Chessani’s trial.

  23. #695591
    On May 6th, 2009 at 12:53 pm, zorro said:

    On May 6th, 2009 at 10:51 am, old trooper said:

    Promote LtC Chessani, hang Murtha and his punk nephew and impeach Obama.

    Semper Fi!

    Sounds reasonable to me.

  24. #695607
    On May 6th, 2009 at 1:10 pm, zyzzyg said:

    On May 6th, 2009 at 11:45 am, MikeA331 said: #18

    On May 6th, 2009 at 12:05 pm, MikeA331 said: #20

    On May 6th, 2009 at 12:26 pm, Cameron said: #21

    My Bad, the linked article did say Army and not Marines.

    What I said -

    “Good for LtCol Chessani.”

    I am happy this is, for the most part, behind LtCol Chesani. It is a good thing that the charges against him have been dismissed. Hopefully, this will be the end of the issue.

    “Too bad for these Marines Soldiers.

    And, I feel those Marines Soldiers. Not making an excuse, just saying . . . there are reasons.”

    They are paying a price for what they did and I am not making excuses for them. However, I do feel for them, that somehow, mitigating circumstances did not, or were not allowed to, impact their sentences.

    They allowed what was happening to them, their fellow soldiers, what was happening around them, and their veiw that their control of the situation, the lack of cooperation, and maybe even support and guidance, resulted in them going to their dark side, to deal with very and extremely trying circumstances.

    I am not sure I would not have done something heinous being placed in that situation. Being a Soldier, Airmen, Marine, Sailor, or Coast Guardsmen, does mean you are no longer human. People get pissed, and they act.

    Again, I am not offering excuses, but am saying that there is more to it, and I repeat, I feel for these soldiers.

  25. #695934
    On May 6th, 2009 at 4:39 pm, WarEagle82 said:

    Obama has effectively put the CIA, NSA, FBI and other agencies on warning. If you do your jobs we will prosecute/persecute you if we don’t like how you did it or what you did even if you were executing a lawful order. Oh, and the press will be there to reveal your identity so the bad guys can come after you and your family.

  26. #695989
    On May 6th, 2009 at 5:22 pm, txvet2 said:

    I know it’s wrong, but every time I see Murtha’s face I think of pitchforks, torches, and a rope.

  27. #696116
    On May 6th, 2009 at 10:12 pm, Republicanvet said:

    Soooooo.

    Harsh interrogation tactics to save American lives is torture, yet persecuting a combat officer (wife and 6 kids) for years must be done.

    Releasing top Al Queda thug and dirty bomb associate of Jose Padilla is good, but Chessani is crucified because of Crooked Hack Murtha.

    And they wonder why their “patriotism” is questioned.

  28. #696139
    On May 6th, 2009 at 11:00 pm, MikeA331 said:

    Wait a minute guy you are saying you feel sorry for a group of soldiers who participated in the Rape and Murder of an Iraqi Family. This has nothing to do with the case being dicussed in regards to the Lt. Col. I suggest you read a bit more before posting.

  29. #696320
    On May 7th, 2009 at 9:45 am, gunslingerpatriot said:

    zyzzyg-
    Just a polite piece of advice when posting here, carefully consider what articles you link with a thread because it can give the impression that both situations are related and our resident trolls are constantly looking for this sort of stuff to further their agenda. (Hint read LGM).

    What is releavant is that what these Marines are going through isn’t that uncommon, and if you ask any veteran that has survived going through a SCM what its like-you won’t like the answer. The feelings are indescribeable and yet the emotional damage carries on long after the SCM is over with.

    Sadly, I know…I survived one SCM trial in ‘96 and was going through the process of another one (along with two other guys) in ‘05 from my final duty station.

    GSP
    “This is Sparta!”

  30. #696556
    On May 7th, 2009 at 1:04 pm, thirteen28 said:

    So does that make the Haditha prosecution persecution 0/6 or 0/7 now? I’m losing count of how many Marines they have been unsuccessful in railroading.

  31. #696577
    On May 7th, 2009 at 1:24 pm, old trooper said:

    On May 6th, 2009 at 5:22 pm, txvet2 said:

    I know it’s wrong, but every time I see Murtha’s face I think of pitchforks, torches, and a rope.

    Amen. I bought the rope, have a pitch fork or two and some kerosene for torches.

    Why Pennsylvania keeps Murtha in office quite frankly amazes me.

  32. #696597
    On May 7th, 2009 at 1:40 pm, Wade said:

    Why Pennsylvania keeps Murtha in office quite frankly amazes me.

    And Specter.

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