New Revelations in Haditha Case - SecDef Rumsfeld Set up Body to “Oversee”

EMAIL | March 26,2008 | Thomas More Law Center

[brityank]

New Revelations in Haditha Case ─ Secretary of Defense Rumsfeld Set up Shadow Body to “Oversee” Investigations and Prosecutions

Wednesday, March 26, 2008

ANN ARBOR, MI – Revelations by top Marine Generals, that former Secretary of Defense, Donald Rumsfeld, set up a shadow “body” composed of high-ranking administration officials to oversee the Haditha investigations, could prove to be the most damning evidence of the political motivations and influence over the ongoing prosecutions of Lieutenant Colonel Jeffrey Chessani, USMC, and other combat Marines involved.

Lawyers with the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, which represents Marine LtCol Jeffrey Chessani, uncovered the existence of the extraordinarily unusual oversight body.

“The hysteria and media firestorm over Abu Gharib and the Pat Tillman investigations lead to fear of a similar media reaction to the Haditha incident, causing the military’s civilian bosses to set up this shadow oversight body. This extraordinary action politicized the military justice system and was a clear signal to top generals that they were expected to hold individuals criminally responsible. The investigation turned into a quest for a prosecution — not justice,” commented Richard Thompson, President and Chief Counsel of the Law Center.

The Marines are being prosecuted for their house-to-house battle to ferret out ambushing insurgents on November 19, 2005. The insurgents fired upon the Marines while hiding amongst woman and children. The ensuing firefight resulted in the deaths of fifteen civilians – a result the insurgents wanted to happen.

Details of the battle and the civilian deaths were dutifully reported throughout the chain of command. The chain of command, including the top generals, all concluded this was a tragic and unfortunate consequence of urban warfare, but the Marines were justified in their actions of defending themselves.

Months later, however, a known Al Qaeda propaganda operative instigated an inflammatory Time Magazine article written by reporter Tim McGirk—later proven to be false—calling the deaths of the civilians a “massacre. ” The military initiated at least three investigations as a result.

Proof that this entire investigation has been a politically motivated quest for a prosecution rather than justice is supported by several details of the investigations, including:

• An admission by the Director of the Naval Criminal Investigation Service (“NCIS”) that over 65 investigators were assigned to the case, which in his opinion was the largest investigative effort in Department’s history.
• Formation of “Legal Team Charlie” composed of military lawyers reassigned from other units and reserve officers activated for the purpose of prosecuting this case—all highly unusual.
• The Secretary of Navy countermanded a determination by General James Mattis, USMC, that Colonel Stephen Davis, USMC, LtCol Chessani’s regimental commander, would receive a Non-Punitive Letter of Caution, which would not be part of his permanent record. Gen Mattis’ decision was overridden by the Navy Secretary, who ordered a Letter of Censure, a more severe punishment, which effectively ended this fine Marine officer’s career. As the consolidated convening authority in all the Haditha investigations, General Mattis’ decision, under normal circumstances, would be absolute and final.

“I am deeply troubled by the fact that the desire to appease the liberal anti-war press and politicians has led to the prosecution of innocent Marines for purely political purposes. These prosecutions will become a scandal of historic proportions unless terminated by independently minded and virtuous military judges,” commented Thompson.

An Undue Command Influence motion had already been filed on behalf of the combat Marines. The Law Center intends to file its own Undue Command Influence motion on behalf of LtCol Chessani. Further startling events will be revealed at that time.

Even though LtCol Chessani was not personally present at the scene of the ambush on November 19, 2005, the Marines responding were in his battalion: the Third Battalion, First Infantry Regiment – one of the most decorated battalions in our nation’s history, and the pride of the second Battle of Fallujah. Thus, LtCol Chessani is charged with “dereliction of duty” and “orders” violations. Despite his 20 years of loyal service in defense of his country, he faces a maximum punishment of three years in prison, dismissal (an officer’s equivalent of a dishonorable discharge), and the loss of his retirement benefits. Of course, his wife and 6 children ranging in ages from 3 months to 8 years old, made untold sacrifices as he left them to defend us on foreign shores as well.

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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.

[brityank]

Received this Email from Thomas More Law -- is there any doubt at the political machinations that are being done by both political parties any more?

[brityank]

PING !

[pissant]

Interesting, if true.

[brityank]

An Undue Command Influence motion had already been filed on behalf of the combat Marines.

I know that SSgt. Wunterich has (or is) filed, and is trying to get Murtha as a 'witness'. Have the other case litigants also filed or considered it?

[End Times Sentinel]

I have a file on this, although I don't have it handy. I'd thought that most of the charges were dismissed before prosecutions ever occurred?
I could be wrong about that, but if that's the case, I don't think the argument of over-agressive prosecution can hold up. That would indicate the extra bodies were assigned for oversight to make sure there weren't mistakes made.

[brityank]

I know your trepidation, as normally I too see the defense lawyers as just 'salting the field', but with the amount of information and detail developed from the Article 32s and testimony from other sources, I believe this to be factual.

Drop into Defend Our Marines ^ and see.

