TMLC: LtCol Jeffrey Chessani Board of Inquiry Starts Tomorrow

Thomas More Law Center ^ | December 1, 2009 | no annotation

[Gene Eric]

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ANN ARBOR, MI – Four years after the so-called “Haditha Massacre, ” a massacre the government now knows never happened, the final chapter in the tragic persecution of LtCol Jeffrey Chessani, USMC, will begin when he faces a Board of Inquiry (BOI) starting on Wednesday, December 2, 2009 at 9 AM in a military courtroom located at the Marine base at Camp Pendleton, California. 

LtCol Chessani served his nation for over 20 years, including three combat tours in Iraq as well as duty in the first Persian Gulf war.  He is one of America’s finest combat commanders.  His official fitness report, which covered the date of the Haditha incident, characterized him as a superb leader who demonstrated moral courage with unlimited potential and value to the Marine Corps.

The three-person Board of Inquiry consists of a one-star general and two colonels, all of whom were selected by the Convening Authority, Marine LtGen George Flynn.  The three officers will determine whether LtCol Chessani engaged in any “misconduct” related to the Haditha incident.

The misconduct charges against LtCol Chessani stem from a fierce house-to-house, room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha, Iraq on November 19, 2005.  Along with several insurgents, 15 civilians also died. 

LtCol Chessani is the highest ranking officer targeted by the investigation of the Haditha incident that was conducted by over 65 NCIS agents (Naval Criminal Investigative Service) ─ the largest investigation in that agency’s history ─ with the expenditure of millions of taxpayer dollars. 

Nonetheless, government prosecutors lost at every stage of the criminal process.  Even though the government decided give up on a criminal prosecution of LtCol Chessani, as the last chance to punish him, it ordered a Board of Inquiry to determine whether he was guilty of misconduct.

Lawyers from the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed up with detailed military defense attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC to defend LtCol Chessani throughout the criminal process. The Law Center attorneys assigned to the case are Robert Muise and Brian Rooney, both former Marine officers.

Because a Board of Inquiry is an administrative hearing, the normal rules of evidence do not apply.  The Board can consider material without the benefit of a cross examination; they can consider the tainted record of the Article 32 Hearing over the objections of LtCol Chessani’s defense team; LtCol Chessani cannot subpoena witnesses—he can only request them; and the government need only prove misconduct by a preponderance of the evidence (50.1%) rather than beyond a reasonable doubt as required in a criminal proceeding.

On December 2, 2009, both sides will make opening statements and provide Board members with documentary material they want the Board to review.  It is anticipated the Board will receive thousands of pages of material.  In order to have an opportunity to review all the submitted material, the Board will adjourn until December 7th.

Beginning on December 7th, the government, and then LtCol Chessani, through their respective attorneys, will present live witness testimony.  There could be as many as 40 witnesses called to testify.  This portion of the BOI should last through the entire week and perhaps longer.  After all evidence and testimony have been presented, both sides will make closing arguments.

The Board members will then deliberate and render their decision as to whether or not they find misconduct.  If the board finds no misconduct, the case will finally be closed. 

However, if the board finds misconduct they will then make a recommendation as to whether LtCol Chessani should be allowed to retire at his present rank or reduced to major.  This is only a recommendation.  The final decision as to retirement grade rests with the Secretary of the Navy.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “I’m outraged at the obvious double standard the government used as it gave Army Major Nidal Hasson every benefit of the doubt because of political correctness.  Yet, it they had no problem in persecuting this loyal Marine officer because he refused to throw his men under the bus to appease an anti-war politician and the Iraqi government. Any finding of misconduct handed down by the Board of inquiry would be a miscarriage of justice because LtCol Chessani did nothing wrong.”

[Gene Eric]

Prayers

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[Gene Eric]

Could you ring the Haditha ping list? Thanks.

[jazusamo]

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “I’m outraged.....Any finding of misconduct handed down by the Board of inquiry would be a miscarriage of justice because LtCol Chessani did nothing wrong.”

Amen to that!.

