Loss for Government As BOI Rules LtCol Chessani Not Guilty of Misconduct

Thomas More Law Center ^ | December 14, 2009 | e-mail

[Gene Eric]

Loss for Government As Board of Inquiry Rules LtCol Chessani Not Guilty of Misconduct

December 14, 2009

ANN ARBOR, MI – Late last Friday afternoon (Eastern Standard Time), after three hours of deliberation, the military Board of Inquiry ruled LtCol Chessani was not guilty of misconduct and should not be demoted. 

Nevertheless, the Board’s ruling produced a mixed result.  It ruled Chessani must now retire because he displayed “substandard performance” by failing to conduct a more detailed investigation of the civilians killed as a result of the house clearing actions of four Marines after they were ambushed in Haditha, Iraq on November 19, 2005.

The Board’s decision came after a 1½ hour impassioned closing argument on behalf of LtCol Chessani made by Thomas More Law Center attorney Robert Muise.  Muise argued Chessani was a scapegoat to appease the anti-war media and anti-war politician John Murtha.  “Here’s your scapegoat.  Here’s your fall guy, ” said Muise as he pointed at Chessani, who sat silently at the defense table. 

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “It’s indicative of the weakness of the government’s case that it could not prove misconduct at the Board hearing where the normal rules of evidence didn’t apply and the burden of proof was lessened.  We are all greatly relieved that the Board ruled LtCol Chessani was not guilty of misconduct and should not be demoted, However, I believe the overwhelming evidence supported a total and complete exoneration of LtCol Chessani.”

Not one of LtCol Chessni’s superiors ─ including top generals ─ who received his report of dead civilians considered such deaths unusual.  Not one ordered a further investigation.  Instead, they commended him for a job well done.  In fact, LtCol Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action - consistent with the orders in effect at the time: no investigation of civilian deaths related to combat action.  That order was changed in April, 2006, well after the Haditha incident.

LtCol Chessani’s commanding general, Major General Huck, reported up the chain of command, “I support our account and do not see the necessity for further investigation.”  This same commanding General was allowed to retire without going to a Board of Inquiry, and he was allowed to retire as a Major General.

Consequently, not one of LtCol Chessani’s superiors faced, nor will they ever face, a court-martial or a Board of Inquiry for their actions in relation to November 19, 2005. 

Of the eight Marines initially charged in the incident, six Marines, including Chessani, had criminal charges dismissed and one was acquitted.  Only one Marine still faces criminal charges.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission 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.

Link to Board of Inquiry Order
http://www.thomasmore.org/downloads/sb_thomasmore/ChessaniBOIAugust2009.pdf

[Gene Eric]

Unfortunately, we seem to live in a day where the goverment's loss is a win for Liberty.

[Gene Eric]

TMLC’s release on Friday’s news.

[Gene Eric]

FYI

[Jet Jaguar]

Ping.

[OldMissileer]

It is a shame that to cover their butts the BOI and other powers that be make him retire when he is a better man, and Officer, than all of them combined.

[jazusamo]

We are all greatly relieved that the Board ruled LtCol Chessani was not guilty of misconduct and should not be demoted, However, I believe the overwhelming evidence supported a total and complete exoneration of LtCol Chessani.”

I believe all of us here believe LtCol Chessani was completely exonerated.

Thanks for the post and ping, Gene.

HADITHA MARINE PING!

[rstrahan]

As soon as he was charged, his career was over. The only thing was the outcome of the various charges and whether he would be discharged, imprisoned, or would be forced to retire. He got the best he could out of a government witch-hunt. This really does not improve morale among the troops.

[jazusamo]

Yes, you’re correct on all points. It’s a sad state of affairs when this happens in the finest military in the world, it makes it more difficult for every man and woman service wide.

[LS]

Well, probably as good as we’re gonna get with the old “Haditha” holdovers. Congrats, Lt. Col.

[LS]

Is this finally the end of this?

[jazusamo]

SSgt Frank Wuterich is still waiting on his courts-martial. His attorneys are going to file to dismiss charges due to unlawful command influence if they haven’t already done so. It’s anyones guess when his CM will begin if in fact it does.

[LS]

That’s right. He’s been fighting this so long I forgot about him, shame on me.

[Lancey Howard]

Yes, Chessani was fully exonerated. That dirty bone the panel threw to the prosecutors (claiming Chessani’s report should have read like a Tolstoy novel but didn’t) is utterly meaningless, except insofar as it drew embarrassing, eyerolling attention to the officers on the panel. Congratulations to LtCol Chessani and the Thomas More Law Center.

[xzins]

Yes, Chessani was fully exonerated. That dirty bone the panel threw to the prosecutors (claiming Chessani’s report should have read like a Tolstoy novel but didn’t) is utterly meaningless, except insofar as it drew embarrassing, eyerolling attention to the officers on the panel.

What a great summary!

[freema]

Thanks for the ping.

Link to Board of Inquiry Order
http://www.thomasmore.org/downloads/sb_thomasmore/ChessaniBOIAugust2009.pdf

Such unmitigated bullshit.

[the anti-mahdi]

after they were ambushed in Haditha, Iraq...
after they were ambushed in Haditha, Iraq...
after they were ambushed in Haditha, Iraq...

Do these clowns need a crayon drawing?

I hate senior military brass—c***suckers all—oh, I am a reired O-4. I know of that which I speak.

[stylin19a]

I can't believe they're forcing LtCol Chessani to retire.
So much for “Semper Fi”

Let's not forget Huck, Davis and Sokoloski received letters of censure.

Semper Fi

[Marine_Uncle]

As you both indicate. It was such a small win. They leave this Marine hanging. Will he ever be able to rise in rank as he should have by all indications. Probably not. They ruined one hell of a good Marine.

[Marine_Uncle]

"Such unmitigated bullshit."
Ditto time...

[Joe Boucher]

Are they all just running around trying to look busy and covering therir ases watching the clock waiting for retirement time?