I've got a thread with a Murtha-Haditha timeline over here:
Posted on 10/04/2007 6:50:48 PM PDT by Dubya
That’s the kind of pre-ordained conclusion I was afraid of from the start.
Me to if you will.
Thanks Dub
Will do. My pleasure, Dub.
I've got a thread with a Murtha-Haditha timeline over here:
Wasn't there language of this sort in what he wrote about Stephen Tatum as well? I interpret this as "go ahead and charge him but you won't be able to prove it". I won't be able to rest easy until all charges are dropped. God willing, no court martial.
Notwithstanding my belief that a case against LCpl Tatum is too weak to pursue, the charge of Reckless Endangerment may avoid the most significant evidentiary problems of proving cause of death and Iraqi witness production while ensuring a trier of fact could hold LCpl Tatum accountable in some way for his actions. If the government prevails on a theory that LCpl Tatum had a duty to make an independent determination of hostile act or intent, then the act of shooting into a room without making that determination is "Reckless" conduct that exhibits a culpable disregard of foreseeable consequences to the children.
However, to be clear, I am not recommending the charges go forward. In recommending dismissal of the charges, I am finding that LCpl Mendoza's testimony is not credible and even if all the evidentiary hurdles are cleared, that LCpl Tatum had the legal right to rely on SSgt Wuterich's actions in house 2 as positive identification. Even if SSgt Wuterich were wrong, LCpl Tatum was entitled to act on his honest and reasonable belief that SSgt Wuterich was engaging legitimate targets. On 19 November 2005, in the mere seconds LCpl Tatum had to make a decision, he acted in accord with training, to engage targets that a fellow Marine was firing at, without time to fully assess the situation and reflect on what SSgt Wuterich was doing. It is only in hindsight that we can start to question why SSgt Wuterich was firing his weapon at children and conclude that LCpl Tatum should have deemed such actions were unwarranted.
I believe LCpl Tatum's real life experience and training on how to clear a room took over and his body instinctively began firing while his head tried to grasp at what and why he was firing. By the time he could recognize that he was shooting at children, his body had already acted. What occurred in house 1 and house 2 are tragedies. The photographs of the victims are heart wrenching, and the desire to explain this tragedy as a criminal act and not the result of training and fighting an enemy that hides among innocents is great. However, in the end, my opinion is that there is insufficient evidence for a trial. LCpl Tatum shot and killed people in houses 1 and 2, but the reason he did so was because of his training and the circumstances he was placed in, not to exact revenge and commit murder.
It's interesting to note that, in the Tatum recommendation, LtCol Ware found Mendoza not credible. Mendoza is the government's only witness against SSgt Wuterich for house 2. Mendoza is such a weasel that he alone could create reasonable doubt.
I think all charges should be dropped.
Agree
I'll do a text conversion and post it as thread later today:
IO Report - SSgt Frank Wuterich Article 32.
What this investigation has demonstrated most clearly is there was, or is, a conflict between what was taught to Marines in Third Battalion, First Marines concerning the Rules of Engagement (ROE) and the tactics for clearing a room in Military Operations in Urban Terrain (MOUT).
- - - - -
Teaching a Marine to use a tactic and then holding that Marine legally liable when he uses that tactic is simply wrong. If the tactic is illegal, then more education and interaction between the judge advocates and the tactics instructors is the answer, not prosecuting those that employ the tactic.
That, in a nutshell, is the entire problem with the manner in which these prosecutions, and this entire 'war' in Iraq, has been handled. As I've iterated previously, these aren't Cops arresting robbers at your local bodega, but Marines and Army involved in decisive battles instituted by the enemy combatants. I see no reason for any JAG involvement once the determination is made that the enemy instituted the fight, absent gross misconduct with respect to POWs or Non-Combatants. The JAGs own investigation, and indeed NCIS testimony, establishes those points.
That was a very interesting report by Lt. Col. Ware. Once again, he tried to connect all the pieces to make sense of everyone’s testimony, the forensics, ROE, etc. There’s a lot to digest in this report. Any charges for SSgt Wuterich related to the occupants of the taxi/sedan seem pretty clearly gone. That was a fairly good analysis of this part of the case.
I noticed there are additional charges (lesser offenses) recommended for SSgt Wuterich in an attempt to clarify who is responsible, primarily related to house 2. Granted, nothing leads Lt. Col. Ware to determine there was malicious intent to kill for revenge or any other motive.
SCORE???!
Are these reporters nuts! This isn't a stupid game. Haven't scored any three pointers, but we got a few free throws against 3 higher officers????
I am appalled at the liberally fixated enemedia.
That line shows clearly that they consider this an us vs them, media vs military issue. What in the world kind of mindset is that??
It's like the goofball reporter yesterday who lamented that LTC Ware made his decision based "strictly on the law." They thought that was awful.
Well, what should it be based on????
Very well said, the results so far have not been to the enemedias liking and they are not bashful about making it known.
And Redrover asks what brings on my daily anuerism.
I don't have a problem with the points LCol. Ware made WRT the over-charging of the Marines, but rather his thought that there has to be something to charge someone with, and as Team Leader that devolves back to SSgt. Wunterich.
Plug 34.12755N 42.380E into http://maps.google.com ^ and zoom into the location RS and Red show on their map pics. Looking at the entire area will give a better sense of the activities that K/3/1 was undergoing that day.
If Wunterich had not followed the ROE, but had knowledge of and followed the MOUT, then I could understand the charge of Dereliction. Then again, if wishes were horses, we could really give Murtha a ride he'll never forget!
I fear for the nation, bhf. The liberals & media are insane.
Sadly, to them it IS a game, one that is determined by Feelings, because 'good' people also died alongside the 'bad' people, and because we're supposed to feel bad about that, someone has to pay, consequences be damned.
The enemedia is treating this like a game, and they prove that every day with their focus on winners and losers in the Bread and Circuses society they wish us to inhabit. Gratefully, there are ways to smash their rose-tinted specs, and I am grateful to help do that in what little way I can.
When we were at my dad’s annual Labor Day pig fry he asked us this question “How much longer do you think this country will last?” Which is just his way of saying the S!@#storm is coming. Don’t know how ya’ll feel about Mormons, but one thing they teach is preparedness. STRENGTH AND GRACE, Good Brother
I am not a mormon, but I do believe in preparedness. It is my responsibility to provide physical and spiritual security for my family.
Therefore, the 2d Amendment is critical.
Storing supplies to cover extended periods is also simple wisdom.
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.