[brityank]

The Joint Forces Command issued a prepared statement shortly after Folsom's ruling: "General Mattis said under oath that he did not speak to the officer about the case and was not influenced by him. He stands by his statement under oath."

I don't doubt Gen. Mattis believes that to be true.
The point remains that the appearance of UCI attaches just by Ewers being present at multiple meetings, probably with many of the same participants. As someone (xzins ? Lancey ?) said, even if Ewers just sat in mute, he was introduced and likely his position in the investigation stated, at every meeting. Anyone in those meetings needing any additional information thereafter would have been led to believe that he was the point man to approach for details or problems, or for a better understanding of the prosecution's developed story.

Scott Silliman, a Duke University law professor and director of the Center on Law, Ethics and National Security, said he believes the Marine Corps will seek new charges against Chessani.

"The ruling has no direct bearing on the guilt or innocence of the accused, so I have to assume the government will refile," he said.

Sad as it is, he's correct. The taint of wrongdoing will not be cleansed by this, more like the majority will believe he got away with something because of legal trickery and shenanigans. I doubt the DoD will refile, as there is no way to redo a new investigation. Any use of current briefs are all tainted by the UCI determination. If SSgt. Wunterich's case is also decided in his favour based on this same UCI, then neither he nor Chessani are really cleared or absolved of the charges.

It also sounds as if Folsom was highly miffed at prosecutor Sullivan's less-than-honourable conduct, I would guess Sullivan's next Fitness Report will be other than satisfactory. In light of this, and the insistance of the prosecutions intent to push the Wunterich/60 Minutes demands to the USSC, maybe Gates should take the opportunity to clear the decks and get back to the real business of fighting the insurgents instead of our troops.

[jazusamo]

maybe Gates should take the opportunity to clear the decks and get back to the real business of fighting the insurgents instead of our troops.

I couldn't agree more.

Good post, brit.

[Girlene]

Whoops....we were on the same page with this one. Good post, brit.

[pinkpanther111]

maybe Gates should take the opportunity to clear the decks and get back to the real business of fighting the insurgents instead of our troops.

Absolutely, but then again this should have happened long ago.

[freema]

I can't quite believe the media would consult Duke's legal department, but they do-again and again.

I agree with you on Mattis, he nobody's fool.

As far as their good names? There's more than one way to remove a stain.

[Shelayne]

maybe Gates should take the opportunity to clear the decks and get back to the real business of fighting the insurgents instead of our troops.

Amen to that! Great post, Brit.

[Marine_Uncle]

I’ll second that motion.

[AndyJackson]

General Mattis said under oath that he did not speak to the officer about the case and was not influenced by him.

I don't think this is the real line of command influence anyway. The real line of UCI, I think is from Murtha, head of appropriations, through that never served a day in uniform pork seeing suit of an ex-Northrop executive secretary of the navy Winters to the MC generals who knew what they had to do to keep Winters happy and get their money from Murtha. It is simple, straightforward and clear.

BTW Winters is also the principle causative factor in the government losing the Guantanamo suit. And it was exactly the same behavior - putting his very heavy thumb on the scales of justice.

The guy needs to resign effective the start date of his current appointment. How does Bush find suits like this one?