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Murtha Fights Marine’s Defamation Lawsuit
CQ.com ^ | Nov 19 2007 | Kathleen Hunter

Posted on 11/19/2007 4:28:44 PM PST by camerakid400

Lawyers for Rep. John P. Murtha will appeal a recent ruling advancing a defamation lawsuit brought against the Pennsylvania Democrat by a U.S. Marine under investigation for killing Iraqi civilians.

Justice Department lawyers representing Murtha on Nov. 16 filed notice that they planned to appeal a federal district court judge’s Sept. 28 ruling allowing the lawsuit to proceed and ordering Murtha to give sworn testimony in the case.

Marine Staff Sgt. Frank Wuterich sued Murtha in August 2006, accusing the 17-term congressman of defaming him during a news conference last year on the Nov. 19, 2005 killings of Iraqi civilians in Haditha.

Wuterich charges that Murtha “publicly and falsely” accused him and other Marines involved in the Haditha incident of “cold-blooded murder and war crimes” and of attempting a cover-up, according to court documents.

Military prosecutors initially charged four enlisted Marines — including Wuterich — with murder and accused four officers of dereliction of duty for failing to adequately investigate the incident.

Charges against four Marines have been dropped and two others will face court-martial, but not for murder.

After a hearing that concluded Sept. 6, an investigating officer recommended Wuterich face court-martial for negligent homicide. Marine Lt. Gen. James Mattis, the commander charged with court-martial authority in the case, has yet to decide whether he will stand trial.

Murtha meanwhile had been ordered to sit for a deposition Nov. 27 to help determine whether he was acting in his official capacity as a U.S. government employee when he made the Haditha comments, as his lawyers have argued.

If the court determines Murtha indeed was acting in his official capacity, the U.S. government could be substituted as the defendant — a move that would effectively neuter the case because the federal government cannot be sued for libel.

But Wuterich’s lawyer, Mark S. Zaid, said Monday that the deposition now likely will be delayed, pending a determination from the U.S. Court of Appeals for the District of Columbia Circuit. The court will have to determine whether it has the jurisdiction to hear Murtha’s appeal at this stage or if it should wait until a lower court determine’s the fate of Wuterich’s lawsuit.

U.S. Attorney Darrell C. Valdez, who represents Murtha, did not respond to a request for comment.


TOPICS: Government
KEYWORDS: 110th; compassrose; defamation; lawsuit; markszaid; markzaid; murtha; murthawatch; wuterich; zaid
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To: Just A Nobody

We’re getting old, aren’t we? LOL

BTW, what happened to Pissant? I received a threatening FReep mail from the now-banned Im4Fred, whom I never heard of, mentioning something about Pissant banning.

What was this all about?


41 posted on 11/19/2007 5:14:45 PM PST by melancholy (Beware of Ho Chi Minh's offspring, Ho She Marx , invading the WH.)
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To: Just A Nobody

Just one of my pet peeves is when some despicable memeber of Congress like Murtha is called a “Congress Critter” In my view it makes them appear to be warm fuzzy and lovable like a little “bunny critter” ... that is NOT what I think of them ... but then again ... it’s just me


42 posted on 11/19/2007 5:15:33 PM PST by clamper1797 (Fred Thompson - Duncan Hunter for POTUS and Vice Potus in either order)
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To: lilycicero; Just A Nobody; 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; A.A. Cunningham; ASOC; ...

http://www.freerepublic.com/focus/f-news/1926326/posts?page=101#101


43 posted on 11/19/2007 5:27:20 PM PST by freema (Proud Marine Niece, Daughter, Wife, Friend, Sister, Aunt, Cousin, Mother, and FRiend)
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To: clamper1797
Gotcha! When I say "CONgre$$critter" I generally envision a money snorting RAT CONning the sheeple.

It's all in how we perceive the term.

44 posted on 11/19/2007 5:33:20 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: camerakid400

Hoo-AH, Marine!!

Murtha better be begging for mercy when Sgt. Wuterich gets done with him.


45 posted on 11/19/2007 5:35:48 PM PST by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: melancholy
Yes! Please...no further reminders. LOL!

Not sure what happened as I have been gone. I did receive the spam FRmail and read about the ban, but I missed it and I really miss pissant!

46 posted on 11/19/2007 5:36:22 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: freema

What a load of crap that is!


47 posted on 11/19/2007 5:39:11 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Just A Nobody
Hey, Justa! I miss pissant, too.

