MILITARY: Marine Corps appealing dismissal ruling for Chessani

North County Times ^ | June 18, 2008 | MARK WALKER

[RedRover]

CAMP PENDELTON ---- The Marine Corps is appealing a judge's ruling dismissing dereliction of duty charges against a battalion commander accused of failing to investigate the 2005 shooting deaths of 24 Iraqi civilians.

On Tuesday, Col. Steven Folsom, presiding as the military judge over the case against Lt. Col. Jeffrey Chessani, ordered the charges dismissed after finding that a general was improperly influenced by a legal adviser who also is a witness in the case.

The watershed ruling found that the legal adviser, Col. John Ewers, should not have sat in on meetings and discussions with two generals who have overseen the case. That degree of participation by Ewers, who also investigated the killings in the city of Haditha, Iraq, irreparably tainted the decision to charge and prosecute Chessani, Folsum ruled.

The notice of appeal delays the case indefinitely. The appeal document was signed by the lead prosecutor in the case, Lt. Col. Sean Sullivan, and sent to Chessani's attorneys late Wednesday.

Prosecutors had until Friday morning to decide if they would appeal. If they hadn't and also decided against seeking a review of the accusations against Chessani, this time by a Marine officer with no ties to the case, the ruling would have left only Staff Sgt. Frank Wuterich still facing charges.

One of those attorneys, Brian Rooney, said the appeal wasn't entirely surprising.

"In our opinion, the ruling is appeal-proof," Rooney said Wednesday during a telephone interview. "He spent a lot time saying why he ruled the way he did, citing numerous instances of case law to back up his opinion."

The appeal goes to the Navy and Marine Court of Criminal Appeals. Prosecutors have 20 days to write their arguments and provide them to the defense, which has 20 days from receipt of that document to respond.

Folsom's rationale, Rooney said, included a finding that prosecutors failed to meet the required proof beyond a reasonable doubt that command influence didn't harm Chessani.

"The court can only overturn the ruling if it's clearly erroneous, and the evidence is clear that it isn't," he said.

The appeals court is not under any time constraint to issue its finding. Whichever way it does rule can be further challenged before the Court of Appeals for the Armed Forces.

"We feel very good about our chances," Rooney said. "The unfortunate thing is that Col. Chessani has to continue to sit behind a desk for an indefinite amount of time while it's decided. I would have hoped someone would have looked at Judge Folsom's ruling and said, 'Enough is enough, let this Marine retire.'"

Gary Solis, a former Marine attorney who teaches military law at Washington's Georgetown University, said he was surprised by Folsom's ruling but understood the perception problem presented by Ewers' participation in the closed-door meetings.

"Military justice cannot afford even the perception that the government has its fingers on the scales of justice," Solis said in a written response to questions.

Chessani, 44, commanded Camp Pendleton's 3rd Battalion, 1st Marine Regiment at Haditha. The two dozen Iraqi noncombatants were shot by a squad from the regiment's Kilo Company as it searched houses for those responsible for a roadside bombing and subsequent small arms fire the morning of Nov. 19, 2005.

Eight Marines, four enlisted men and four officers, were charged with wrongdoing. One officer has since been acquitted at trial while charges have been dismissed or withdrawn for five other accused troops.

[tarheelswamprat]

Undoubtedly, the Bush Administration faced (and may still face) pressure from the Iraqi government. Glimmers showed up in the media...

Of course I understand that they have faced pressure from the Iraqi government. That simply comes with the job of being President. The problem has always been the manner in which the President and his Administration have chosen to deal with the various pressures they must inevitably encounter, not just with regards to this issue, but on a whole spectrum of issues which they've confronted through the years.

The sad truth is that President Bush and his administration have shown a consistent propensity to avoid, shrink from and shirk their responsibility to fight our domestic enemies in Congress, the Courts, the federal bureaucracies and the mainstream media.

Their obstinate refusal to accept the cold hard fact that our ability to fight and survive the Long War in which we are embroiled requires not only "giving the orders" to our military to go around the world to seek out and destroy the enemies who fight us with guns and bombs, it also requires that their civilian leadership, their Commander-in-Chief, their elected representatives in Congress, and especially their military chain of command stand up and fight the necessary public relations and propaganda war against those domestic enemies who seek to undermine them at home.

Our superb military personnel have performed their duty magnificently overall, but they have been shamefully served at home by both the civilian leadership and the military's own fifth-column wing of political opportunists...

To reiterate, the problem is not that President Bush has been subjected to "pressures" - it's that his choices and decisions in responding to them have been terrible...

One final comment: it was not my intent to hijack this thread into a "Bush bash". I voted for him twice and have always supported him in the things he has done right. However, I felt it necessary to point out that these shameful prosecutions/persecutions of the Haditha marines and other similar politically motivated cases cannot be properly understood solely in terms of the actions of JAG and/or NCIS personnel and officers in the direct military chain of command.

