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Allegations of NCIS Misconduct in Haditha Case: Investigation Demanded [Press Release]
Thomas More Law Center ^ | April 24, 2007

Posted on 04/24/2007 8:31:32 AM PDT by RedRover

ANN ARBOR, MI – The Thomas More Law Center today announced that it will request the Secretary of Navy to investigate allegations of improper and unconstitutional interrogation methods employed by Naval Criminal Investigative Service (NCIS) agents against Marine witnesses. Law Center attorneys obtained the information during interviews of several key Haditha witnesses.

The Thomas More Law Center, a Christian legal advocacy group based in Ann Arbor, Michigan, is representing Marine Lieutenant Colonel Jeffrey Chessani, who is charged with failing to investigate and report 15 Iraqi civilian deaths in connection with a Marine response to a terrorist ambush that occurred in Haditha, Iraq on November 19, 2005.

Richard Thompson, President and Chief Counsel of the Law Center, commented, "There are disturbing reports that American servicemen were treated like POWs by their own government. In fact, more concern has been shown toward the treatment of Iraqi prisoners than towards our Marines. An investigation of these allegations is in order."

According to Marine witnesses, in some cases interrogations lasted up to 18 hours. During prolonged questioning sessions, Marines were not allowed to eat, drink, or use the bathroom. In some cases, Marines were kept in segregated rooms of an old Iraqi dam that were damp, dark, and "dungeon like." These interrogation sessions occurred while the Marines were still involved in combat operations in Haditha, a hostile insurgent city.

Many witnesses reported that the questioning was accusatorial, confrontational, and at times insulting. One officer stated that agents yelled and threw things at him during his questioning. Witnesses believed that the agents had already concluded that there was wrongdoing and were not interested in information that would tend to exonerate the Marines. One witness stated that it was his perception that the NCIS agents had an agenda—they were going after the officers in the battalion.

Witness interviews revealed that Marines in Iraq raised concerns about the NCIS interrogation techniques immediately upon receiving reports from the Marines who were questioned. One senior officer from the battalion stated that when he brought these allegations to the attention of the senior NCIS agent in Iraq at the time, the agent "blew him off completely."

Recent news stories corroborate the allegations of mistreatment on the part of NCIS agents. According to a North County Times article, in some cases NCIS agents refused to provide attorneys for suspects who asked for them. The article reported that "[s]ome of the interrogations that took place in Iraq before the regiment returned to Camp Pendleton in April took place over as long as 12 hours . . . and the suspects were not allowed to take bathroom breaks. Instead, they were given bottles to use to relieve themselves." The article noted that "[t]he treatment of the suspects was so bad that at least two officers who were not a direct part of the investigation complained to their superiors."

These latest revelations add to the increasing difficulties facing prosecutors. From the beginning, the case has been fraught with legal problems and inappropriate pre-trial publicity, which has prejudiced the ability of the charged Marines to obtain a fair trial. In fact, Air Force Lt. General Thomas McInerney, a 35-year veteran of the Air Force and former Joint Force Commander, has already publicly stated that all charges against the Marines should be dismissed because the Marines could not get a fair trial as a result of undue command influence. McInerney was referring to the outrageous statements of Pennsylvania Congressman John Murtha—statements that were made before the investigation even concluded. Murtha declared that the Marines had committed "cold-blooded" murder of civilians in Haditha on November 19, 2005 and that the officers were covering it up.

Thompson concluded, "This entire investigation has been nothing but a political witchhunt instigated by insurgent propaganda operatives, anti-war media, and anti-war politicians. The government has spared no expense seeking to find wrongdoing on the part of our hard-fighting Marines. They should spend like resources investigating these serious allegations of investigatory misconduct. Our servicemen deserve as much."

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, 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.


TOPICS: Military/Veterans
KEYWORDS: defendourmarines; haditha; iraq; wot
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Some related threads:

* March 11: An Honest Investigation Would Have Cleared Lieutenant Pantano in Iraq

* February 7: Gen. Tom McInerney: Haditha Defendants' Rights Violated

* February 6: NCIS must record interviews [Hamdania and Haditha Marines]

* January 31: Attorney: Accused Camp Pendleton Marine didn't get fair hearing [Hamdania-Related]

1 posted on 04/24/2007 8:31:33 AM PDT by RedRover
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To: 4woodenboats; aculeus; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ...