BTW, today is the second anniversary of the Haditha ambush and the death of LCpl Miguel Terrazas.

I hear some civilians got caught in the crossfire in Haditha as well. Well, that's what comes from letting men with AK-47s into your home.


48 posted on 11/19/2007 5:41:09 PM PST by RedRover (DefendOurMarines.com)
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To: infidel29
He needs to be sued and censured.

He needs to be standing on a corner with a cardboard sign instead of in the Senate.

Honorable, my butt.

49 posted on 11/19/2007 5:41:56 PM PST by Loud Mime (The Democrats made people believe that govt. lawyers are victims, whatta country!)
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To: RedRover

http://www.opinionjournal.com/editorial/feature.html?id=110010752


50 posted on 11/19/2007 5:45:00 PM PST by Loud Mime (The Democrats made people believe that govt. lawyers are victims, whatta country!)
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To: Bob
When/If it's determined that he wasn't acting in an official capacity, though, he should start paying his own lawyers immediately and stop using government-paid lawyers.

Not only that, but he should be required to reimburse the Department of Justice for the work they've already invested in the case: lawyers at $360 an hour, paralegals at $180 an hour. If Scooter Libby has to pay, then Jack Murtha has to pay.

51 posted on 11/19/2007 5:45:30 PM PST by Philo1962 (Iraq is terrorist flypaper. They go there to die.)
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To: Always Right

Always someone raining on my parade. ;^)


52 posted on 11/19/2007 5:46:15 PM PST by tioga (Over the river and through the woods to Grandmother's house we go...)
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To: RedRover
I hear some civilians got caught in the crossfire in Haditha as well. Well, that's what comes from letting men with AK-47s into your home.

One of the survivors, a 12-year-old Iraqi girl, was interviewed through an interpreter on CNN. She said that as the Marines' vehicles first approached, she knew the bomb was about to explode, so she covered her ears.

Think about that for a minute. She knew the bomb was about to explode.

If she knew the bomb was about to explode, so did every other adult in that village. In my opinion, every adult in that village was either an insurgent or a collaborator with the insurgents, and chose to use their own children as human shields.

53 posted on 11/19/2007 5:51:01 PM PST by Philo1962 (Iraq is terrorist flypaper. They go there to die.)
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To: camerakid400

ROTFL. It be great to have new King of Pork taken down.


54 posted on 11/19/2007 5:51:29 PM PST by lilylangtree (Veni, Vidi, Vici)
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To: camerakid400
Send a half dozen recently discharge Marines to his home turf and have them go door to door and explain things to the voters.
The voters need ti fire this traitor.
55 posted on 11/19/2007 5:52:43 PM PST by oldenuff2no (My dad ldft for Europe in)
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To: Philo1962
Not only that, but he should be required to reimburse the Department of Justice for the work they've already invested in the case: lawyers at $360 an hour, paralegals at $180 an hour. If Scooter Libby has to pay, then Jack Murtha has to pay.

Good point -- I hadn't thought about that.

56 posted on 11/19/2007 5:55:43 PM PST by Bob
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To: camerakid400
Murtha was in Johnstown not on the House Floor when he made these statements.

Murtha to Testify with two youtube vids
57 posted on 11/19/2007 5:59:49 PM PST by armymarinemom (My sons freed Iraqi and Afghan Honor Roll students.)
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To: gracesdad; Bob
if anybody can sue any congressman any time he or she says something critical

al-Murthawi did NOT just make some off-handed critical comment.

He accused our Marines of killing innocent civilians IN COLD BLOOD!

He was NOT on the House floor, there had been NO investigation, NO arrests, NO trials...in fact those Marines were still ON THE BATTLEFIELD in the middle of a WAR!

HUGE difference from making a "critical" comment about someone that would not result in the death penalty.

58 posted on 11/19/2007 6:01:58 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: RedRover
Hey there Red. Thank you for reminding us of the real tragedy that day. Prayers going out to the Terrazas family and of course our Marines.
59 posted on 11/19/2007 6:04:59 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: RedRover

http://www.photoshelter.com/gallery-img-show?G_ID=G00002Og9._65iEE&P_ID=&start=30&pagtotal=190


60 posted on 11/19/2007 6:10:56 PM PST by freema (Proud Marine Niece, Daughter, Wife, Friend, Sister, Aunt, Cousin, Mother, and FRiend)
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