HADITHA MARINE PING!

[PubliusMM]

Out thoughts and prayers go out to LtCol Chessani. He has been railroaded by the very government he serves, in the very nation he swore to protect. The unconscionable, despicable double standard that is now apparent in this case versus the handling of a rabid jihadi Army psychiatrist is truly sickening.

It’s time to take back the country.

[Marine_Uncle]

Let us prayerfully hope for the sake of this LtCol who did nothing wrong, that he will face three honorable men, who will see where he should continue his career path (if it can still exists) in the Marine Corps..

[Gene Eric]

Thanks

[Gene Eric]

>> versus the handling of a rabid jihadi Army psychiatrist is truly sickening.

Never connected the two issues in my mind. But, you make an excellent point!!!

[pissant]

Prayers up!!!

[Semper Fi Mom]

As always, prayers up.

[bigheadfred]

Prayers Up!

[smoothsailing]

Thanks, Jaz. Hopefully, the 1-star and 2 colonels on the BOI will see this for what it is, and find no misconduct on the part of Chessani.

It would be even better if they took it one step further and strongly admonished LtGen Flynn for convening this BOI in the first place. It won’t happen, but it should.

[jazusamo]

Yep, if the three are combat officers they should see this for what it is and find no misconduct.

I’m sure you’re right about LtGen Flynn not being admonished but like you say, he should be. Tho I hesitate to even think it because he is a Marine flag officer, he may have gotten the word from someone on it.

[jazusamo]

Here's a new piece from WND, happy to see they jabbed Murtha.

Marine faces final hurdle in Haditha case

[smoothsailing]

I’m sure you’re right about LtGen Flynn not being admonished but like you say, he should be. Tho I hesitate to even think it because he is a Marine flag officer, he may have gotten the word from someone on it.

Conway?

From Bob Weimann's assessment...

Part of the bad news for Jeff Chessani is that each time one general passes this case to the next, they not only distance themselves from the responsibility but also extend the time line. Some people might accuse General Conway of trying to win this case by attrition. The attrition part takes the form of an oppressive stress and falls on Jeff Chessani’s shoulders and his family.

The Navy-Marine Corps Court of Criminal Appeals released its unanimous three-judge decision, upholding the dismissal of charges on the grounds of unlawful command influence, in March 2009. General Conway passed the final decision to LtGeneral Flynn on June 16, 2009. It took six weeks (June 16 to August 27) for LtGeneral Flynn to initiate the Board of Inquiry.

I hate to say it, but the longer this has gone on, the more generals have gotten their boots dirty trying to figure out a way to stick it to Chessani. Who's pulling their strings, who has that much power, that it would intimidate these flag officers? It's not hard for me to guess.

[Gene Eric]

I hope and pray common sense prevails.

[jazusamo]

I hear what you’re saying.

I just checked and it looks like SECNAV Mabus was sworn in 6-18-09.

After him going after the three Marines and one Corpsman to throw them out of the service a couple years after their court’s-martials and them having served additional tours in the war zone I wouldn’t put anything past him. Flynn’s decision for the BOI wasn’t made until 8-28-09.

Only guesswork on my part but possible, I guess.

[smoothsailing]

I was actually thinking of Murtha, but speaking of Mabus, I ran across this...

http://rightofmississippi.wordpress.com/2008/10/27/ray-mabus-and-the-haitian-dictator/

[jazusamo]

I sure wasn’t trying to eliminate Murtha, he’s undoubtedly part of it. I’d bet Murtha and Mabus have known one another for a good time and it sounds like Mabus is a died in the wool Dem.

I wonder if Murtha could have had anything to do with Mabus being picked for the job, Murtha being a military expert and all, barf!

[smoothsailing]

Could be. But from what I read Mabus was an early Obama supporter back last year in the primaries when Murtha was still supporting Hillary.

Being from a “racist” “redneck” district and all, Murtha probably doesn’t like Obama much! LOL!

G’Night, pal! :o)

[jazusamo]

LOL! You’re probably right.

Talk atcha tomorrow. :-)