These particular players are not the cause of these travesties - they are simply the symptom and the agents. They too are merely chess pieces in an elaborate political proxy war being waged by those same domestic enemies we have been discussing throughout these threads. And, the responsibility for the failure to fight the necessary political and public relations war to counter these forces goes all the way to that desk where the buck is supposed to stop.

Thanks again to you and to all the other Freepers here who have gone to such effort to post these threads and keep us informed during these tragic ongoing cases. I add my prayers that our brave troops will ultimately be cleared and that God will help them get through the shameful pain and damage their own country has visited upon them...

[RedRover]

Bump that! It raised my eyebrows, back when Murtha started all this, that the high-ticket suppliers oppose the war in Iraq. The belief, which very well may spring from honest patriotism, is that we’re diverting money away from next generation technology.

In helping to turn public opinion against the war, Murtha was just representing his own interests.

Incidentally, I don’t really believe Murtha cares much how these trials end up. He’s a god to the voters in PA-12, and the media has his back. No matter how the judicial process ends, Murtha’s mission is already accomplished.

[ktime]

"The Marine Corps is appealing a judge's ruling dismissing dereliction of duty charges against a battalion commander accused of failing to investigate the 2005 shooting deaths of 24 Iraqi civilians."

The USMC Brass has to appeal to save face.

If the Brass does not appeal, it will be a scandal for the JAG and Command.

They tortured all these combat Marines with phony charges and the JAG/Command actions would have brought dishonor upon the Corps for strictly politically correct reasons.

[RedRover]

Though in this case, it’s judge (Col Folsom) vs prosecutor (LtCol Sullivan). I’m not sure what the chains of command would like for the two sides, but I wish I could be a fly on some walls at Pendleton.

[lilycicero]

I am sure nothing surprises you at this point.

[Just A Nobody]

Disgusting...sickening...colossal waste of an outstanding military man, time, energy and taxpayer money!

ENOUGH!!!

Heading into seclusion for awhile.

[Blue Turtle]

The legal system did not do its job...if it wasn’t for the Savage Nation, this poor man would be locked up right now.

[brityank]

Was there any doubt that Sullivan would not appeal? After he was slammed by Folsom in front of the Media as well as his fellow JAGoffs? (Even though the Media buried it back on page 567!)

Time to crank up the letters again!

[jazusamo]

The prosecution’s zeal may be tied to the same grounds for dismissal -- undue command influence -- of the charges against the remaining Haditha defendant, SSgt Wuterich.

Very good point by Bruce Kesler and I don't think there's any "may" about it, I believe it's exactly the reason for the appeal.

Sullivan has to know if this appearance of UCI stands it will more than likely affect SSgt. Wuterich's case similarly.

If the whole appeals process goes its end, SCOTUS, it will possibly delay both cases for years and not just months and I believe that's what Sullivan and possibly others want. If that is the case they don't belong in the service of our country.

[jazusamo]

Helland does NOT have to go along with Sullivan’s decision to appeal.

I didn't realize that Helland had to sign off on this appeal, that puts a new light on it for me.

In effect it says that one of the general officers possibly involved in the appearance of UCI has a part in supporting the appeal of such a ruling.

That combined with a zealous prosecutor doesn't bode well for the UCMJ and the lower ranking officers and enlisted men.

Thanks for your post, xzins.

[brityank]

The last thing the President and on down the chain of command wants to give is the appearance of a cover up, even if the charges are total BS like they are here.
With respect, I'm fed up and out of patience with excuses for President Bush's constant failures of command and leadership. While cowering behind a "pretext" of not wanting to give "the appearance of a cover up" he has given us and, more importantly, these brave men for whom he was responsible and their families, the nightmare reality of being prosecuted/persecuted and their lives ruined simply for doing their duty.
I do believe if needed, President Bush would step in at the appropriate time. Right now he's let the legal system do it's job and up till now it's worked with this one.
Oh, it's "worked" alright. These men's lives and careers have been ruined and their families put through hell, both emotionally and financially. Even if they are all cleared eventually, that damage is irreversible. Worse than that, it's inexcusable, because everyone involved, including the prosecutors, the Marine Corps chain of command, Jack Murtha AND President Bush have known for a long time that this case was bogus, and that these men were operating properly under the rules of engagement.

Worst of all, this case, and the disgraceful spectacle of others of this type which the Bush administration has allowed to fester and refused to challenge in the court of public opinion have been devastating to the morale of our military and their families, and of immense aid and comfort to our enemies.

The moment Jack Murtha went on national television and publicly proclaimed that Marine generals had personally told him that these men committed "cold-blooded murder" President Bush had a responsibility to act. First he should have made a public condemnation of Murtha's prejudicial comments and demanded a public retraction and apology.

If Murtha refused, he next should have ordered both the military and the Justice Department to begin an investigation with a view to prosecution of either Murtha or the "generals". The logic is simple: either Murtha was lying, and thus tampering with and trying to influence an ongoing trial, or "certain generals" were in violation of the USMJC. Either way, those SOB's should have been the ones being hounded by the legal system...

