Murtha Fights Marine’s Defamation Lawsuit

CQ.com ^ | Nov 19 2007 | Kathleen Hunter

[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.

[444Flyer]

Stay strong Sgt. Wuterich! Thank you for your service.

[billmor]

Funny, the CNN video of Murtha condemning the Marines of Haditha is scrambled..Here is the URL to check it out..

http://www.cnn.com/video/#/video/world/2006/05/18/mcintyre.haditha.update.cnn

nothing like a little obstruction of justice eh ?

[romanesq]

The pork ad application is just brilliant! Bravo.

[Twombley96]

You know, Murtha ought to know better. Murtha is a former marine, but guessing by what he says about brother Marines, im sure a lot of you Marines think of him as Ex not Former.

Murtha is a hollow shell of himself, who used the sacrifices of the good men around him for his own personal gain. Point blank, the only difference between John Kerry and John Murtha, was the service they picked.

John Murtha doesnt deserve to be mentioned in teh same breath as his brother marines. Quite simply, hes a piece of crap. He (john murtha) is a peice of trash who earned his office by taking advantage of the men he served with to look respectable and honorable.

Honor, cannot be bought or borrowed sir, and you have stolen the honor and integrity of others. In true time, cheats liars theives, always show their true colors. You, Congressman Murtha, have shown that rule is true, and you have finally shown your depravity, dishonor, dishonesty, and your traitorous nature.

You, congressman murtha, are a piece of $#it.

ev

[advertising guy]

we ad guys have our moments.............lol

Bill Richardson as the original Metro-Mexican
is another

[Diamond]

Thank you for posting that picture. This is November 19th, the second aniversary of Miguel Terrazas' death in battle for his country, and for us.

Cordially,

[2CAVTrooper]

I hope that the SGT has the charges dropped, and that murtha gets his fat ass nailed to a wall.

[smoothsailing]

murtha and his minions will pull out all the stops, you know it and so do I...

But in the end, it ain't gonna matter, darlin', cause we'll put a boot in his ass....It's the American way...

Courtesy Of The Red, White, and Blue

[Just A Nobody]

Yeppers! ;*)

Thanks for the link...sniff...I've never seen it before. Awesome and our guys sure liked it.

[Girlene]

Looks like Murtha will breath a little easier for a while now that the DOJ plans to appeal the federal court's ruling. But I doubt his worries are over. According to Zaid, the US Court of Appeals, DC, will determine whether it even has jurisdiction at this point or whether they should let the deposition continue.

The ruling at the end of September by federal court was only for a deposition. Their point was that Murtha couldn't summarily have the DOJ dismiss any of his words saying he was officially working as a govt employee and was therefore protected from libel. The deposition was ordered to determine whether he was or wasn't talking officially.

The Court of Appeals may simply say Murtha can't appeal this until the lower court has their deposition and determines if the suit should go forward or stop with that. I guess I don't understand why the Court of Appeals would take this now since nothing's been determined at this point, hence, there's nothing to appeal.

[caisson71]

Your last sentence is the kick in the posterior that hurts.

[4woodenboats]

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.

Yup.

[fontman]

I consider Murtha an ex-Marine, as well as Lee Harvey Oswald and Clayton Lonetree.

As the current Sergeant Major of the Marine Corps said at our Retiree’s Birthday Ball last Saturday evening, there is no such thing as a “former” Marine.

We are Marines from the day we graduated boot camp until the day we die, and beyond.

Semper Fidelis,
fontman
Retired master sergeant of Marines
1970-1990

[Marine_Uncle]

"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."

What a total load of *hit. The blithering fool condemned military personnel prior to any pre-trial findings. Bush senior a number of years ago on a presidential debate stage with the BJ king, with one hand in his pocket, made an offhand remark that all should beware of the lawyers.
Yet another example of how sleazy these types can be in the name of making money.

[Ironmajor]

This lawsuit by the Marine should proceed - Murtha should have remembered that he WAS a Marine, and Marine officers are supposed to take care of Marines. Murtha has prejudiced the case. Hopefully this lawsuit will proceed, and rule in the Marine’s favor - maybe this will shut off some of the reserve tanks of hot air that politicians are able to bring up out of their magazines. If I were the judge, heard the evidence, and then ruled against Murtha, part of my judgement would be to strip Murtha of the title “U.S. Marine” - because he sure ain’t one in my book. I hope I never see him wearing a USMC lapel pin or tie tack - it might be unceremoniously removed from his person lapel or tie since he has not proven himself to remember that he ever was one. Some Marines, not many, hang their morals, ethics and standards up with their Globe and Anchor on the way over the side. Murtha has done more than that, I think he has slipped his cable. He is a disgrace to our Corps, I would never call him a “fellow Marine” for he is not.

[OESY]

I sure hope the justice department has their 3rd string working this.




Defense Counsel John Gibbons Stutters His Way Through Opening Statement




Gibbons: Well, now, uhhhhhhh, ladies and gentlemen of the jjj - of, of, of, of the jjjj - um, jury! Um, on, on, on, on January fffffffffffff-fourth of this year my client did indeed, uh, visit the Sack-o-Suds....convenience store. But - But, he didn't, um, kill anyone. He - He, uh, um, uh --




We - We intend to prove that the pppppppppppp -prosecution's case is circumstantial and, and, and, and, and, oh, uh, coincidental.
Thank you.




Rothenstein: That's it? What about everything we talked about?
Gibbons: Well, I get a little nervous.
Rothenstein: A little nervous?
Gibbons: I'm gettin' better.


No doubt only the very best Clinton appointees to the Justice Department will be assigned.

.

[Just A Nobody]

If I were the judge, heard the evidence, and then ruled against Murtha, part of my judgement would be to strip Murtha of the title “U.S. Marine”

It needs to be done, but the cowards in our system do not have the...guts. Thank YOU for your service!

[stimpy17]

SOAB!!
As a PA resident I’m going to pay for this blow-hard’s defense???

[johnny7]

murtha......the other white bitch

I like...

[NonValueAdded]

LOL to your post but not the situation. Cousin Vinny indeed!