Posted on 05/05/2009 6:35:34 PM PDT by RedRover
The Marine Corps may be closer to giving up its troubled prosecution of Lt. Col. Jeffrey Chessani...
~ snip ~
...a final decision on whether the case gets dropped rests with Marine Corps Commandant Gen. James Conway.
And if that happens, Chessani would become the seventh of eight Camp Pendleton Marines charged with crimes at Haditha to be fully exonerated.
~ snip ~
[SSgt Frank] Wuterich's attorneys plan to seek a dismissal of the charges against their client for the same unlawful command influence found in the Chessani case.
They haven't been able to file that motion, however, because his case is on hold after the Marine Corps appealed a judge's finding that outtakes of a CBS television "60 Minutes" interview with Wuterich contain nothing of value and won't be shared with prosecutors.
Wuterich attorney Neal Puckett said Tuesday that he will file a motion for dismissal as soon as a stay on further proceedings is lifted after a final decision on the "60 Minutes" issue is rendered.
"This case has gone on far too long and has really damaged Staff Sgt. Wuterich's career and personal life," Puckett said. "It's been terribly unfair."
(Excerpt) Read more at northcountytimes.com ...
Gene Eric posted an earlier thread on this topic HERE.
Thanks for posting this piece, Red. Walker wrote a good and unbiased piece.
I know it’s not over til it’s over but things are definitely looking better for both.
In any event, these are positive signs that justice may be done in our lifetimes!
I hope the Marine Corps promotes each of them one grade. Just to stick it to the idiots like murtha.
But Murtha already said that they were guilty!
(That is obviously outside the scope of his position; his rush to judgment was a clear violation of all notions of propriety; and, further, it is obviously aiding and providing comfort (in the form of legitimacy) to the enemy. Therefore: I consider him to be treasonous. )
Does anyone have a guess on when we'll know Gen. Conway's decision? Do you think he will drop the case?
Even if Gen Conway wanted to recharge LtCol Chessani, I can't imagine how he'd overcome the logistical problems. If I have my facts straight, the court decision regarded command influence precluded the commands of the I Marine Expeditionary Force (I MEF), Marine Forces Central Command (MARCENT), and General James Mattis, USMC in particular. So how does Gen Conway work around those restrictions?
There was terrific article by Mark Walker, who visited Haditha back in November 2008...
Any lingering animosity over the 2005 killings and the years-long military presence was not apparent.
"You guys are like brothers to us," a prominent sheik, speaking through an interpreter, told a contingent of visiting Marine officers. "The insurgents killed our people. We don't have forgiveness for them."
The sheik, Said Flayah Othman al-Jughayfi, along with the mayor of this city of 85,000 along the Euphrates River, are more interested in talking about economic development than revisiting darker periods in Haditha's history.
"Iraq was sick then," Mayor Abd al-Hakim Muhammad Rashid said. "Now, it is getting better, and I don't want to see anybody killed."
Residents here don't consider the 2005 civilian killings a "massacre." Instead, they call the slayings the "Haditha accident."
Thanks for this photo. It should help me have pleasant dreams.
Someone smarter than me just e-mailed to say that Gen Conway most likely will appoint another general, unconnected to the case, who’d decide whether to drop charges or start all over again.
Thanks for the ping. I have a gut feeling that Conway will do the right thing and end this disgraceful fiasco.
Heh, I just posted a reply and noticed your post #13. I can’t imagine Conway is that gutless.
But then, a lot of these generals have disappointed me lately.
The prosecutors involved have given aid and comfort to the enemy by their actions in pursuing these spurious charges. That’s is at least nominally treason. However, they were almost certainly discharging their duties in good faith. Therefor, they should NOT be prosecuted.
That said, they were certainly acting on orders from superiors who were/are motivated by political considerations. That is not “acting in good faith.” That is acting in self interest in a fashion that gave aid and comfort to the enemy. Thus, those who gave those orders should be prosecuted under the UCMJ. Not going to happen under zero’s regime, but that won’t last forever...
Speculation, which you’re welcome to take with the proverbial grain of salt, is that LtCol Chessani will be kept on the hook until the SSgt Wuterich case is decided.
According to this reading of the tea leaves, LtCol Chessani will be recharged whether anyone thinks a successful prosecution is likely or not.
We’ll see. At the moment, I doubt Gen Conway himself knows what he wants to do yet, so speculation is only based on the kind of decisions made so far.
Prayers going up for these two brave Marines.
That sounds like reasonable speculation with the way this fiasco has been handled from the beginning.
It’s more evident than ever this has been a PC “gotcha” thing to show the rest of the world we won’t tolerate accidental killing of non combatants.
Wait! At least seven were combatants.
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