Case against Marine blamed on Murtha politics [Lt. Col. Jeffrey Chessani / Haditha]

A Marine commander from Colorado who survived an ambush firefight in Haditha, Al Anbar, Iraq, against terrorists, but then got caught in John Murtha's firefight of words as the anti-war congressman tried to capitalize on allegations about the situation, will fight military charges of dereliction of duty and failing to follow orders.

Officials with the Thomas More Law Center of Ann Arbor, Mich., say the charges against a number of Marines, including their client Lt. Col. Jeffrey Chessani, resulted after Time magazine "misreported" circumstances about the battle in the war on terror that pitted U.S. Marines against Iraqi and foreign terrorists on Nov. 19, 2005.

The situation got even worse, officials with the Law Center said, when Congressman John Murtha, an outspoken anti-war critic and chairman of the House military appropriations subcommittee, publicly accused four Marines of being "cold-blooded murderers" and high-ranking officers of "covering it up." "The astounding and unprecedented public accusations of 'murder' and 'cover-up' by Congressman Murtha, which he claimed were based on his conversation with senior military officials, taints the entire process," said Richard Thompson, president and chief counsel for the Law Center.

He noted that although Murtha has been questioned, he has thus far refused to provide the basis for his public accusations or reveal the names of the senior military officials from whom he claimed he got his information.

Haditha, which had been known as "an insurgent citadel," became headline material in the United States when a Marine convoy was ambushed by a road-side bomb and small arms fire from nearby houses. The bomb killed one Marine in a Humvee and injured two more, and the resulting house-to-house battle between the outnumbered 4-man Marine "fire team" and the insurgents resulted in 24 Iraqi deaths, including 15 civilians.

Now the Law Center said the future of America rests on support for the military.

"The outcome of this case is vital to the security of our nation and to the military personnel we place in harm's way," Thompson said. "As tragic as these civilian deaths are, it's essential that we not shackle our combat commanders' ability to make decisions by placing them in fear of criminal prosecution every time there are civilian casualties as a result of combat action."

"Lt. Col. Chessani never retained an attorney during the year-long investigation leading up to these criminal charges and voluntarily answered all questions posed by investigators," Thompson said. "He knew he had done nothing wrong and trusted he would be cleared. Despite the charges against him, he still believes in that last line of the military Code of Conduct – 'I will trust in God and in the United States of America.'"

The Law Center said Chessani is described by fellow officers as a focused, hands-on commander who followed the Law of War and was sympathetic to the plight of innocent Iraqis. He is a committed Christian with a wife and five children, and has served his nation honorably for more than 19 years with tours of duty in Panama, the first Persian Gulf War and three tours in Iraq.

There was a three-month delay between the time when the Marines were attacked in Haditha and the investigation was launched, "and as a result of a grossly erroneous and inflammatory Time Magazine news lead, which military commanders in the field suspected was instigated by terrorist propaganda," the center said.

Then months before the investigation was finished, Murtha, who was an unindicted co-conspirator in the FBI's 1980 Abscam case of alleged Arab bribes of U.S. congressmen, launched his verbal attack on the Marines.

The gist of the charges against Chessani is that he failed to investigate properly and brief higher commanders on the attack, the Law Center said, and it will be defending him at an Article 32 hearing March 21 at Camp Pendleton, Calif.

If that hearing, the equivalent of a civilian preliminary hearing, would determine the case should move forward, he ultimately could face dismissal, loss of retirement and a prison term.

But lawyers said it is important to understand the context of Chessani's decisions. They said before the Nov. 19 attack, Marines had found evidence Haditha was a terrorist stronghold, and the terrorists were known for placing Improvised Explosive Devices near youth centers and schools so they could use any civilians killed in their propaganda. Just earlier that year, terrorists occupied the Haditha hospital to stage an ambush, and placed innocent civilians at the center of their attack plan.

In fact, Marines were fired on from nearby civilian homes, and Chessani's later report to his commanders concluded the terrorists chose the fight location, "knowing that they would endanger the lives of civilians." Handling the case will be Law Center attorneys Robert Muise and Brian Rooney. Muise is a Marine infantry officer veteran of the first Persian Gulf War and a former Judge Advocate.

Rooney is a Marine veteran of Operation Iraqi Freedom and a former Judge Advocate as well.

They will join the military detailed defense counsel team of Marine Reserve Lt. Col. Jon Shelburne, a law professor at Roger Willaims University School of Law, and Capt. Jeffery King, USMC, a defense counsel stationed at Camp Pendleton.

