Posted on 06/18/2008 7:22:37 PM PDT by RedRover
I don’t believe the judge would have had the authority to dismiss without prejudice, without the possibility of appeal.
I’d be happy to hear I’m wrong, but I thought that decision could only be made by the Convening Authority, Gen Helland, who is the “supreme” judge in the case. And Helland would act on the advice of his own legal staff.
Also, I don’t believe all miitary lawyers are JAGs. LtCol Sullivan, for instance, is a civilian lawyer and a Marine reservist. I believe he has a separate line of reporting, up to Gen Helland’s Staff Judge Advocate.
Pinging someone who knows far more than me.
Whatever the correct phraseology is, I believe you are correct.
The political situation that these fine Marines have been sucked into is outrageous, but the only way out is through the mud.
I believe these good men can and will get out, by going through.
I believe that those with eyes to see, will see - will see the ultimate value of men that endure.
I believe that the value of men that endure is eternal and incalculable.
And you're right about the value of endurance. Somehow these men and their families have found a strength they probably never knew they had. It's allowed them, by and large, to stand together. And that has been crucial.
Thomas More Law Center to Government - Time to End the Haditha "Fiasco"
ANN ARBOR, MI – For over two years, the federal government, the Far Left media and anti-war politicians have smeared the names of loyal Marines, spent millions of dollars to uncover the “Haditha massacre” that never occurred, and employed an army of Naval Criminal Investigative Service (NCIS) agents in what it described as the largest investigation in that agency’s history. To show for their efforts military prosecutors have lost 7 of the 8 cases they charged, the eighth case is still awaiting trial.
Earlier this week, the prosecutors suffered their latest setback when military judge Colonel Steven A. Folsom, USMC, dismissed all charges against LtCol Jeffrey Chessani, USMC, the highest ranking Marine officer facing “Haditha” charges. Despite this ruling, the government has indicated that it intends to pursue an appeal, which will continue the case and the expense of taxpayer money for many more months, if not longer.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center, which is representing LtCol Chessani in the court martial, commented, “The investigation and prosecution of the Haditha Marines has been a fiasco. A military command decision should end it now—for the sake of the Corps, our nation and the Marines involved.”
Thompson continued, “Colonel Folsom’s ruling is rock-solid. If the government wants to continue wasting taxpayer dollars pursuing this case on appeal, we are more than committed to defending the military judge’s ruling, even if it means taking the case to the U.S. Supreme Court. We intend to fight as tenaciously as LtCol Chessani’s Marines fought in Iraq. Enough is enough—it’s time to end this fiasco.”
In a detailed ruling, which took the military judge over an hour to deliver from the bench, the judge dismissed the charges on the basis of unlawful command influence, which he described as “the mortal enemy of military justice.” The government’s appeal will be heard initially by the Navy-Marine Corps Court of Criminal Appeals (NMCCA), which is located in Washington, D.C. A decision by that court could then be appealed to the Court of Appeals for the Armed Forces (CAAF) and then even to the U.S. Supreme Court.
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.
We eat your own during war? I don’t get it.
I did my bit and my son’s doing his now, and I always told him before he went in that once your in, you’ll understand how the military watches out for their people, something that civilians will never understand.
And then the chickenshit starts...
“What part of “sit down” by the military judge, Col. Folsom, did Lt. Col. Sullivan not understand?”
I’m afraid you misunderstood the judge. If he had meant the prosecution to sit down, he’d have dismissed WITH prejudice. That would mean they couldn’t refile charges. Essentially, he told them to do it over, and have someone make the decision to charge or not charge who wasn’t influenced by someone who was part of the investigation, or just give it up.
That, ladies and gentlemen, is what is truly motivating this entire debacle. It's a shame my generation didn't use more hard-core drugs and off themselves before they pulled this on another generation. I do so sincerely apologize and pray for justice. Son is still waiting to hear, but hope to be able to say “Semper Fi” shortly and truly have a dog in this hunt. Right now, I'm still just Civilian Jane feeling lower than whale caca that there are still folks who can do so much damage to those who are so brave.
“Any idea if the judge had filed WITH prejudice, if the prosecutors could still appeal?”
If he had ruled it dismissed with prejudice the prosecutors could NOT appeal. Basically, it looks to me, he smacked them upside the head and said do it right!
What I resent is that so many people don't know this, despite the many, many years we've been discussing it. I was a kid when Lt. Calley was tried and convicted. I enlisted several years afterward, and a couple of years before we pulled out of Vietnam. I spent 24 years in the Air Force, and I've been retired for over a decade, and the people who depend on us to protect them still don't understand how things work. They watch JAG on TV and think that's it! I am starting to get really, really irrigated over this.
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