Posted on 05/21/2008 8:51:23 AM PDT by RedRover
ANN ARBOR, MI – Prosecutors yesterday hit a major speed bump in their rush to convict Marine LtCol Jeffrey Chessani when the Military Judge ruled that he found evidence of unlawful command influence. Courts consider unlawful command influence the “mortal enemy of military justice.”
Although the case is far from over, yesterday’s ruling now forces prosecutors to prove beyond a reasonable doubt that: (1) the facts upon which the unlawful command influence is based are untrue; (2) those facts do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.
The Unlawful Command Influence motion (click here for Motion) was brought before Military Judge, Colonel Steven Folsom, by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. 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.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “Considering the politically charged nature of this case – and particularly this motion – Colonel Folsom made a courageous decision.”
Thompson went on to say, “The taint of unlawful command influence started from the inception of the investigation, when high-ranking Pentagon officials decided to make LtCol Chessani a political scapegoat to appease a liberal anti-war press and politicians. This ill-conceived prosecution has resulted in the removal of one of America’s most effective combat commanders in Iraq by the Marine Corps’ own standards. Although nothing can undo the harm caused to our Nation and to LtCol Chessani and his family, this ruling gives us hope that the military justice system will rise above the politics that fomented this prosecution and allow LtCol Chessani, who devoted more than 20 years to the Marine Corps and to the defense of our Nation, to get on with his life.”
Colonel Folsom found that the defense met its burden of presenting “some evidence” of actual and apparent unlawful command influence. His decision was based upon the evidence that the Generals who controlled the disposition of the case were apparently or actually impermissibly influenced by Marine lawyer Colonel John Ewers, who was permitted to attend numerous, closed-session meetings in which LtCol Chessani’s case was discussed.
Colonel Ewers was one of the investigators of the Haditha incident from the beginning. He is a witness that the prosecutors plan to call in its case against LtCol Chessani. Consequently, he should not have been involved in any of the meetings in which the disposition of the Haditha cases was discussed with the Generals who convened the court martial. During the hearing, the defense called Col Ewers as a witness. Col Ewers admitted that he was present during at least 25 meetings in which LtCol Chessani’s case and the other Haditha cases were discussed with the Generals and other legal advisors.
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 promptly reported the events of that day to his superiors, including the deaths of 15 noncombatant civilians caught in the battle, 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 planted 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, one of America’s most effective combat commanders in Iraq, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.
Thus far, after 30 months of investigation costing millions of dollars, the cases against three of the four enlisted men charged for their part in the Haditha incident have been dismissed.
The Law Center, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, is defending LtCol Chessani, the highest ranking military officer charged in the November 19, 2005, Haditha incident.
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.
Well, well, well.
Really Good News. Keep up the good work!
hu rah
The anti railroading rule.........That is the steak in the heart of the case........
I'm all for a good steak, but you may mean "stake." Excellent work by the Thomas More Law Center. If only the MSM would bring the actual FACTS behind the prosecution of these Marines to light, but that will never happen.
Prayers up for LtCol Chessani. These fraudulent prosecutors need to be brought to justice.
Shocked that Murtha’s comments before the TV cameras and the world's press were NOT included in the “command influence” charges..
Our’s is still a CIVILIAN controlled Military...
Murtha is Chairman of the House Appropriations Subcommittee on Defense — thus holding significant sway over the military in a “commanding” manner..
His ludicrous charges of “cold blooded murder” should have made ALL prosecutions of the charged Marines end IMMEDIATELY.
“The taint of unlawful command influence started from the inception of the investigation, when high-ranking Pentagon officials decided to make LtCol Chessani a political scapegoat to appease a liberal anti-war press and politicians."
Even though LtCol Chessani promptly reported the events of that day to his superiors, including the deaths of 15 noncombatant civilians caught in the battle, 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 planted by an insurgent propaganda agent, caused Pentagon officials to order the largest investigation in the history of the Naval Criminal Investigative Services (NCIS).
yesterday’s ruling now forces prosecutors to prove beyond a reasonable doubt that:
(1) the facts upon which the unlawful command influence is based are untrue; -- IMPOSSIBLE!
