Haditha Transcript: Where Judge Folsum Saw Injustice

CAAFlog.com ^ | transcript

[RedRover]

I never believed those kinds of moments actually happened. But then again...

[xzins]

I believe that Judge Folsum really lowered the boom in this opinion.

Do you concur?

Do you think this is likely to be studied?

[gunnedah]

It has been from the start. My family has always served but I will encourage my grandchildren not to. This country does not deserve the honorable men and women serving for us with the support our Congress gives them. It has been this way since Vietnam. America would explode without these Patriots and maybe the Libs will take charge and take us directly to hell and we have begged for it. America is no longer worth defending I am afraid.

[xzins]

This entire thing is really odd.

Based on what he was saying, Judge Folsum has some brass ones, doesn’t he?

His summary that an impartial observer couldn’t help but consider this unfair and flawed is absolutely clear. But when he adds to that that this is something about which there is no reasonable doubt, one wonders how an appeals court can muster up the courage to over-rule this man.

He’s basically saying that this is so clear that you have to be an idiot to miss it.

But, he left the system an out. Someone else can start the entire process all over again.

I wonder if Ewer’s original investigation would be considered tainted in a new trial? I would argue that Ewers subsequent clear prejudice against Chessani would cast considerable doubt on the neutrality of his investigating.....especially since the Bargewell report found no murders and no coverup. It sounds like Ewers was a dissenting voice in that investigation.

[river rat]

"America is no longer worth defending I am afraid."

The America we received as our birthright, IS worth defending.

The Leftists must pushed back under their rocks, and let the light of the REAL America be restored...

I am not prepared to surrender to the bastards - and before that is forced upon me, there is going to be one hell of a fight FIRST....a bloody fight.

[xzins]

BTW, I loved that movie.

Nicholson, while in real life probably a demented, immoral old soul, is also an excellent actor. I like cruise, too, but Cruise’s best movie by far is the “The Last Samurai.”

Nothing else he’s done comes close.

[jazusamo]

Agree with your post, Chaplin and especially with the judge on his statement about the impartial observer.

I don’t see how any appeals panel could reverse his ruling.

[jazusamo]

BUMP to that!

[Mr. Lucky]

Nice catch.

[xzins]

You’ve got to wonder what kind of appeals system would overrule a bird colonel judge who says he’s as close to certain as humanly possible that UCI tainted this trial.

The only thing they could say is: “Yeah, Ewers was present, but we don’t think it mattered anywhere close to as much as you think it did. We really do think he was a potted plant and not one soul observed his presence.”

[xzins]

My understanding is that the Convening Authority must preserve his neutrality. I wondered how he could do that with ANY of the prosecutors in his briefing room.

[Girlene]

WOW!!!!! Thanks for finding and posting this, xzins. There’s a lot in his explanation that will take a bit to digest. I’m impressed with what I’ve read of Judge Folsom’s decision.

[Girlene]

"Colonel Ewers, whose demeanor as a witness revealed him to be a senior officer who while on the stands was at times frustrated and exasperated and occasionally mumbling under his breath prior to responding to a question that posed a differing version of the facts than his."

That Folsum included this is telling. If Ewers couldn't control his mumbling when in a courtroom when someone said something he disagreed with, does one really believe he sat stone-faced in those legal meetings when someone said something he disagreed with.

Or did he "start mumbling under his breath" and all the lawyers then knew they had to go a different direction?

Absolutely, xzins. Col. Ewers couldn't control himself during this "motion hearing" or whatever it was. He blamed the Frontline producer for the words HE said about the Haditha situation. Sounds like the military judge used some plain ol' comman sense in his ruling.

[SeaHawkFan]

Colonel Ewers's interview of the accused was preceded by Article 31b rights warnings, which the accused waived,

Chessani is not guilty of anything, but that was a stupid decision. Had he told them to pound sand, he may not be in his current position.

[Ramius]

Is there any indication of any interest on the part of the prosecution to re-file and start over? Or is the thinking that they’re not inclined to do that?

[SeaHawkFan]

Chessani will never go to trial. Too many high ranking officials would be called to testify. Appellate court will tell the prosecutor to pound sand.

[SeaHawkFan]

Wow, I don’t think LTC Sullivan has very many friends right now. Don’t think he is ever going to be LTC(P) Sullivan.

[Girlene]

From the Judge's decision,

Colonel Ewers later interviewed the accused's immediate superiore at Regimental Combat Team-2; Colonel Davis; and the Commanding General, 2d Marine Division, Major General Huck; as well as the Chief of Staff, 2d Marine Division, Colonel Sokoloski. At the conclusion of his investigation, Colonel Ewers and other staff officers prepared draft findings and conclusions for the final report.

These findings and conclusions that Colonel Ewers shared ultimately posited that the chain of command including the accused was willfully derelect in the performance for their duties for failing to conduct an investigation into the circumstances surrounding the deaths of Iraqi civilians in Haditha on November 19, 2005.

AMAZING! Who received the three letters of censure that were publicly revealed (which was very unusual to have them made public)? Why, none other than Huck, Sokoloski, and Davis. Three Senior Marines are Censured in Haditha Case

[gunnedah]

I am with you and ready. I just hope we can prevail but for the first time in my life I am afraid this country has swung hard left because the Republicans failed to act when they were in charge. It is a real mess.I have no confidence in either party.

[Girlene]

Pinging the two of you to the judge’s statements on the UCI ruling in the Lt. Col. Chessani case. My, what a cozy little arrangement existed between the various players.