"Terrorists routinely use mosques, schools, hospitals, and civilian homes from which to launch attacks and hide," said Rooney. "We have always taught Marines to be aggressive and encouraged this aggression in order to help them survive and accomplish their mission."

"Through our defense of Lt. Col. Chessani, Marines on the ground will be assured that their valiant combat actions will not be turned into political fodder and talking points for politicians seeking headlines," said Muise.

"Unlike the anti-war media and politicians who have already convicted the Marines in print, Lt. Col. Chessani will be judged by his peers, many of whom are combat veterans and truly understand the situation in Iraq," Thompson said. "It is a system that we are confident will exonerate our client. We are not going to let a politician's agenda destroy a brave Marine's family, and career."

The center defends and promotes religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education and related activities.

Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado was among eight Marines charged in December with counts stemming from the Haditha ambush.

Also charged were Staff Sgt. Frank D. Wuterich; Sgt. Sanick P Dela Cruz; Lance Cpl. Justin Sharratt, 22; Lance Cpl. Stephen Tatum; 1st Lt. Andrew Grayson; Capt. Lucas McConnell and Capt. Randy Stone.

More information in this Thomas More Law Center News Alert...

Marine Commander Faces Politically Charged “Haditha” Prosecution; Thomas More Law Center Joins Defense Team

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, today announced that it will defend Marine Lieutenant Colonel Jeffrey Chessani, against military criminal charges of “Dereliction of Duty” and “Orders” violations.

The charges stem from the much politicized and often misreported (especially from Time magazine) tragic events surrounding a fierce battle between U.S. Marines and Iraqi and foreign terrorists on November 19, 2005 in the town of Haditha, Al Anbar, Iraq—a place described as “an insurgent citadel.”

At the time of the battle, Chessani was commander of Third Battalion, First Marines and responsible for approximately 2000 American and Iraqi forces. At about 7:15 in the morning of November 19, 2005, a squad of Chessani’s Marines was leading a convoy when it was ambushed by a road-side bomb and small arms fire from nearby houses. The bomb detonated under a Humvee, killing one Marine and injuring two others. An ensuing house-to-house battle between insurgents and an out-numbered 4-man Marine “fire team” resulted in the deaths of 24 Iraqis, including 15 civilians.

Richard Thompson, President and Chief Counsel for the Law Center, explained the decision to take the case. “The outcome of this case is vital to the security of our nation and to the military personnel we place in harms way. As tragic as these civilian deaths are, it’s essential that we not shackle our combat commanders’ ability to make decisions by placing them in fear of criminal prosecution every time there are civilian casualties as a result of combat action.”

Thompson further stated, “Lieutenant Colonel Chessani never retained an attorney during the year-long investigation leading up to these criminal charges and voluntarily answered all questions posed by investigators. He knew he had done nothing wrong and trusted he would be cleared. Despite the charges against him, he still believes in that last line of the military Code of Conduct—‘I will trust in God and in the United States of America.’”

Chessani is described by fellow officers as a focused, hands-on commander, a strict follower of the Law of War, and sympathetic to the plight of innocent Iraqi civilians. He is a committed Christian with a wife and five children. He has honorably served his nation for over nineteen years with tours of duty that included Panama, the first Persian Gulf War, and three combat tours in Iraq.

The decision to launch a criminal investigation of the November 19 incident was made three months after its occurrence and as a result of a grossly erroneous and inflammatory Time Magazine news lead, which military commanders in the field suspected was instigated by terrorist propaganda.

The suspicious nature of the process was reinforced when months before the investigation was completed, Congressman John Murtha, an outspoken anti-war critic and chairman of the House military appropriations subcommittee, publicly accused the four Marines of being “cold-blooded murderers” and high ranking officers of “covering it up.” Murtha is the same person caught on tape negotiating bribes with Arab Sheiks during the FBI’s 1980 Abscam investigation—he was an un-indicted coconspirator in that case.

“The astounding and unprecedented public accusations of ‘murder’ and ‘cover-up’ by Congressman Murtha, which he claimed were based on his conversation with senior military officials, taints the entire process,” stated Thompson. Although pressed by reporters, Congressman Murtha has thus far refused to provide the basis for his public accusations or reveal the names of the senior military officials from whom he claimed he received his information.

The gist of the charges against Chessani is that he failed to properly investigate and brief higher commanders on the November 19 incident.

However, fellow Marines of all ranks have supported the fact that under the circumstances, Chessani had properly briefed his superiors concerning the incident, including the civilian deaths, within hours. According to news stories, higher echelons were even monitoring the action as it was taking place through radio traffic and remote controlled aircraft. Yet, none of these higher echelon commanders saw the need for further investigation. Loss of civilian life was considered a tragic but not uncommon occurrence in a war against insurgents who purposely placed civilians in harms way.

