Posted on 03/05/2008 12:48:32 PM PST by RedRover
SAN DIEGO – A judge has ruled that attorneys for a Marine lieutenant colonel cannot interview Democratic Congressman John Murtha over comments he made about an attack that left 24 Iraqis dead in Haditha. Attorneys for Lt. Col. Jeffrey R. Chessani wanted to depose Murtha about his claims that the Marines killed “in cold blood.”
A spokesman for Chessani said Wednesday that attorneys were notified by e-mail that a military judge denied the request.
Chessani's attorneys say they plan to appeal ruling during a motions hearing in April.
Chessani is charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Haditha shootings on Nov. 19, 2005.
You know, after reading his comments, I beleive Murtha made up a scenario in his own mind, or perhaps from the movies platoon, and applied it to this case when in fact, these men are innocent of these trumped up charges.
Murtha is a damn fool to railroad good godly marines because he is stupid enough not to have verified the facts before running his big mouth.
You are right about the fact that Murtha has exerted undue command influence to railroad these innocent marines and the fact that they are refusing to allow all the facts and excuse Murtha from trial investigation that would prove the defendents innocent is just plain evil. Another unjust case allowed to proceed so the fat cat Murtha can falsly charge an innocent man and men for fighting back in a firefight. The whole thing stinks.
It has long been said, “Once a Marine, always a Marine”. Murtha is the exception to that rule.....HE IS A TRAITOR.
He is a Traitor to The Marine Corps, he is a Traitor to his country and any fool that allows that jerk to remain in office is also a Traitor.
I know that some of the bible thumpers may beat up on me for this, but I hope this bastard dies slow and painful death... and then rots in Hell!
May God not have mercy on this bastards soul.
There are two sets of rules in the USA, one for the rich and elected thieves and the other for the rest of the people in the USA.
Any questions as to who gets screwed?
I believe the defense wanted Murtha's testimony to show that there was undue command influence on the part of the former Commandant of the Marine Corps.
Thompson could be alluding to that when he said....
In many ways this is a trial like the one in Alice in Wonderland—the verdict first and then the trial.”
Excellent point. It's like an infinite loop. I also wonder if the other judge, Lt. Col. Jeffrey Meeks, would have ruled the same way. As a matter of fact, isn't a deposition from Murtha being sought by Wuterich's attorneys? That's a different case and Meeks is probably not bound by Folsom's ruling.
Frank has the seperate defamation case against Murtha pending, I’m not aware of any action being taken by his attorneys in regard to Murtha on the military side. Red would know if I’m wrong about that.
Yes, Wuterich’s attorneys seek to “interview” Murtha.
I don’t know if that means taking a deposition under oath.
http://www.nctimes.com/articles/2008/02/15/news/top_stories/21_15_142_14_08.txt
Wuterich’s attorneys, like Chessani’s, want to show “undue command influence” as part of the defense and are seeking to interview Murtha as well as a couple of generals.
They want to question Murtha about where that information came from.
The judge’s refusal to let the defense determine the source of Murtha’s information is ITSELF arguable that the judge is being unlawfully influenced.
The undue command influence would be by the person/persons in the Marine Corps who TOLD Murtha that the Haditha Marines were guilty of cold-blooded murder. In other words, the highest leadership in the Corps was broadcasting its VERDICT prior to even an article 32 hearing.
That is undue command influence.
Legally, the President of the USA is in the chain of command of LTC Chessani, so if the President were to say, "Haditha Marines are guilty of cold-blooded murder." then that would clearly be a case of undue command influence.
Murtha is himself appointed by the constitution as one who is responsible for regulating the military. In his capacity as chief of congressmen who can hold MONEY over the heads of any service, then one can argue that he is in a position of influence and supervision over the Haditha Marines.
Let's hope they're real sloppy about it...and pray for some integrity...
Thanks for the ping. This is so horrible that this Judge did this. Very upsetting!
Ah, that makes a little more sense. The former Commandant is the one subject to the UCMJ who influenced things. Whether Murtha pressured the Commandant to exercise that influence might be relevant, but I take it that was or will be brought out in the Commandant's depo (and in any event the issue in terms of successfully showing undue command influence is whether the Commandant actually attempt to corece or influence the court martial).
It looks like a close call legally (not personally, of course) whether they should be allowed to depose Murtha. I would guess that it is ultimately within the judge's discretion, and Chessani would have to show on appeal that the judge abused his discretion (i.e., that no reasonable person would rule as the judge did). Tough row to hoe . . . but by no means impossible.
ROTFLOL!!
Surprise, Surprise...Murtha and his spokesman still have nothing to say.
Looks like they will appeal. Very glad to see this printed in his hometown paper.
Thanks for the ping, Smooth.
LOL! Mazonkey says “no comment” so often, he probably hears the words in his sleep.
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