Ex-Marine from Pa. revises Murtha defamation suit [Fight for justice goes on]

The Associated Press ^ | Apr. 15, 2009 | JOE MANDAK

[RedRover]

PITTSBURGH - U.S. Rep. John Murtha shouldn't be immune from a defamation lawsuit for saying Marines killed Iraqi women and children "in cold blood," because the lawmaker's comments came outside the scope of his official duties, a former Marine's attorney said.

The attorney, Noah Geary, on Wednesday filed an amended federal defamation lawsuit on behalf of Justin Sharratt, 24, a former lance corporal from Canonsburg. The new complaint, which adds 13 paragraphs to a lawsuit originally filed in September, was prompted by the dismissal of a similar suit against Murtha by Staff Sgt. Frank Wuterich.

[kellynla]

I wish someone would inform the AP & the rest of the media that an “ex-Marine” is a Marine who has received a Dishonorable Discharge. All other Marines who are no longer “active” are referred to as as “former” Marines or as Marines; just as active Marines are referred. PERIOD!

[kellynla]

I wish someone would inform the AP & the rest of the media that an “ex-Marine” is a Marine who has received a Dishonorable Discharge. All other Marines who are no longer “active” are referred to as as “former” Marines or as Marines; just as active Marines are referred. PERIOD!

[freema]

Get 'em on the line, kelly. I'll tell 'em!

Justin is fighting like a Marine and fat bastard is fighting like a girl baby Hmmmmmm what is it?

[smoothsailing]

Here Ya Go, Ma!!!

[USMCPOP]

There are damned few “Ex-Marines”. Murtha is one in my opinion.

It is my good fortune to know many Marines, Marine Veterans and Retired Marines.

[lilycicero]

*sigh* I wanted you to be my first freeper to meet in person...but it was the lovely KansasGirl!

Defamation suit HAS to give Justin and Frank some closure.

[LetMarch]

The best thing, and only honorable thing Murtha can do is resign!

[RedRover]

Looks like you had a GREAT time! Wish I had been there.

[toothfairy86]

I used to work with Justin’s mother and met the whole family many times while working there. They are some of the most decent people you’d ever meet. Murtha is truly evil.

[Tribune7]

ping

[A.A. Cunningham]

There ain’t no such thing as an “Ex Marine”

BS: Ritter, Glenn, Garwood, Lonetree, Kovic, Dennehy, Dellums, Carville, McFarlane, Oswald, etc. ... Plenty of ex-Marines.

[A.A. Cunningham]

There is NO such thing as an ex-MARINE

BS

[freedumb2003]

>>BS: Ritter, Glenn, Garwood, Lonetree, Kovic, Dennehy, Dellums, Carville, McFarlane, Oswald, etc. ... Plenty of ex-Marines.

OK, give me credit for my defense of the 99.99% of Marines who have served us so well, please?

The Marine who is bringing this suit to protect not only him, but his brother Marines, is certainly NOT an Ex-Marine.

The idea of an Ex-Marine is anathema to all right thinking Americans, and certainly all Marines who are just post service.

I would like to think I had the right idea here. When I see the term “Ex Marine” I bristle — part of my schooling here at FR.

[smoothsailing]

OK, give me credit for my defense of the 99.99% of Marines who have served us so well, please?

I certainly give you credit.

A.A. Cunningham's meager list is proof that 99.99% of Marines will always be Marines, and I'm sure Cunningham would agree.

The problem is with the headline writers and journalists who are clueless to the meaning of the term "EX-Marine".

They don't get it, they have no clue that a cretin like Murtha is despised by Marines and is referred to by them as an "EX-Marine" as a way of cutting him out of the Corps and preserving the Corps' honor.

The same headline writers and journalists will never understand that a man like Justin Sharratt will always be a Marine, part of the eternal Corps that lives on with honor.

[4woodenboats]

Yep, that's me, waiting for someone to come tripping along and scoop up old number 2. At least #3 can make the claim that it's their decision whether to meet - after all, how many #3's have to look over their shoulder for #4? It'd never happen, the plot would be thicker than a Rodham ankle on Billy's butt kicking night.

