Posted on 10/04/2007 5:28:30 AM PDT by vietvet67
Are Congressmen above the law? The case of Staff Sergeant Frank Wuterich against Congressman John Murtha (D-PA) tests this basic question.
Of course there are other reasons to ask the same question. In a year when Congressional committees see no limits to what they will subpoena from the executive branch or about what they will interrogate its officers and employees, they rushed to court to keep the Department of Justice from subpoenaing the records of a Congressman caught with tens of thousands of dollars in his freezer.
Bad as shielding suspicious Congressional cold cash from view may be, insulating Congressmen when attacking ordinary citizens, or worse yet active duty Soldiers, is an invitation to tyranny. We are all potential targets if this holds true. Are they totally unaccountable for their conduct against ordinary citizens? I certainly hope not, but if that ultimately proves to be the case in court, I hope we have the strength to demand a change in the law.
The news that Staff Sgt Wuterich was going to be permitted to proceed to discovery in his defamation suit against Congressman Murtha was a cheering note to people like me who have consistently considered the Congressman's conduct unacceptable. As you will recall on November 19, 2005 there was an incident in the then-insurgent infested town of Haditha in which a number of people were killed. Beginning in May of 2006, long before a full official inquiry, and prompted by a very suspect bit of anti-US propaganda in Time, Congressman Murtha hit the media circuit repeatedly. He publicly and falsely accused SSgt Wuterich and the men of the Marines' Kilo Company of being involved in cold-blooded (premeditated) murder and of covering up the events of that day.
(Excerpt) Read more at americanthinker.com ...
What’s the connection?
I dunno. I just want to note it for the record.
PAUL von ZIELBAUER of the New York Times has access to the Ware’s report
Published: October 5, 2007
In his 37-page report on Sergeant Wuterich’s case, Colonel Ware again struck a skeptical tone about the evidence presented by prosecutors, said someone who had reviewed the document, and seemed inclined to give the accused infantryman the benefit of the doubt.
~~~~~~~~
“The case against Staff Sergeant Wuterich, that he committed murder, is simply not strong enough to prove beyond a reasonable doubt,” Colonel Ware wrote, according to a person who read the report and quoted portions of it to a reporter.
~~~~~~~~~~~~~~~~~
In the report, Colonel Ware said he believed that a jury would probably decline to convict Sergeant Wuterich of any crime other than dereliction of duty, for failing to ensure that his men followed the rules of engagement when they fired their weapons, according to a person who has read the document.
~~~~~~~~~~~~~~~
“I believe after reviewing all the evidence no trier of fact can conclude that Staff Sgt. Wuterich formed the criminal intent to kill,” Colonel Ware wrote, the person who reviewed the report said. “The evidence is contradictory, the forensic analysis is limited, and almost all the witnesses have an obvious bias or prejudice.”
I am recommending that the Government pursue the lesser offense of negligent homicide and not murder because I believe after reviewing all the evidence, no trier of fact can conclude SSgt. Wuterich formed the criminal intent to kill. The evidence is contradictory, the forensic analysis is limited and almost all witnesses have an obvious bias or prejudice. The case against SSgt. Wuterich that he committed murder is simply not strong enough to prove beyond a reasonable doubt. What the evidence does point to is that SSgt. Wuterich failed to exercise due care in his own actions or in supervising his Marines. When a Marine fails to exercise due care in a combat environment resulting in the death of innocents, the charge of negligent homicide, not murder, is the appropriate offense. Accordingly I believe the elements and theory of negligent homicide best fits the evidence of what occurred inside House 2.
Finally, although I believe the Government will fail to prove beyond a reasonable doubt that SSgt. Wuterich committed any offenses other than dereliction of duty, due to the serious nature of the charges, I recommend referral to a general court-martial.
Thanks for the ping.
Dear Lord,
We praise Your divine grace and providence, Almighty Creator, who knows every hair on every head. Father God, we earnestly pray for earthly justice to be done in this case of Congressman Murtha, for the sake of our brave soldiers and our besieged nation. Not our will, but Yours be done, Father.
In Jesus’ holy Name,
Amen.
Yes, but. I’d like to know who’s feeding Heilbauer?
Mark Walker of the North County Times.
Did you get the whole report?
Until now, there hasn't been a delay between the submission of a report and the Corps' announcement of its conclusion. Don't know how to read that at all.
"In the report, Colonel Ware said he believed that a jury would probably decline to convict Sergeant Wuterich of any crime other than dereliction of duty, for failing to ensure that his men followed the rules of engagement when they fired their weapons, according to a person who has read the document.Then why does he recommend charges of negligent homicide ?
Likewise; this just doesn't make sense. The other thing that does not make sense is the dereliction charge. Admittedly, the entire case file has not been presented for study, but nothing I have seen in any statements indicated that SSgt. Wunterich was anything but a committed, thoughtful, and consistent squad leader. The only thing this seems to point towards is a political expediency -- to say that he was charged with something to negate the criticism of the trials and prosecutions, and to ensure that he doesn't get awarded the medal and commendation that Kallop recommended him for.
This is a political decision.
Oh, and as yet nothing in print other than as listed above.
Not only that; there's also the pressure being brought by all of us to censure Murtha, so I'm sure he has his Fobbit REMFs working overtime to push for any charge that he can point to and say -- "See, I WAS right, but the Military has closed ranks and is still protecting their own."
That could also be the message to Lt. Gen. Mattis that will make up his mind to drop all charges against SSgt. Wuterich. I believe that's a real possibility.
I sincerely hope he does; however I am still mystified by Ware’s comment about the Dereliction charge. That stinks, and leads me to wonder at Ware’s own impartiality.
Ware's explanation:
....due to the serious nature of the charges, I recommend referral to a general court-martial.
So there you have it. Wuterich must be tried.... because the charges are serious.
Is that the most pathetic thing you ever heard of?
Oh sorry. I see you already got the answer to your question.
Regards,
LH
I hope that I’m not being too optimistic with my take on this. Lt. Col. Ware has been fair in the first two 32’s, he demonstrated his impartiality.
He actually recommended Wuterich be court-martialed for seven counts of negligent homicide but then comes back and says he doesn’t believe there is enough evidence to convict him of that.
He finally says he may be derilict in his duties but he didn’t recommend a court-martial for that.
That’s just my take and we’ll know soon. I’m praying that’s how it’ll work out.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.