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This just received. It helps fill in the gaps for Day Nine above.

Marine Combat Commanders Give Dramatic Testimony In Support of Lt. Colonel Chessani During Haditha Hearing

ANN ARBOR, MI Â– Perhaps the most dramatic point in the Article 32 Hearing of Lieutenant Colonel Chessani ─ overlooked by the media ─ was the testimony of LtCol David Furness who declared that if the Marine Corps is going to second-guess its combat leaders by sending them to criminal trials, then this is not an organization he wants to be a part of.

Furness, who had four combat tours in Iraq, two as a battalion commander and two as a senior staff officer, testified that under the circumstances as they existed in Iraq in 2005, the decisions that LtCol Chessani made were appropriate. LtCol Furness provided a refreshing dose of reality to the proceedings, putting LtCol ChessaniÂ’s actions and decisions in the appropriate context of combat. He warned the Investigating Officer that this case could have a long-lasting detrimental effect on future battalion commanders.

In addition to LtCol Furness, LtCol Jeff Kenney, one of the most respected combat veterans in the Marine Corps gave powerful testimony in favor of Chessani as did Major General Johnson in command of the Multi-National Forces West.

Kenney, a combat veteran with 32 years of service in the Marine CorpsÂ—twelve as an enlisted Marine and twenty as an officerÂ—testified about his experience in Iraq. In 2005-2006, he was assigned as an advisor to the Iraqi forces that were supporting U.S. troops in the region, including those that supported LtCol ChessaniÂ’s battalion. As part of his duties, LtCol Kenney often toured Haditha, providing him an opportunity to observe LtCol Chessani first hand.

Based on his observations, he testified that LtCol Chessani was a focused commander who led his Marines from the front, often placing himself in personal peril by doing so. He testified that LtCol Chessani and his Marines were respected by the local civilians and that they were having tremendous operational success in a very difficult area of operations. LtCol Kenney also provided unique insight with regard to insurgent tactics, specifically including the insurgentsÂ’ use of IEDÂ’s (roadside bombs) to initiate complex attacks from residential areas.

LtCol Kenney spoke from personal experienceÂ—his tour in Iraq ended abruptly when his vehicle was hit by an IED containing three 155mm artillery shells and other explosives. LtCol Kenney received near fatal wounds and was awarded the Purple Heart. It was a miracle that he survived the tremendous blast; his companions were not so fortunate.

The sworn testimony of Major General Johnson was introduced to show that he was most concerned about the coordinated attack the enemy was able to perpetrate.

Said Johnson, Â“I guess maybe if I was sitting here at Quantico and heard that 15 civilians were killed, I would have been surprised and shocked and goneÂ—done more to look into it. But at that point in time, I felt that that wasÂ—had been, for whatever reason, part of that engagement and felt that it was just a cost of doing business on that particular engagement.Â”

Major General Johnson went on to say, Â“I think that the way this is laid out is that the impression that we were dealing with is that these folks were hit as a result of this coordinated attack that occurred there in Haditha, in that particular incident. That it was reported and that while it is regrettable, I think it was probably considered that at that time an element of the circumstances; and that our thought process would have been that, hey, if the enemy hadnÂ’t done it, those people wouldnÂ’t have got killed.Â”

Several other witnesses testified that LtCol Chessani was not derelict in his duties and appropriately reported the events of November 19, 2005 regarding the Battle of Haditha to his chain of command. There were also a great many witnesses that testified as to LtCol ChessaniÂ’s good military character and honesty.

The most universal tribute to LtCol Chessani from these character witnesses was that he is a godly, Christian man, with great moral and physical courage.

Thomas More Law Center attorney Rob Muise delivered a powerful and impassioned closing argument on behalf of LtCol Chessani. Afterwards, Muise explained, Â“I wanted to focus the Investigating officerÂ’s attention on the context of November 19, 2005. Decisions are not made in a vacuum. LtCol ChessaniÂ’s battalion had intelligence that told them they were going to be attacked by foreign fighters a couple days before they were actually attacked on November 19th. When they were attacked on November 19th, LtCol Chessani was not surprised. He had to marshal his forces to repulse a brutal enemy that uses women and children as cover and concealment in order to attack and kill Marines.Â”

Muise also focused on the fact that there were in fact many terrorists in the town that were observed by unmanned aircraft above. There were several engagements that day that were initiated by an IED that killed a Marine and wounded two others. Throughout the day, LtCol Chessani coordinated counterattacks and evacuation of woundedÂ—friend and foe a like. Follow-on intelligence confirmed that the November 19, 2005 attack was the complex attack that LtCol Chessani expected.

Brian Rooney, a Thomas More Law Center attorney also involved in the Hearing, observed, Â“Rob demonstrated that every level of LtCol ChessaniÂ’s chain of command was kept informed of what happened that day and how it happenedÂ—including the tragic deaths of civilians that the terrorist used as human shields. That same day, Regimental commanding officer Colonel Stephen Davis, Division commanding General Richard Huck, and even General Casey knew that women and children had been killed as a result of terrorist activities in Haditha.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center who observed several days of the Hearing commented, Â“Rob and Brian did an outstanding job defending LtCol Chessani. They spent over two weeks at the Camp Pendleton Hearing and were able to shed much needed light and clarity on this misguided prosecution.Â”

The Investigating Officer will have at least two weeks to write his report to Lieutenant General James Mattis recommending what action should be taken. General Mattis is not bound by this recommendation, but it would be highly unusual if he did not follow it. LtCol Chessani could face a general courts-martial as a result of this Article 32. A general court-martial carries with it the possibility of 3 years in jail and a dishonorable discharge.