Fortunately, the Supreme Court has ruled that congressmen are not exempt from libel suits. The Sen Proxmire case settled that.
But despite that ruling, and despite the fact that Murtha gave these interviews from his campaign headquarters, the DOJ denied a request to have Murtha deposed.
Wuterich's civ lawyers (Neal Puckett and Mark Zaid) appealed the denial. Their contention is they need a deposition to know the facts. That's the state of play.
I called Mark Zaid today--and got him on his vacation in Maine. He said he hasn't read Mattis' statements yet. Hopefully, this all will be grist for the mill.
I'll post updates as we learn more.