Posted on 03/06/2007 3:45:52 AM PST by RedRover
Thomas More Center to defend commander against Haditha charges
A Marine commander from Colorado who survived an ambush firefight in Haditha, Al Anbar, Iraq, against terrorists, but then got caught in John Murtha's firefight of words as the anti-war congressman tried to capitalize on allegations about the situation, will fight military charges of dereliction of duty and failing to follow orders.
Officials with the Thomas More Law Center of Ann Arbor, Mich., say the charges against a number of Marines, including their client Lt. Col. Jeffrey Chessani, resulted after Time magazine "misreported" circumstances about the battle in the war on terror that pitted U.S. Marines against Iraqi and foreign terrorists on Nov. 19, 2005.
The situation got even worse, officials with the Law Center said, when Congressman John Murtha, an outspoken anti-war critic and chairman of the House military appropriations subcommittee, publicly accused four Marines of being "cold-blooded murderers" and high-ranking officers of "covering it up." "The astounding and unprecedented public accusations of 'murder' and 'cover-up' by Congressman Murtha, which he claimed were based on his conversation with senior military officials, taints the entire process," said Richard Thompson, president and chief counsel for the Law Center.
He noted that although Murtha has been questioned, he has thus far refused to provide the basis for his public accusations or reveal the names of the senior military officials from whom he claimed he got his information.
Haditha, which had been known as "an insurgent citadel," became headline material in the United States when a Marine convoy was ambushed by a road-side bomb and small arms fire from nearby houses. The bomb killed one Marine in a Humvee and injured two more, and the resulting house-to-house battle between the outnumbered 4-man Marine "fire team" and the insurgents resulted in 24 Iraqi deaths, including 15 civilians.
Now the Law Center said the future of America rests on support for the military.
"The outcome of this case is vital to the security of our nation and to the military personnel we place in harm's way," Thompson said. "As tragic as these civilian deaths are, it's essential that we not shackle our combat commanders' ability to make decisions by placing them in fear of criminal prosecution every time there are civilian casualties as a result of combat action."
"Lt. Col. Chessani never retained an attorney during the year-long investigation leading up to these criminal charges and voluntarily answered all questions posed by investigators," Thompson said. "He knew he had done nothing wrong and trusted he would be cleared. Despite the charges against him, he still believes in that last line of the military Code of Conduct – 'I will trust in God and in the United States of America.'"
The Law Center said Chessani is described by fellow officers as a focused, hands-on commander who followed the Law of War and was sympathetic to the plight of innocent Iraqis. He is a committed Christian with a wife and five children, and has served his nation honorably for more than 19 years with tours of duty in Panama, the first Persian Gulf War and three tours in Iraq.
There was a three-month delay between the time when the Marines were attacked in Haditha and the investigation was launched, "and as a result of a grossly erroneous and inflammatory Time Magazine news lead, which military commanders in the field suspected was instigated by terrorist propaganda," the center said.
Then months before the investigation was finished, Murtha, who was an unindicted co-conspirator in the FBI's 1980 Abscam case of alleged Arab bribes of U.S. congressmen, launched his verbal attack on the Marines.
The gist of the charges against Chessani is that he failed to investigate properly and brief higher commanders on the attack, the Law Center said, and it will be defending him at an Article 32 hearing March 21 at Camp Pendleton, Calif.
If that hearing, the equivalent of a civilian preliminary hearing, would determine the case should move forward, he ultimately could face dismissal, loss of retirement and a prison term.
But lawyers said it is important to understand the context of Chessani's decisions. They said before the Nov. 19 attack, Marines had found evidence Haditha was a terrorist stronghold, and the terrorists were known for placing Improvised Explosive Devices near youth centers and schools so they could use any civilians killed in their propaganda. Just earlier that year, terrorists occupied the Haditha hospital to stage an ambush, and placed innocent civilians at the center of their attack plan.
In fact, Marines were fired on from nearby civilian homes, and Chessani's later report to his commanders concluded the terrorists chose the fight location, "knowing that they would endanger the lives of civilians." Handling the case will be Law Center attorneys Robert Muise and Brian Rooney. Muise is a Marine infantry officer veteran of the first Persian Gulf War and a former Judge Advocate.
Rooney is a Marine veteran of Operation Iraqi Freedom and a former Judge Advocate as well.
They will join the military detailed defense counsel team of Marine Reserve Lt. Col. Jon Shelburne, a law professor at Roger Willaims University School of Law, and Capt. Jeffery King, USMC, a defense counsel stationed at Camp Pendleton.
"Terrorists routinely use mosques, schools, hospitals, and civilian homes from which to launch attacks and hide," said Rooney. "We have always taught Marines to be aggressive and encouraged this aggression in order to help them survive and accomplish their mission."
"Through our defense of Lt. Col. Chessani, Marines on the ground will be assured that their valiant combat actions will not be turned into political fodder and talking points for politicians seeking headlines," said Muise.
