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.

[RedRover]

BTW, for a little more background, we had a story about the letters HERE. Hard to believe that a civilian SecNavy would override Gen Mattis and censure Marine officers by saying they had "betrayed the trust" of the Corps.

If this story is true, how could Mattis let this happen?

[Girlene]

Well, Sec. Navy was responsible for issuing the letters, so I would guess he would have the final say. According to the Thomas More Law article, it alleges that only Col. Davis was to receive a Non-Punitive Letter of Caution vs. the Letter of Censure that he was actually given. It doesn’ mention what they think Gen. Mattis recommended for the other two.

Still it is VERY curious why these Letters of Censure were made public. That alone was “to shape public perception”. It would help if someone would go on record to deny or confirm this allegation.

[xzins]

I knew it! All along I knew it.

When everything imaginable turned the prosecutions way, and in spades, then the smart observer was saying, “There’s something fishy here.”

Too good to be true is exactly that.

There is no way that a reasonable person could ever know that this prosecution is not the result of undue command influence.

[Girlene]

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.

So what does this really mean? Are they alleging a shadow oversight body was directing the investigations or influencing the investigations? Could this "oversight body" set up by the Pentagon (allegedly) reasonably be just a liason effort? I'm not sure what the interactions between the military justice system and the Pentagon would typically be.

[brityank]

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.

General Mattis was initially listed as the Convening Authority for the investigation and all subsequent activities stemming therefrom. Absent any bias or intentional influence, there should be no reason for anyone else to insert themselves into the judicial sequence. It appears that is exactly what has happened here, and as I found in one of the news reports the following indicates just why this is a damnable intrusion:

Letters of censure cannot be appealed, a senior Marine official said during a briefing in Washington, D.C., yesterday afternoon. He spoke on condition of anonymity so he could address personnel matters concerning Huck, Davis and Sokoloski.

The censured officers can file rebuttal statements that will become part of their military records. They have five days to confirm receipt of their censure letters, then 15 days to submit any rebuttal, the senior Marine official said.

So if all of the cases result in exoneration of all charges, just how do these Marines recover their good names? No -- this entire debacle is nothing more than a political pandering to the propagandists and insurgent supporters in both the Iraqi and American governments, and the buck for that falls squarely on President Bush's desk, put there by Rumsfeld, Gates, Winter, and Helland.

[mad_as_he$$]

Any Rummy fans around?

[Lancey Howard]

No -- this entire debacle is nothing more than a political pandering to the propagandists and insurgent supporters in both the Iraqi and American governments, and the buck for that falls squarely on President Bush's desk, put there by Rumsfeld, Gates, Winter, and Helland.

Very well put.

[Lancey Howard]

....Navy Sec. Winters issued the letters "after senior generals determined that the three officers had not intended to cover up evidence...", but then goes on to say that Gen. Mattis made the determination. I guess the NY Times article leaves a little wiggle room that the decision of Gen. Mattis may have had other influences.

I really, really hate to say it but that fourth star on Mattis's shoulder looks mighty dirty at this point. All charges against the designated scapegoats - - you know, those lowly Marines who watched a comrade get killed and put their own lives on the line - - need to be dismissed immediately and without prejudice, and then a whole lot of people need to come clean. Jack Zimmerman will not be bought off, and he will never let go of this.

There is only a tiny window for all of this dirty laundry to be aired before things get even uglier than they already are. Time is critical.

[brityank]

I really, really hate to say it but that fourth star on Mattis's shoulder looks mighty dirty at this point.

In defense of Mattis, he was scheduled for reassignment and promotion and I believe that had already been told when he was appointed CA. I think that the expectation was that his position as CA would be stay with him to its conclusion, as it requires minimal involvement form him but provides solid oversight to all reports and activities.

[Lancey Howard]

In defense of Mattis, he was scheduled for reassignment and promotion and I believe that had already been told when he was appointed CA.

Was there a wink and a nod when he was appointed CA?
Everything may indeed be above board with Mattis and his promotion, but it sure does look bad.

[Girlene]

I'm not sure what to believe, Lancey, about the letters of censure. Reporting in the past made it sound like Mattis made the recommendations for all three to get letters of censure, Sec. Navy Winters then wrote up the letters. The Thomas More Law Center is alleging Winters changed Mattis' decision on Davis to a harsher penalty. Ultimately, Sec. Navy Winters signed those letters; the responsiblity is his.

If this allegation is true, why did Sec. Navy Winters think Col. Davis deserved the harsher penalty, and why did all the reporting indicate Mattis wanted the harsher penalty?

[Lancey Howard]

Ultimately, Sec. Navy Winters signed those letters; the responsiblity is his.

As you know (and I hate to think I'm getting obnoxious about this) I maintain that the buck stops with the Commander-in-Chief. In this matter he has been a colossal disappointment.

[brityank]

If this allegation is true, why did Sec. Navy Winters think Col. Davis deserved the harsher penalty, and why did all the reporting indicate Mattis wanted the harsher penalty?

