[King of Florida]

Murtha is a fat, corrupt lout, but he is retired from the Corps. Thus, as far as I know, he is no longer subject to the UCMJ, which is a requirement for showing undue command influence. Art. 37, UCMJ, 10 U.S.C. § 837(a). Somebody correct me if I'm wrong.

[jazusamo]

The contention here by many FReepers and by defense attorneys for the different Haditha Marines is that by Murtha being ranking member and now Chairman of the Sub Committee on Defense Appropriations he is in a position of influence due to funding the military.

[RedRover]

Just to add to jazusamo's post above, Murtha's depostion could peel back the onion of potential command influence within the military. Murtha made a lot of public statements claiming that he had been told by Marines "at the highest level" that the LtCol Chessani, et. al., were guilty before the investigation was even complete.

Murtha himself can't be charged with command influence, but his deposition is key to proving that the trials are just for show.

[Lancey Howard]

Murtha is a fat, corrupt lout, but he is retired from the Corps. Thus, as far as I know, he is no longer subject to the UCMJ, which is a requirement for showing undue command influence.

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.

[xzins]

Murtha is a fat, corrupt lout, but he is retired from the Corps. Thus, as far as I know, he is no longer subject to the UCMJ, which is a requirement for showing undue command influence. Art. 37, UCMJ, 10 U.S.C. § 837(a). Somebody correct me if I'm wrong.

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.