TMLC: A Victory for Marine LtCol Chessani

Thomas More Law Center ^ | March 17, 2009 | (no annotation)

[Gene Eric]

ANN ARBOR, MI – Late this morning, the Navy-Marine Corps Court of Criminal Appeals sitting in Washington DC, released their unanimous decision upholding the dismissal of charges against Marine Lt. Col Jeffrey Chessani on the grounds of apparent Unlawful Command Influence.  But the case may not be over yet.

For the last four years, LtCol Chessani has been investigated and prosecuted for his involvement in the so called “Haditha Massacre” – a massacre that never happened.  A 22-year veteran, Chessani has served three tours of duty in Iraq.  He served in the First Persian Gulf War and in Panama.  At the time of the November 19, 2005 Haditha incident, he was the Battalion Commander of 3rd Battalion, 1st Marines (“The Thundering Third”) – one of the most decorated units in the history of the Marine Corps.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, observed, “LtCol Chessani, one of the most effective combat commanders we had in Iraq, was a made political scapegoat by the civilians in the Pentagon to appease the antiwar politicians and a liberal media.  In fact, we now know that the story of the ‘massacre’ that prompted the Haditha prosecutions was a headline in a Time news article instigated by insurgent propaganda operatives.”

[Velveeta]

After an incredibly long day at work and six hours driving hither and yon, I set out for home about an hour ago.

I found Savage on the radio and heard the announcement about LtCol Chessani!

The rest of the drive was a total blur through tears of joy.

God bless ALL our Military and thank you, God for this wonderful, wonderful news.

[hsalaw]

Thanks for the ping. This is good news, indeed. Just one more to go, and then I’m sure that old gasbag Murtha will humbly apologize for calling all of them murderers. HA!

[RedRover]

Sorry to be late to the party! We can only pray that the government does the right thing at last and does NOT appeal. Otherwise, this could go on and on and on and on....

[EDINVA]

News tonight is that even his Dem colleagues are ‘distancing themselves’ from him .. per a DOJ investigation. He should rot in hell, the old coot.

[Girlene]

Well, it's about time, Red! Here's the latest from CAAFlog, NMCCA issues Chessani opinion and Chessani: this took 9 months? . From the second article,

"Chessani is a strange little opinion. It's a unanimous unpublished opinion from a three-judge panel in an Article 62 case, which a CCA is statutorily required to expedite. It's hard to understand how it could have taken nine months from the government's appeal to the issuance of this opinion.

NMCCA first determines that the defense made a sufficient case to shift the burden to the government to demonstrate lack of unlawful command influence. In the key portion of its opinion, NMCCA then reasoned:..........

[Read More at CAAFlog..........]

"The opinion proceeds as if its ultimate destination is a total affirmance of the military judge's ruling, but then sharply veers off course near the end. Without providing any supporting explanation or analysis, NMCCA announces: "

We further conclude that the military judge's disqualification of Joint Forces Command organization, except to the extent that it involves Gen Mattis in his individual capacity, is not supported by factual findings in the record, and therefore is an abuse of discretion.

"The very next sentence states, "For the foregoing reasons, the Government's interlocutory appeal is denied." Huh? If NMCCA reversed part of the military judge's remedy, as it did in the preceding sentence, then isn't the government's appeal necessarily granted in part? Shouldn't the decretal paragraph have read that the appeal was denied in part and granted in part?

Having devoted nine months for the marginal benefit of undisqualifying Joint Forces Command members other than General Mattis, will the government finally get on with the merits of the Chessani case or is there a petition for en banc rehearing or certification in its future?" .....[Read More at CAAFlog]

---------Seems the appeals court agreed with everything Judge Folsom found for UCI, except that Joint Forces Command (other than Gen. Mattis and his SJA's) CAN rehear a new case if it is pursued further.

[bigheadfred]

Congratulations Lt. Col. Chessani! (High Five)

We are

similarly convinced that an objective, disinterested observer, fully informed of all the facts and circumstances, would harbor significant doubt about the fairness of this proceeding

Bet that has to be a really good feeling to wake up one morning, and realize (We are) what they swore to defend this country against. (Spit)

Congratulations(We are)!! (spit)

[tomkat]

That man looks very squared away

[Paperdoll]

Hey, Jaz! That is terrific news! Thanks for letting me know. God Bless America!

[Marmolade]

Great to hear some positive news these days.

[MinuteGal]

Congratulations are also due to the Thomas More Law Center for its yeoman's work in defending Captain Chessani.

It's comforting to know there are organizations across the country who do the Lord's work on behalf of conservatism, truth and justice. Bless them all.

Leni

[RedRover]

Hiya, Girl! How’s your good self? Hope you and the Boyene had green beer with your corn beef and cabbage in honor of the Auld Sod.

Thanks for those links. Wonder if Brian Rooney and the rest of the TMLA gang are as puzzled as the rest of us? If I hear anything interesting, I’ll spill the beans. You know me—Mr Chatterbox.

[jazusamo]

Hiya Doll! Yes, it is terrific news. Good to “see ya,” it’s been a while. :)

[Calpernia]

ping

[4woodenboats]

I just got to that part, and took it to mean that the judge can't step beyond the bounds of the case; that his ruling of UCI didn't neccesarily apply to all comers - it's not immunity against the entire Joint Forces Command, just pretty much everyone of record so far.

I think to further pursue Lt. Col Chessani, everyone involved in the investigations/prosecutions would have to recuse themselves as they never got rid of the taint.

Stretching things out a little farther, what evidence and which prosecuters are they going to use on Ssgt Wuterich?

Ewers tainted both the evidence and anyone he discussed it with, and that asshole went on TV.

[smoothsailing]

Congratulations Lt. Col. Chessani! (High Five)

[Lancey Howard]

The criminal charges against (Chessani) stem from a legitimate combat action taken by four enlisted Marines in his command after they were ambushed by insurgents in Haditha, Iraq, on November 19, 2005. (This cowardly ambush with an IED killed Lance Corporal Miguel Terrazas. - This note was added by Lancey Howard and should always be included by TMLC in their publications about this case.) Their actions resulted in the deaths of several ambushing insurgents. Unfortunately and tragically, several civilians were also killed in the house-clearing operation.

According to that alleged reporter at North County Times, the lazy Mark Walker, all those killed were civilians - - including women and children, of course.

[Dubya]

Thanks for letting me know.

[Girlene]

LOL, smooth. I High-Fived, then realized it was the wrong (actually, Right) hand. You must be a “lefty”. :-)

[smoothsailing]

You must be a “lefty”. :-)

YOU BETCHA!!! ;-)

[StarCMC]

I was a little nervous about posting it — don’t wanna get in hot water! But just cannot abide that moron!! LOL