[brityank]

I'd thought that most of the charges were dismissed before prosecutions ever occurred?

Check my link in #6.

Also:

The Secretary of Navy countermanded a determination by General James Mattis, USMC, ...

Mattis was following up and accepting the Investigating Officer's Recommendations, dropping or reducing charges as the testimony developed. He was replaced, and I believe some of the reason for that was the political involvement.

[PGalt]

Thanks very much for posting. Very interesting.

[kellynla]

Thank you for posting.

[kellynla]

ping

[smoothsailing]

The Thomas More Law Center now has this posted on their website as well.

http://www.thomasmore.org/qry/page.taf?id=63

“I am deeply troubled by the fact that the desire to appease the liberal anti-war press and politicians has led to the prosecution of innocent Marines for purely political purposes. These prosecutions will become a scandal of historic proportions unless terminated by independently minded and virtuous military judges,” commented Thompson.

This is beyond the pale. We've known all along that undue command influence was at work in these Haditha cases, but to learn that it is organised, deliberate, and reachs possibly to the door of the Oval office is mindboggling.

[jazusamo]

This is some pretty strong stuff, brit. Some of it we've been talking about for some time.

Revelations by top Marine Generals

Curious that they didn't name names of these Generals. Maybe it's to protect them if they're still active service but I'd think they'll have to name them eventually if this goes anywhere.

Gen Mattis’ decision was overridden by the Navy Secretary,

Winter's name or office has come up often in these cases, too often. He may be the head man but he shouldn't be directing the officers under him how the UCMJ should be applied.

Winter has to be the political influence in these cases, IMO. He's a snake and should be replaced.

[Girlene]

Well, this is certainly interesting. If this is true, the Thomas More Law Center needs these generals to get on record with these allegations. I am confused about Gen. Mattis recommendations being ignored. According to the article,

The Secretary of Navy countermanded a determination by General James Mattis, USMC, that Colonel Stephen Davis, USMC, LtCol Chessani’s regimental commander, would receive a Non-Punitive Letter of Caution, which would not be part of his permanent record. Gen Mattis’ decision was overridden by the Navy Secretary, who ordered a Letter of Censure, a more severe punishment, which effectively ended this fine Marine officer’s career. As the consolidated convening authority in all the Haditha investigations, General Mattis’ decision, under normal circumstances, would be absolute and final.

IF that is true, why would Winters go above and beyond Gen. Mattis' recommendations? Here is how it was reported in the New York Times at the time.

Navy Secretary Donald C. Winter issued letters of censure to Maj. Gen. Richard A. Huck, the commander of the Second Marine Division at the time; Col. R. Gary Sokoloski, who was the division’s lawyer and the chief of staff to General Huck; and Col. Stephen W. Davis, the commander of a regimental combat team that was in charge of the infantry battalion involved in the Haditha episode, on Nov. 19, 2005. ....

.....The letters of censure........were issued after senior generals determined that the three officers had not intended to cover up evidence or acted in a manner that warranted criminal charges under the Uniform Code of Military Justice, the Marine Corps said.

..........Letters of censure are issued almost always confidentially. The Marine Corps’s decision to announce these censures reflects the enormous interest military leaders have in shaping the public perception that wrongdoing in Iraq, even by senior commanders, will be punished. .......

So that last paragraph does indicate how unusual it was to release these letters and that the military was trying to affect public perception. I don't know,,,,, we need more info. on record to add credence to these allegations. If true, it is VERY troubling.

[Lancey Howard]

Un - freaking - believable.

Somebody needs to sue somebody’s balls off.
I am livid beyond words.

[T-Bird45]

The Thomas More Law Center is doing a great job for these Marines and it is obvious that an Undue Command Influence motion is necessary to preserve LTC Chesani’s rights. However, it is unlikely that the motion will make much of a difference at this stage of trial with it being more of a set-up motion for appeal, should that be necessary. True Command Influence is difficult to overcome at the initial trial court and is usually only remedied in the appeal process. Unfortunate but true.

[jazusamo]

and reachs possibly to the door of the Oval office is mindboggling.

You're right, Smooth. I've said for quite a while it's Winter but it could go to the Oval office because the Prez is the boss. I haven't wanted to believe that but it's becoming more clear that it could be.

[smoothsailing]

We both had the same thoughts about Winter, particularly the Winter-Murtha connection. But Rumsfeld? Man, I would never have believed it. There may be some alternative explanation for this. From the TMLC release, apparently they've got more facts yet to reveal.

[jazusamo]

Pinging the Haditha Marine list for RedRover, he may be tied up.

[rocksblues]

If this is true I would be completely blown away that Rumsfeld is the one who endorsed it.

[brityank]

He may be the head man but he shouldn't be directing the officers under him how the UCMJ should be applied.

Exactly. I saw vividly just how scummy the Republicans are over here in SE PA; Toomey and Weldon. Neither one got the support of the gang of miscreants that is infecting the core of the party; Weldon's discoveries in Able/Danger went to both sides in the Clinton/Bush cesspool.