"Unlike the anti-war media and politicians who have already convicted the Marines in print, Lt. Col. Chessani will be judged by his peers, many of whom are combat veterans and truly understand the situation in Iraq," Thompson said. "It is a system that we are confident will exonerate our client. We are not going to let a politician's agenda destroy a brave Marine's family, and career."
The center defends and promotes religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education and related activities.
Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado was among eight Marines charged in December with counts stemming from the Haditha ambush.
Also charged were Staff Sgt. Frank D. Wuterich; Sgt. Sanick P Dela Cruz; Lance Cpl. Justin Sharratt, 22; Lance Cpl. Stephen Tatum; 1st Lt. Andrew Grayson; Capt. Lucas McConnell and Capt. Randy Stone.
I get so pi$$ed at the cowardly appeasers in our government and they are traitors!
It's been more than 40 yrs, since I was in, but the rule of thumb then was if you're innocent, you would want a military trial rather than a civilian one. The military trial wouldn't let in all the extra BS that goes on in civilian trials. I hope it's still that way.
"He noted that although Murtha has been questioned, he has thus far refused to provide the basis for his public accusations or reveal the names of the senior military officials from whom he claimed he got his information."
Murtha must think he's a journalist.
God Bless these Marines and keep them from the harm that our worthless politicians would visit on them.
Murtha is the SOB who should be on trial.
Just don't forget the enlisted in this defense
We support you and are praying for you, Lt. Col. Chessani.
Please make a visit to...
This article includes a lot of good info. Lt. Col Chessani is getting railroaded, IMO, because he stood up for his men. At least two higher officers who were briefed on this incident did not think further investigation was necessary. Those officers aren't being charged. But after the Times article came out, one battalion operations officer,Maj. Samuel H. Carrasco, said he and the battalion executive officer suggested an investigation to Chessani. Carrasco told investigators that "Lt. Col. Chessani then shouted, 'My men are not murderers.' "
Good for Lt. Col. Chessani!
I'm sure Murtha doesn't want to give up his sources b/c they probably were just giving opinions of their own and didn't know any more than he. He'd have to state that they were heresay, and not known for their accuracy.
This news may be of interest. The victors in the Mt. Soledad Cross case are now representing a Haditha Marine officer.
As for the Marines on Haditha’s streets, some have taken the extreme measure of wearing helmet video cameras in case they need indisputable proof if their actions are questioned. “I’ve seen squad leaders and Marines with that,” [Lt. Col. Jim Donnellan, commander of 2nd Battalion, 3rd Marine Regiment] said. “It’s disheartening because you feel like they’ve lost their confidence that we’re going to take care of them."
From the article above: ....."the investigation was launched, "and as a result of a grossly erroneous and inflammatory Time Magazine news lead, which military commanders in the field suspected was instigated by terrorist propaganda," the center said.".....
Tim McGirk was given credit for the Time's article, but he was helped out by Time's "reporter" "Bobby" Aparisim Ghosh (who I think is Indian). The stringer, Mr. Ghosh, has written several articles from Iraq with lovely bedtime story titles like, "Inside the Mind of an Iraqi Suicide Bomber". Free Republic previously did a good roundup of McGirk and Ghosh in this link.
http://www.freerepublic.com/focus/f-news/1643803/posts
Nothing about this story made me feel good save for one thing: until TIME's investigation, one of the Marines — the squad leader, Staff Sgt. Frank Wuterich — was in line to receive a medal for heroism for what he did that terrible day. According to press reports, the recommendation says that Wuterich, 26, displayed "calm and confident decisiveness that day and doubtlessly prevented further injury or death to fellow Marines and innocent civilians." Today, Wuterich faces 13 counts of unpremeditated murder.
In a sane world, McGirk would have been tarred and feathered and ridden out of town on a rail.
If these eight Marines are court-martialed after the Article 32 hearings, hopefully the attorney's for all of them will put murtha on the witness stand and find out once and for all just where he got his slanderous information and what that information consisted of.
The cowardly behavior of murtha should be exposed to the public and any person who leaked information to him should be put on the witness stand as well.
It looks like Lt. Col. Chessani's attorney's with the Thomas More Law Center will do just that. It will not only make everyone in our country aware of murtha's inappropriate actions but hopefully will deter others in the future from repeating his outrageous behavior.
Murtha - Perfect example of just how stupid voters can be.
I know I focus on the Marines' time in and # of tours! I just find this unspeakable treatment for his SERVICE. I know a handful of active "dooties" who rotate and plan their tours knowing they will not be deployed because the base/post just returned from action. Lt. Col Chessani did not hide.
Not only did he not hide from duty, he stood squarely behind his men when they were accused.
McGirk gives some good insight on his own personality. He opines on how hard "breaking" this story was on himself, but preventing a Marine from getting a medal for heroism makes him "glad". Hmmm.
McGirk refers to his childhood as being pro-military because his Dad was a Marine. But he refers to his Dad as an ex-Marine captain. Is that phrase typical - ex-Marine? I thought that was reserved for the likes of Murtha types.
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