This course of action would have provided President Bush with a perfect platform to use the bully pulpit to sell the American people on his war-time agenda and to put our "enemies domestic" on the defensive. Instead he passively sat back, allowed our enemies to frame the debate, and to his eternal shame, left those servicemen who looked to him for leadership twisting in the wind...

It is my hope that these men will all be ultimately cleared. Unfortunately, I believe that unlikely because the government's agenda is not justice at all. Moreover, others not so well connected, in other similar cases, have not escaped the corrupt military justice system.

And again, worst of all, these cases should not have happened at all...

Very well said, and bump / ping for visibility.

[RedRover]

Well said!

Just so there's no misunderstanding, I wasn't disagreeing with your point. I was just filling in the picture. It helps understand motivation--but doesn't excuse the end result.

BTW, the article about Ambassador Sumaidaie accusing Marines of murdering his cousin is HERE.

[darrylsharratt]

The Sharratt family would like to thank you for your support of our son and his Marine comrades. Your post here on FR is outstanding. Stephen Tatum and my son talked with me on numerous occasions about continuing their careers in the Marine Corps. That has now ended. We have begun the task of putting our lives together and will continue to fight for the complete exoneration of Lt Col Chessani and SSgt Wuterich.

God Bless Our Haditha Marines

Darryl, Theresa, Jaclyn, former LCpl Justin Sharratt

[Girlene]

If the whole appeals process goes its end, SCOTUS, it will possibly delay both cases for years and not just months and I believe that's what Sullivan and possibly others want.

Does anyone know what the chain of command is for Lt. Col. Sullivan? Doesn't someone above him have to sign off on this approach? What is the point of taking this to the Supreme Court possibly? The same for the CBS 60 minutes outtakes? How far will the prosecutor in the Wuterich case pursue an outtake becsuse they "think" there may be something damaging on it?

IF Lt. Col. Sullivan is also the prosecutor in the Wuterich case, he is dragging this out for some reason. Why?

[Cicero]

I agree with you. It would be counterproductive for Bush to be seen intervening in this case, and if he simply pardoned them, they would be widely seen as guilty, because of the reputation bill clinton gave to presidential pardons.

But. . . . It was Bush’s responsiblity as Commander-in-Chief to see to it that the military justice system was reasonably just. He has failed to clean out the corrupt and traitorous military lawyers that he inherited from his predecessors, and as a result justice clearly has NOT been done. And he has failed to speak up on behalf of the Haditha Marines as he has every right to do by confronting his fellow politician, Congressman Murtha, who has been one of the corrupt forces behind this whole business.

Bush failed to straighten out the FBI, the CIA, the State Department, the Department of Justice, and apparently the Naval Adjutant General’s Office, and he and our country are both suffering for it as a result. A president can’t do everything, and he has a monstrous bureaucracy to work with, but to all intents and purposes he hasn’t even STARTED cleaning out the mess that Carter, Clinton, and others imposed on these various agencies.

[xzins]

I would bet money that Gen Helland is someplace in Sullivan’s rating chain, as we Army types would call it. The Gen can let the LtCol know that he’s tired of it, that they lost. Let life go on.

[jazusamo]

No, Girl, I’m not sure of the chain of command for Sullivan. I was under the impression that the JAG service has their separate chain of command but don’t know that for a fact.

I don’t have informed answers for any of your questions but I wish I knew them all, they’re good questions.

[Girlene]

The lead prosecutor in the 60 minutes outtake appeal (in Wuterich’s case) is Capt. Nicholas Gannon, not Sean Sullivan. I don’t know who the other prosecutor is in that case. So now we have two proseuctors appealing two different military judge’s decisions in the Haditha case, and holding up forward progress for an indefinite period of time.

[RedRover]

Pinging you to post 113 from Darryl.

[RedRover]

Government Appeals LtCol Chessani Dismissal – Prosecution Turns into Persecution

Thursday, June 19, 2008

ANN ARBOR, MI – Late yesterday afternoon, military prosecutors filed an official notice that they are appealing the June 17th decision of Military Judge Colonel Steven Folsom, USMC, which dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds of unlawful command influence.

Prosecutors have 20 days in which to file their appeal brief to the Navy-Marine Corps Court of Criminal Appeals (NMCCA), which is located in Washington, D.C.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, reacted with outrage, “This case has turned into the persecution of one of the Marine’s finest combat commanders. LtCol Chessani devoted his life to the Corps and his Nation. He served three tours of duty in Iraq, away from his wife and children in defense of us all. In their attempt ‘to get’ Chessani, prosecutors granted immunity to seventeen Marines, including one they had charged with murder. Still they failed. Sadly, in the process they have destroyed the career of an outstanding officer. Enough is enough.”

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represents LtCol Chessani alongside his detailed military attorneys.

LtCol Chessani’s official 2006 Combat Fitness Report, which includes the time frame in which he is facing criminal charges, declared him “a superb leader, who knows his men, knows the enemy, knows his business, ” and recommended him for promotion. The reviewing Major General added, Lt. Colonel Chessani has “unlimited potential and value to the Marine Corps, ” and also recommended him for promotion.

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.