2 posted on 04/24/2007 8:36:19 AM PDT by RedRover (Defend Our Marines)
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To: RedRover; Just A Nobody
..."There are disturbing reports that American servicemen were treated like POWs by their own government...

No, they were treated much worse!

3 posted on 04/24/2007 8:37:34 AM PDT by BufordP (Had Mexicans flown planes into the World Trade Center, Jorge Bush would have surrendered.)
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To: RedRover

This case is falling apart faster than Hilary’s last facelift. Murda tried to make it into Me Lie and couldn’t find any other liars.

Pray for W and Our Marines


4 posted on 04/24/2007 8:40:31 AM PDT by bray (The Surge is Working against both Enemies of America)
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To: RaceBannon

Race, I forwarded this to flightline.


5 posted on 04/24/2007 8:41:38 AM PDT by RedRover (Defend Our Marines)
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To: RedRover; 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; A.A. Cunningham; ASOC; AirForceBrat23; ...
WoooooooooooooHOOOOOOOOOOOOOOOOOOOO!

6 posted on 04/24/2007 8:52:55 AM PDT by freema (Marine FRiend, 1stCuz2xRemoved, Mom, Aunt, Sister, Friend, Wife, Daughter, Niece)
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To: RedRover
Marines were not allowed to eat, drink, or use the bathroom. In some cases, Marines were kept in segregated rooms of an old Iraqi dam that were damp, dark, and "dungeon like."

I can't get over it.

7 posted on 04/24/2007 9:00:45 AM PDT by lilycicero (SSgt Wuterich and his squad don't make deals.)
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To: RedRover
"There are disturbing reports that American servicemen were treated like POWs by their own government. In fact, more concern has been shown toward the treatment of Iraqi prisoners than towards our Marines. An investigation of these allegations is in order."

An investigation of these allegations is imperative.

8 posted on 04/24/2007 9:01:12 AM PDT by Lancey Howard
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To: freema

Thought this would get you out of the dumps!


9 posted on 04/24/2007 9:20:08 AM PDT by RedRover (Defend Our Marines)
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To: RedRover

“Thompson concluded, “This entire investigation has been nothing but a political witchhunt instigated by insurgent propaganda operatives, anti-war media, and anti-war politicians.”

**************
Truer words have never been written. We can also thank the semi-fake vets of Iraq Vets Against the War for chipping in their moral indignation at the Marines involved in the Haditha incident.


10 posted on 04/24/2007 9:20:23 AM PDT by Chickenhawk Warmonger (Al & Jesse - The Duke LaCrosse Team Is Waiting for Your Mea Culpa...)
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To: RedRover
According to Marine witnesses, in some cases interrogations lasted up to 18 hours. During prolonged questioning sessions, Marines were not allowed to eat, drink, or use the bathroom. In some cases, Marines were kept in segregated rooms of an old Iraqi dam that were damp, dark, and "dungeon like."

Not illegal. Happens all the time, even in civilian courts.

Many witnesses reported that the questioning was accusatorial, confrontational, and at times insulting. One officer stated that agents yelled and threw things at him during his questioning.

Interrogations are like that.

This is a piece designed to whip up hysteria. There's not much substance there. Legally, the Haditha Marines' best defense is lack of specific intent to commit any unlawful acts, but that they acted reasonably and consistently with their training. These ancillary issues are mere distractions.

11 posted on 04/24/2007 9:24:33 AM PDT by jude24 (Seen in Beijing: "Shangri-La is in you mind, but your Buffalo is not.")
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To: jude24

...”Interrogations are like that. “

Jude24, do you seriously think NCIS interrrogated the possible Iraqi witnesses like this? From some of the articles I read, Iraqis seemed quite pleased by all the attention that NCIS gave to them and the “investigation”.

...”This is a piece designed to whip up hysteria. There’s not much substance there. “...