Winter et al are playing to the insurgents and their supporters in both governments. This from Nat Helms:

Two separate inquiries--a “secret” inquiry led by Army Maj. Gen. Eldon Bargewell and a Naval Criminal Investigative Service inquisition that lasted 18 months--failed to discover any evidence of criminal behavior by the senior Marine officers. Bargewell’s report said at worst the senior Marines were guilty of bad attitudes and poor judgment for not taking the deaths of the Iraqi citizens seriously enough.

Winter was apparently very sensitive to the media inquiries and made the senior Marines’ failure to adequately inform the press the central theme of his criticism despite the indisputable evidence that the so-called “evidence” revealed by Time magazine is the fabrication of two Iraqi insurgent operatives who duped McGirk into believing they were presenting the unvarnished truth.

Despite the flawed allegations ticked off in Time magazine, eight Marines from 3/1 – four officers – including Chessani - and four enlisted men once commanded by Huck and Davis, were charged with dereliction of duty, murder and assault for wrongfully killing the 24 Iraqi citizens. Huck, Sokoloski and Davis, however, escaped criminal charges, although the letters of censure from the Secretary of the Navy effectively destroyed their careers.

Winter apparently wasn’t satisfied with the speed Huck’s decision to bow to media pressure. He tongue-lashed Huck for failing “to ensure that the circumstances surrounding the Haditha engagement were investigated thoroughly….Your advice to your immediate commander, Lieutenant General Chiarelli, regarding no necessity for further investigation conveyed a cavalier attitude towards the gravity of these allegations...”

Winter ... rebuked the hard-charging former regimental combat team commander for failing to respond to media requests for information. Winter characterized Davis’ failure to cooperate with the press as being indicative of his lack of understanding for fighting counter-insurgency warfare. He leveled similar charges against Huck and Sokoloski.

In all the reports from all sources, the overriding theme is "You guys didn't keep the Press in the loop; you are bad, bad men!"
Had Winter taken them to task for not handling their PAOs appropriately, that would be one thing, but to castigate and humiliate and censure them for being more concerned with the fight they were in instead of the Puzzle Palace Princes persnickety panderings is exactly undue command interference.

[baa39]

I agree with you. Not Rumsfeld, no way, never. It’s easy to drag his name in now that he’s out of the picture, and also it’s advantageous because that will get this story blasted to front-page MSM status. Rumsfeld may have formed this secret commission (or someone else) with the intention of making sure it did NOT become political, who knows. All this is still in the realm of unsubstantiated allegations. Rumsfeld would not go against his troops.

[baa39]

Yes. And I’m surprised how quick people are to condemn Rumsfeld based on one press release from a law firm. Seems the same knee-jerk type reaction of Murtha’s that started this horror to begin with.

All of us who have been following these cases know obviously there was political pressure from high up to placate the Iraqis by persecuting the Marines. As yet, we have no evidence at all that Rummy intended such. Those who are culpable may be seeking to take off some blame from themselves by naming Rummy, he’s not known to be loved by Generals.

[Guenevere]

I am.

And I'm not ready to throw him under the bus.

[Girlene]

Winter apparently wasn’t satisfied with the speed Huck’s decision to bow to media pressure. He tongue-lashed Huck for failing “to ensure that the circumstances surrounding the Haditha engagement were investigated thoroughly….Your advice to your immediate commander, Lieutenant General Chiarelli, regarding no necessity for further investigation conveyed a cavalier attitude towards the gravity of these allegations...”

I think one reason the Haditha case became so big had to do with Chiarelli and his reaction. He sent Watt in to do a preliminary investigation. Watt's main conclusion were:
1. The Public Affair Officer's (Jeffrey Pool) press report was wrong - most of the Iraqis died of gunshot wounds, not an IED.
2. No investigation was completed at Huck's level and lower.

Chiarelli was of the mindset that the counterinsurgency effort needed to go the way of winning hearts and minds vs. traditional Marine combat tactics. The incident in Haditha did not fit this new mold. Instead of calmly and quietly investigating the incident, sending in NCIS, immediately briefing key persons in Congress that what had happened was "bad", not responding to Murtha's wild allegations, shows more of a hair-on-fire approach.

The timing of the public release of the Haditha incident was at odds with our new approach in Iraq. Unfortunately, Haditha was not anywhere close to being able to be calmed down at that time with the winning hearts and minds approach. The Haditha Marines have paid a price for being the poster child of the opposite of the new counterinsurgency approach.

What has amazed me throughout, is that the PAO, Pool, has never been brought into these cases. This was 50% of the reason the Marine leadership got so bent out of shape about the public perception. And yet, Pool's effect on Haditha has been ignored, pushed aside. Who does this guy know in high places?

[brityank]

If you go back to the Bargewell Report, he lays it out in detail that the lack of clarity came from Pool and his crew at Division. Chessani’s team down through Kallop did send in reports and corrections throughout the day and evening; Pool issued his report the next day after all of those had been viewed and supposedly collated.

[4woodenboats]

I thought Pool had clarified his statement within a day or so, in that what he meant was that "as a result of an IED attack and the firefight at followed, 8 insurgents and 15 civilians who were caught in the crossfire were killed".

Maybe no one brings Pool up because it would make them look a little silly for not ever questioning Pool in the 1st place.

[freema]

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.

Ping to Post #29, as well.