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.

[jazusamo]

Agreed

[brityank]

Ah. The New York Times. Of course ... they only print the Pravda !!

LOL

... decision to announce these censures reflects the enormous interest military leaders have in shaping the public perception ...

Had their damn PAO done his job in the first place, and exposed this propaganda, Chessani and his team would not be in the position they are today but back in front leading the charge.

Plus I wouldn't have met such a great group of FRiends. Not hard to see the rainbow in this storm. :^)

[brityank]

True Command Influence is difficult to overcome at the initial trial court and is usually only remedied in the appeal process.

Normally, cases are very much an individual exhibition; it's very rare that you have a group charged as is being done here. I believe that the info gleaned from the A32's can be brought in; combined they lend credence. But, this does put the court on notice that an appeal will be mounted if needed to bring this to the forefront, and so can only help them defend against the prosecution's political jibes. No Judge likes to be overturned.

[brityank]

Thank, Jaz.

I too am surprised that Rummy is involved, and disappointed at this whole circus act. I knew there were a couple of bad apples in the officer corps when I served, but by the time they’d been at sea with a crew they either resigned or were bounced ashore. Now with Sestak I see just how damaging that policy was; the ones I served under were like Chessani and Mattis — strict but straight and honest.

[USMCPOP]

I’d like to hear what former Commandant Michael Hagee has to add. I’ll have to go back through my records and check the time frame, but I distinctly remember his wife mentioning the politics of the position when I was invited to the Home of the Commandant for lunch one time.

[jazusamo]

I agree, it would be interesting to hear General Hagee’s take on this.

It seems to me but I can’t be certain that he was asked by one of the defense attorney’s for a deposition? but it didn’t happen, maybe I’m wrong but there was something to that effect. Perhaps Red knows because he is so much more up on all this.

[SFC Chromey]

As I last read, Murtha’s appearance was denied by the lead officer on the Courts Martial.

[Girlene]

Here's how Rumsfield's response/interaction with this case was reported in Washington Post back in June, 2006. In Haditha Killings, Details Came Slowly

...."Chiarelli told subordinates in early February he was amazed by that response (that there had been no investigation), according to an Army officer in Iraq. He directed that an inquiry commence as soon as possible. He wanted to know what had happened in Haditha, and also why no investigation had begun.

Army Col. Gregory Watt was tapped to start an investigation and by March 9, he told Chiarelli that he had reached two conclusions, according to the Army officer.

One was that death certificates showed that the 24 Iraqis who died that day -- the 15 the Marines said had died in the bomb blast and others they said were insurgents -- had been killed by gunshot rather than a bomb, as the official statement had said. The other was that the Marine Corps had not investigated the deaths, as is the U.S. military's typical procedure in Iraq, particularly when so many civilians are involved. Individually, either finding would have been disturbing. Together, they were stunning.

On March 10, the findings were given to Defense Secretary Donald H. Rumsfeld and Gen. Peter Pace, the first Marine ever to be chairman of the Joint Chiefs of Staff. Rumsfeld told aides that the case promised to be a major problem. He called it "really, really bad -- as bad or worse than Abu Ghraib," recalled one Pentagon official. On March 11, President Bush was informed, according to the White House.

At the Marine Corps headquarters, there was "genuine surprise at high levels," said an Army officer who has been working with the Marine Corps on the case. "It caught a lot of people off guard."

That weekend, almost four months after the incident, "we went to general quarters," recalled one Marine general, using the naval expression for the call to arms. The following Monday, March 13, Marine officers began briefing key members of Congress on defense-related committees. Their message was succinct: Something highly disturbing had happened in Haditha, and its repercussions could be serious. The alacrity of the Marine response surprised some of Rumsfeld's aides in the Office of the Secretary of Defense. OSD, as it is called at the Pentagon, told the Marine Corps a few days later not to say anything to anyone about the investigation, recalled the general. Too late, the Marines responded, we've already briefed Capitol Hill."......

There's a lot of good information and reminders of when everything was happening. Bargewell (Special Ops) was dispatched to make his investigation. NCIS was sent on March 12 to do their investigation. Then McGirk's article came out on March 19. But the cr*p really hit the fan after Murtha came out with his allegations on May 17. It appears from this article that Murtha may have received his first briefing from Marine officers on March 13. First time I'd seen that.

[RedRover]

The story is spreading fast...

In NewsMax, Haditha Bombshell: Pentagon Had Secret Committee

A shadow legal body was set up by the Defense Department to manipulate the prosecutions of U.S. Marines accused of massacring Iraqi civilians in Haditha in 2005.

That’s the bombshell disclosure from the Thomas More Law Center, a national public interest law firm that is representing one of the accused Marines, Lt. Col. Jeffrey Chessani.

And it could prove to be the most damning piece of evidence showing the political motivations behind the ongoing prosecutions of the Haditha Marines.

Also in American Thinker, Shadow body monitoring the Haditha prosecution?

[brityank]

It appears from this article that Murtha may have received his first briefing from Marine officers on March 13. First time I'd seen that.

Just to highlight that lead from your snips, Girl.
However, nothing there dispels the acts of undue command influence, if anything they enhance it IMO. Absent issuance of a valid report and/or official briefing, Murtha and his cronies were running wild with rumor and innuendo.

[Gene Eric]

I wonder what McCain thinks about this.

[Lancey Howard]

Good snooping there, Girlene. It sounds like it was Marine Corps commanders themselves who were first to roll over and presume the worst about the troops in the field. That’s an abominable disgrace but you can only hope that a lesson about dealing with insurgent propaganda schemes has been learned and will be taught to the next generation of commanders.

Meanwhile there are STILL four Marines twisting in the wind, left there by a whole chain of command of mostly cowardly political hacks who can’t seem to clean up their own mess by finding a way to end this sick charade..

[Lancey Howard]

Thanks for the ping!
This is an outrageous revelation and it certainly explains a whole lot.
I suspect Jack Zimmerman is going to be filing lots of motions real soon.

[brityank]

Many thanks, Red; hopefully this will spread far and wide, and help lead to exoneration of these Marines.

[dynachrome]

Ha. Didn’t see this thread (different title. Glad you are on top of this!

[smoothsailing]

This has the potential to blow the Haditha prosecutions out of the water, and end this injustice once and for all.

The government will have a moral and hopefully legal obligation to make the Haditha Marines and their families whole again. Not only reimbursing all financial damage done but seperate damages above and beyond as well.

[Popman]

...but to learn that it is organised, deliberate, and reachs possibly to the door of the Oval office is mindboggling.

This does not surprise me

At one time I thought this Bush administration would after time, be well thought of historically speaking, I for some time no longer labor under that delusion.

Benign neglect is the only words I can describe his domestic policy for the last eight years. I can't wait to see him leave office.

[tiredoflaundry]

Haditha *ping*

[smoothsailing]

More...

Rumsfeld 'politicized' Haditha case with 'shadow body'

[RedRover]

I've actually always been a Rumsfeld fan but...

I've been in big corporations my whole working life. I could see that, to a guy like Rumsfeld, the Haditha Marines were no more than bugs to be squashed if they got in the way of the counterinsurgency effort.

And even though Haditha story was all enemy propaganda, it'd better to squash the Haditha Marines than to try to battle the propaganda--especially with the worldwide media against the Bush Administration.

All of this is obviously just speculation on my part. But it should be obvious that the SecDef would care more about the success of the war effort than a squad of Marines.