The context of Chessani’s decisions and actions is significant:

·Prior to the November 19 attacks, Marines had uncovered evidence that the Haditha area was a terrorist stronghold. There were several improvised explosive device (IED) factories, numerous IEDs along anticipated routes, many large weapons caches, and a propaganda facility (reproduction and distribution) discovered in the area.

·The terrorists were known for their callous disregard for the civilian population. Many IEDs were discovered in close proximity to a youth center and neighborhood schools. Terrorists had previously fired mortars, machineguns, rockets and small arms fire at Marines from residential areas and from a multi-story school. These attacks happened in the same neighborhood where the November 19 ambush occurred.

·Earlier in the year, terrorists occupied the Haditha hospital to stage an ambush. These terrorist lured Marines into an ambush in the downtown area adjacent to the city market. It was evident that the terrorists’ tactics included placing innocent civilians at the center of the fighting and using their deaths as propaganda against the U.S. forces. This would be the plan for November 19, when the terrorists launched a pre-staged, well-orchestrated attack against the Marines.

·The initial 7:15 a.m. attack on the Marine convoy was the triggering event for several other attacks to occur against Marines throughout Haditha that day. The terrorists knew that once the bomb went off, Marine reinforcements would be on the way to assist, providing additional targets for the terrorists.

·Marines from the attacked convoy—as well as those who initially arrived at the scene to assist with treating the casualties—received fire from nearby civilian homes. Marines returned fire to defend themselves and assaulted the terrorists in the homes to remove the threat—as the Marines were trained to do.

·Chessani’s primary responsibility was to monitor and direct what his combat units were doing. He traveled to the various battle scenes to investigate and view the sites that same evening and the following morning. After gathering information from his Marines, and viewing the field of battle himself, Chessani briefed higher commands of the complex engagements his Marines were involved in that day.

·Based on his prior experience with the terrorists’ tactics and in light of the well-coordinated attacks against his Marines, it was evident to Chessani and others in the chain of command that the Marines were involved in a bona fide combat action that unfortunately resulted in the death of civilians. At the end of the day, the Marines did not choose the place to fight; the terrorist did, knowing that they would endanger the lives of civilians in the neighborhood, as they had done earlier in the year.

The two Law Center attorneys assisting in the defense—Robert Muise and Brian Rooney—are uniquely qualified. Muise is a Marine infantry officer veteran of the first Persian Gulf War and a former Judge Advocate. Rooney is a Marine veteran of Operation Iraqi Freedom and a former Judge Advocate as well. Rooney joined the Law Center shortly after a combat tour in Iraq. Muise and Rooney will join the military detailed defense counsel team consisting of Marine Reserve Lieutenant Colonel Jon Shelburne, a law professor at Roger Williams University School of Law in Rhode Island, and Capt Jeffery King, USMC, a defense counsel stationed at Camp Pendleton, California. Both LtCol Shelburne and Capt King have served combat tours in Iraq as well.

Rooney commented, “As a lawyer that served in Iraq, I know first hand that the terrorists seek to use our ‘Rules of Engagement’ against us. Terrorists routinely use mosques, schools, hospitals, and civilian homes from which to launch attacks and hide. We have always taught Marines to be aggressive and encouraged this aggression in order to help them survive and accomplish the mission.”

Commented Muise, “Through our defense of Lieutenant Colonel Chessani, Marines on the ground will be assured that their valiant combat actions will not be turned into political fodder and talking points for politicians seeking headlines.”

The Law Center attorneys expressed confidence in the military justice system. “Unlike the anti-war media and politicians who have already convicted the Marines in print, Lieutenant Colonel Chessani will be judged by his peers, many of whom are combat veterans and truly understand the situation in Iraq. It is a system that we are confident will exonerate our client,” said Richard Thompson. “We are not going to let a politician’s agenda destroy a brave Marine’s family, and career.”

An Article 32 hearing is presently scheduled for March 21, 2007 at Camp Pendleton, California. At that time, the investigating officer assigned to the case will hear testimony and make recommendations to General Mattis (First Marine Expeditionary Force Commanding General), who has the ultimate authority on whether to convene a General Court-Martial. An Article 32 hearing is a way for a military commander to determine whether there is sufficient evidence to bind an accused over for a criminal trial. The commanding general, however, is not bound by the investigating officer’s recommendation.

The maximum punishment at a General Court-Martial that Chessani could face is dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years. The Law Center is defending Lieutenant Colonel Chessani without charge.

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.

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