You mean like calling our Marines Cold-Blooded Murderers?


12 posted on 04/24/2007 9:32:43 AM PDT by Girlene
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To: All; RedRover
These Marines need funds for their defense.

If you would like to help with the civilian lawyer’s legal fees for the
Haditha Marines you can do so by going to these sites.

Defend Our Marines

Lance Cpl. Justin Sharratt

SSgt. Frank Wuterich

Lt. Col. Jeffrey Chessani

Marine Defense Fund


Photo Sharing and Video Hosting at Photobucket

13 posted on 04/24/2007 9:36:39 AM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: Girlene; RedRover
Jude24, do you seriously think NCIS interrrogated the possible Iraqi witnesses like this?

I don't think the NCIS considered the Iraqi witnesses suspects, and so would have no need for an interrogation. They would need to interview their witness, but wouldn't need to resort to tactics to get an answer out of them.

Interrogations never are pleasant experiences. This is universal, whether they are performed by the local police officer or the NCIS.

You mean like calling our Marines Cold-Blooded Murderers?

Fundamentally, that's irrelevant to the case. It might be relevant if you can demonstrate unlawful command influence (but that will be tricky!). The only purpose that this press release exists, however, is to stir up outrage that the Marines were interrogated.

This article is Exhibit A why I would never, ever allow the Thomas More Law Center to defend me if my neck were on the line. There are other defense attorneys, military and civilian, who are involved in this whole mess that are acting far more responsibly. These guys are expending far too much energy, time, and resources on a dubious piece of PR.

14 posted on 04/24/2007 9:49:56 AM PDT by jude24 (Seen in Beijing: "Shangri-La is in you mind, but your Buffalo is not.")
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To: jude24
Some Haditha Marines gave conflicting statements to investigators. I believe (though I don't know for certain) that Lt. Col. Chessani's lawyers are laying the groundwork to attack that testimony as coerced.

Granted, a more evident case could be built against NCIS misconduct in the Hamdania investigation. Now that Alan Dershowitz is involved with Hamdania, that may happen.

Alleged NCIS misconduct should be as troubling to JAGs as anyone, of course. Shoddy or improper police work can undermine a case.

BTW, this is the thread I hoped you join: Bastards and Men of Honor [FReeper comments needed]

15 posted on 04/24/2007 9:52:25 AM PDT by RedRover (Defend Our Marines)
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To: Chickenhawk Warmonger
Hey, Chick! Will you be writing about the IVAW and Haditha soon?

An historical note. John Kerry's Winter Soldier buddies (back in the day when you still just a gleam in Pa Warmonger's eye) supported clemency for Lt. Calley on the basis that the true guilty parties were never punished.

16 posted on 04/24/2007 10:01:27 AM PDT by RedRover (Defend Our Marines)
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To: jude24; Girlene

Girl, I think our friend jude is an Honorable Man.


17 posted on 04/24/2007 10:09:17 AM PDT by RedRover (Defend Our Marines)
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To: RedRover
and report 15 Iraqi civilian deaths

I see we are back to the magical number15!

18 posted on 04/24/2007 10:13:46 AM PDT by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: jude24; RedRover
These ancillary issues are mere distractions.

I don't really agree with that.

These issues could cause the case to get dismissed. When a joint force commanding general claims there was extreme command influence and the case should be dismissed because the troops can't get a fair trial, that is more than mere distraction. It is part of an all out media war with the intent of getting the case dropped ahead of time.

It is not a distraction when one is asked for a lawyer and the lawyer is not provided. The issue, of course, is proving that. NCIS is not required to tape their sessions as the other military services do. Actually, though, that will give the benefit of the doubt to the defendants, I'd think.

And finally, if it is provable that accused were not permitted to relieve themselves, then that is a serious charge in the information campaign to free these men.

19 posted on 04/24/2007 10:14:36 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: Just A Nobody

And 15 human shield civilian plus 9 insurgents equals 24 Iraqis. Not 24 “innocent civilians”.


20 posted on 04/24/2007 10:23:56 AM PDT by RedRover (Defend Our Marines)
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