(2) those facts do not constitute unlawful command influence; -- Yeah...right...
or
(3) the unlawful command influence will not affect the proceedings. -- LOL.....NEXT!
No law expert here, but this sure sounds like game, set, match.
Bump for later read.Sounds like good news:)
A steak can damage your heart too, just slower.
This is outstanding news, Red.
I’m glad to see that Murtha’s despicable behavior is brought forth in full in the motion as well as the Murtha/Winter connection, if only in a footnote. It’s not clear to me that either was considered in this ruling but at least it’s there.
They are included in the the motion, rr. It doesn’t sound like they are a part of this ruling though unless this piece didn’t cover everything.
As a result, LtCol Chessani, one of America’s most effective combat commanders in Iraq, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.
Now we know why the desperation to get Lt.Col. Chessani removed from Iraq! April 06 - March 07 show the highest casualty numbers since the beginning of the war.
RAT strategy for losing the war and the support of the American people:
1. Remove the most effective combat commander in Iraq. - check
2. Demand the Troops be brought home NOW! - check
3. Claim we are losing the war and cite the rising casualty rates as proof. - check
4. Lauch an all out assault on the President, SoD and commanders using the "failed policy" mantra. - check
5. Continue to make false and slanderous remarks about our troops and their C-I-C as more and more troops get killed. - check
6. Conduct a battery of push polls to prove they are right and that America hates America. - check
7. Sit back and congratulate themselves on a job well done. - check
Hiya Justa!
This is some good news and I would have posted the Happy Dance but am going to reserve it for the dismissal of charges. :-)
>>Major Setback for Prosecutors in Chessani Court Martial
Prosecutors = Persecuters
Please - if you can - direct me to where I can see with my own tired old eyes where Murtha’s comments are SPECIFICALLY mentioned as forbidden “command influence”.....
My heart is healing - in learning, that:
At the core, it's STILL the Corps.
Anyone have a list of the generals? We could start playing with it to see who would have that as a motive.
Absolutely agree. The military judges punted earlier on the Murtha issue. They ruled (in effect) that he is outside their juridiction because he is outside the direct line of command. The best hope is to get Murtha via civil courts.
The motion is 31 pages and I haven’t read the whole thing.
The Murtha/Winter connection is footnote #7 on page 6. Murtha’s involvement starts on page 8.
Stand back! Give her room! You’re HOT today, Justie!
Sorry, I didn’t realize you were being sarcastic, I only meant they were included in the motion.
Yes, stake, it was lunch time.....;^)
He'd never accept that. He wants Infantry - Recon Force, of course. I'm more afraid of Americans than I am the rest of the socialists/communists/jihadists/drug dealers in the balance of the world. Those guys are just dangerous. Americans are lethal.
Got it! Found it!
Will download and print out......
Thank you very much..
In my first reading of the Post, I missed entirely the “link” to the motion....
Again, thank you very much..
This has been a cheering revelation...
I look forward to the day Murtha is destroyed for his despicable betrayal.
Yes, save the Happy Dance. Hope it won't be much longer!
Hmmmmm, ya think? That is not what I had in mind in the least! My thoughts were surrounding al-Murthawi, Reid, Pelousy, Turban Durbin, J Eff'n...heck all the rats, save Lieberman. As well as a number of CIA, FBI and State officials.
But, you may be on to something.
LOL! I’m HOT everyday!!! All the more reason to stay off FR, lest I get banned. ;*)
It was thrilling to learn that Murtha’s comments WERE included in the motion, and wouldn't have found it if you hadn't pointed me to the motion.......the link to which wasn't noticed while reading the article..
I am TRULY relieved at the way things appear to be headed.