Speaking of butt kicking, how'd your town do on Tea Day?

I did a short after action report on our locale page.

If I were to summarize it into one word, it'd be "gratifyingimpressiveheartwarmingandabitcharming".

There's some Great Americans here amongst the rubble, more on the way, and the land is amazing.

[freedumb2003]

>>The same headline writers and journalists will never understand that a man like Justin Sharratt will always be a Marine, part of the eternal Corps that lives on with honor.

Thanks, amigo. I know what I have learned about the concept of an “ex marine” and now I bristle when I see it posted — like fingernails on a chalk board.

People don’t appreciate how much FR is a place of education.

And how we must educate others.

Good night and God bless :)

(ps: we’re of accord on this, right AA?)

[xzins]

Let's first ask the question if it is just that a congressperson can make statements that are immune from prosecution simply because they originate from a person in congressional office.

It is legal, because it is constitutional. Yet, there are limitations.

They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

It appears to me in reading the above, that they are not immune if they have committed treason, felony, or breach of the peace.

Next,it appears that for speech or debate IN EITHER HOUSE, they are immune from questioning.

They can't commit crimes and speech that deals with their duties is immune.

To me, the conclusion is inescapable. If Murtha is immune for his pre-trial conviction of the Haditha Marines as murderers, then his duties include the trials of US service members. If that is so, if these trials are his duty, then he MUST BE a source from which Unlawful Command Influence can flow.

If the trials of service members are NOT his duty, then he should be prosecutable for maligning these Vets.

They can't have it both ways. Murtha's comments are either illegal or they constitute meddling in the trials, unlawful command influence.

[Girlene]

Very good points, xzins. The reasoning behind why the appeals court upheld Murtha's Westfall Act certification is summarized in this article, Murtha's immunity claim upheld in defamation suit

............"Drawing on Council on Am. Islamic Relations, Inc. v. Ballenger, in which the dismissal of another defamation suit against a congressman was upheld, Edwards wrote that "the underlying conduct – interviews with the media about the pressures on American troops in the ongoing Iraq war – is unquestionably of the kind that Congressman Murtha was employed to perform as a Member of Congress.""...........................

Murtha called these Marines cold-blooded murderes and claimed they were not involved in a firefight. He did speak about the pressures on the American troops but only after libeling these specific Marines and pointing out how their conduct would be prosecutable under the UCMJ.

Imagine if I were under investigation for running over my neighbor. I contend that he was standing in my driveway, there was black ice, and I just couldn't stop. Murtha comes out and says, "I know Girlene ran over her neighbor, intentionally. In fact the investigation will show that she never hit her brakes, she accelerated, then backed up over him. It was all due to the pressure of the economy. I tell you, it was the pressure!"

Now Murtha has just defamed me personally. He has claimed personal knowledge of the "facts". The investigation is still ongoing, but unfortunately, he holds the pursestrings over the local law enforcement's and prosecuting attorney's budgets. Should his personal attack be excused because he came up with some insane reason (the pressures of the economy) for his alleged accusation? Absolutely not.

In fact, he has made false claims, he has inserted himself in an investigatory process, the judicial process, and has libeled my good name. He has severely limited my presumption of innocence throughout the process.

Oh, and after several years, several hundreds of thousands of dollars trying to defend myself, still awaiting my day in court, the local prosecutor gives him a Distinguished Service Award for his help in the community. If that doesn't stink to high heaven of Undue Influence in my judicial process, I don't know what would.

The appeals court gave him cover using his inane reason, the pressures of the war, for his outrageuos comments. The appeals court judges should be ashamed.

[smoothsailing]

At least my hometown paper had enough sense to correct the headline!

http://www.observer-reporter.com/OR/Story/04-16-MURTHA-SUIT-HADITHA

[freedumb2003]

>>At least my hometown paper had enough sense to correct the headline!

http://www.observer-reporter.com/OR/Story/04-16-MURTHA-SUIT-HADITHA

<<

Nice to know there are SOME editors who know their butts from obama’s face!

Please do a LTTE and give ‘em a BZ!