My wish is to live long enough to see Murtha destroyed - literally. Also - thanks for providing links on your profile page to assist in the legal defense of the remaining Marines under threat of prosecution....
My sainted wife and financial minister will address the need.
My prayers continue for the Chessani family.
Just where do these men go to get their reputations back?
mrs
It could very well be. We’ll see how the prosecutors respond. So far the judges have given the prosecutors pretty wide leeway but this may prove fatal.
That’s good, glad I misread it.
This is very good news and I think it’s going to be difficult for the prosecution with them having the burden of proof to show it’s not present.
You’re definitely not alone in wanting to see Murtha completely destroyed, there’s a bunch of us here that want it. I think about it often and really hope it will be soon.
Don’t I know it! It’s like steak without sizzle when you’re not around.
There is a minuscule number of anti-American haters out roaming our streets. They are united and loud. Only they get coverage from the despised enemedia.
Prime example:
March 17, 2007 in Washington, DC there was an anti-war protest and march to the Pentagon. The American people were treated to the coverage of those cretins tauting numbers of 5, 10 and even 100,000. The fact of the matter was they were lucky to have had 3-5,000 according to a WaCOMpost photographer that was on the scene to cover the event. He was ordered to crop pics to make it look like more were in attendance.
Meanwhile, said photographer told the reporter he was assigned to to turn around and look at the 30-40,000 behind them holding a Support Our Troops and Their Mission Rally. He was told to ignore the crowd of supporters and shoot the event they were there to cover. Not one "news" outlet reported the massive Support rally.
Americans love and support our troops! Your son will be added to my prayers. Please thank him for his service to our country and thank you for raising such a man!
You got that right! I just sent HIS OPPONENT a couple of bucks yesterday.
Ahhhhh, tanks Red!
I’m going to send him some too after June 1. Hope he’s getting a team together, haven’t seen anything in the local rags about him lately.
It’s not just what Col Ewers testified to on the record. Wouldn’t also be all those unknown things he said to convening generals behind closed doors in 25 separate meetings.
The last item to be disposed of, that “(3) the unlawful command influence will not affect the proceedings” seems the easiest to manipulate. (Sorry for looking on the gloomy side, but I simply don’t trust these people.)
I still think there’s the appearance of a conflict of interest between DoD releases and Chessani’s right to a fair trial.
>You got that right! I just sent HIS OPPONENT a couple of bucks yesterday<
Thanks, JAN. I just sent him $25.00, too.
You don't expect that sort of standard of behavior with colonels, of course, but, then they aren't generals are they.
Still, there's the Benedict Arnold tradition and we've had some of that over the centuries. Plus, there's lots of money loose around there. Saddam's daughter and her lackeys could easily bribe anyone to do or say anything ~ even one of our generals.
The first criticism out of the chute is going to be "You are attempting to denigrate the honor of our troops", and all I can say is that sometimes there's a bad apple ~ otherwise how would Obama or Clinton get retired military advisors, or General Clark?
Now is not a time to be niggardly in the use of thought processes to figure out who it was got manipulated into prosecuting these guys, and why.
Does this mean anything to Frank Wuterich?
Yes! Outstanding!
I was looking to assist in the defeat of j Eff'n, but the only challenger I've found is THIS GUY.
The best thing I can say about him with very little research is; He is not j Eff'n. Heck of a theme the republicans have going this year..."But our guy is not their guy"
Like I said, you may be on to something, it was just not what I was thinking when I wrote the post you responded to.
He's lost the 35 pounds they made him gain to play football in three months’ time, he passed his ASVAB and studied so hard (it was like passing a brick to get him to study for his SATs), he is up at the crack of dawn, works 40 hours a week, attends college full-time and is running, doing his pull-ups and crunches like he's up for MVP. Nothing has had the alure this has for him, not even when his name was tossed in the hat for Notre Dame. Go figure.
Thanks for your prayers. I know I'll be wearing out my kneecaps once he deploys.
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