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Marine's charges dropped in Haditha deaths 
General: 'The evidence does not support a referral to a court-martial'

A general dropped all charges Thursday against a Marine who had been accused of killing three Iraqi brothers in response to a roadside bomb attack in Haditha in 2005.

"The evidence does not support a referral to a court-martial," Lt. Gen. James Mattis wrote in his written decision.

Lance Cpl. Justin L. Sharratt, 22, had been charged with the murder in the deaths of three of those killed after the bomb attack Nov. 19, 2005.

The decision to drop the charges followed an earlier recommendation from a hearing officer who listened to evidence in the case. Under military law, a commanding general has total jurisdiction over a case.

In his recommendation, Lt. Col. Paul Ware said murder charges brought against Sharratt were based on unreliable witness accounts, poor forensic evidence and questionable legal theories.

"The government version is unsupported by independent evidence," Ware wrote in an 18-page report. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."

Haditha charges against another Marine reduced
Murder counts in politically inspired prosecution dropped

Charges against another U.S. Marine caught up in the political fallout from an ambush in Haditha, Iraq, in 2005 have been reduced, officials have confirmed.

Authorities at Camp Pendleton, Calif., said in a statement that the remaining charges against Staff Sgt. Frank Wuterich, who was accused of leading the campaign that resulted in the deaths of two dozen Iraqis, are "voluntary manslaughter, aggravated assault" and others.

But Lt. Gen. Samuel Helland, the U.S. Marine Corps Forces Central commander, "dismissed the charges of unpremeditated murder, soliciting another to commit an offense and false official statement," according to a Reuters report.

Eight Marines originally were accused in the case, in which they were assigned to clear suspected terrorists from a series of buildings in Haditha after a Marine convoy was hit by a roadside bomb.

Lt. Col. Jeffrey Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado, is facing a court-martial for the events of that day, even though he was not on the scene. Lance Cpl. Stephen Tatum also has been ordered to be court-martialed. The case against Cpl. Andrew Grayson also remained pending.

Two other officers, Capts. Randy Stone and Lucas McConnell, have had their charges dismissed. Charges against Sgt. Sanick P. Dela Cruz also were dismissed, as were charges against Lance Cpl. Justin Sharratt.

The prosecution came about after U.S. Rep. John Murtha, D-Pa., publicly accused the Marines of killing Iraqi civilians "cold blood."

Chessani, the top officer accused, is being represented by The Thomas More Law Center. His trial tentatively has been scheduled to begin April 28, 2008.

"We have the absurd situation of Lt. Col. Chessani being charged with failing to report and investigate a crime that never occurred," said Richard Thompson, the president and chief counsel for the Thomas More Law Center. "Every American should be outraged at the way this dedicated Marine and his family are being treated by the nation he so loyally defended."

Chessani faces criminal charges that he failed to properly report and investigate a possible "law of war" violation for the Nov. 19, 2005, house-to-house battle that involved four Marines from his battalion. If convicted, Chessani faces more than two years in prison, a dishonorable discharge and loss of all retirement benefits.

However, multiple investigations have revealed no wrong-doing by the 20-year Marine officer who served in the Panama Invasion, the Persian Gulf War and three tours in Iraq, the law center said.

"Every patriotic American has a stake in the outcome of this case," Thompson continued. "A U.S. Army colonel and an Army general conducted two separate investigations, and came to the same conclusion: there was no 'massacre' and no 'cover-up.'

"Yet the government still pursued a multi-million dollar investigation in order to appease an anti-war politician and the 'blame America first' media," he said.

The law center reported the charges against Chessani "were incited by an inflammatory Time magazine headline accusing Marine enlisted men of 'massacring innocent civilians.' The story was planted by known terrorist propaganda operatives, and has since been discredited.

"Anti-war Congressman John Murtha, who holds major influence over military appropriations, in an unprecedented action publicly accused Marine officers of a 'cover-up' and enlisted men of killing 'in cold blood' even before the investigation of the incident was completed," the law center said.

"Subsequent investigations have specifically found no 'cover-up' at any level of command, and have exonerated several of the Marines involved," the law center said.

The charges stemmed from the actions of four Marines who came under fire from a coordinated al-Qaida-led ambush in Haditha. It was not long after 7 a.m. when an improvised explosive device exploded under one of the four Humvees in a supply convoy, killing one Marine and injuring two others.

Simultaneously the Marines came under gunfire from nearby homes, and the four-man Marine fire team was ordered to clear the houses of insurgents, and the resulting house-to-house firefight left 15 civilians dead, the law center said.

For months after the attack, not a single superior officer suspected a law of war violation, and Chessani was commended on a job well done.

However, when the Time magazine article appeared and Murtha lodged his accusations, the Marines were targeted, the law center said.

Defense team wants Rep. Murtha to testify at court-martial

The legal group representing a Marine officer facing a court-martial over the deaths of Iraqi civilians says it wants Congressman John Murtha to testify at the trial.

A trial date of April 28 has been set for Lt. Col. Jeffrey Chessani (USMC). The battalion commander has been charged with not fully investigating the events at Haditha, Iraq, and failing to report a Law of War violation, during the November 19, 2005, incident that led to the unfortunate death of 24 Iraqi civilians.
 
Brian Rooney with the Thomas More Law Center -- which is representing Chessani -- says Congressman Murtha (D-Pennsylvania) was among a group of high-level individuals who attended a briefing held by then Commandant of the Marines, General Michael W. Hagee.
 
"All of those people came out of that initial meeting saying some pretty negative things about the Marines. So whatever was briefed to them was pretty bad, basically intimating that the Marines had done something wrong or potentially illegal," Rooney details. "And Congressman Murtha went nuclear on it and called the Marines cold-blooded murderers and [claimed] that the officers had covered it up."
 
Rooney says his firm wants to know if Murtha got that language from General Hagee. "If he did get it from General Hagee, then that could have a chilling effect on all officers that might be judging this case," adds Rooney. "... [T]heir attitudes might conform to the attitudes of that of the Commandant or Secretary of the Navy or the Secretary of Defense."
 
The Thomas More Law Center believes the charges against Colonel Chessani should have been dropped long ago and not been referred to court-martial.

Murtha granted exemption from explaining
Judge: Congressman won't testify about Haditha accusations

A member of Congress who publicly condemned U.S. Marines fighting the war on terror in Iraq for killing civilians in "cold blood" is being granted an exemption that means he will not have to answer questions about his statements, including his earlier explanation that his information came from the highest levels of the Marine Command.

The exemption has come in a military court proceeding against Marine Lt. Col. Jeffrey Chessani, one of four Marines still facing charges in the battle that erupted when a team of his Marines was attacked by insurgents in the city of Haditha.

Murtha's statements are key to the defense of Chessani, according to officials with The Thomas More Law Center, which is representing Chessani against the charges.

"If you go back [to Murtha's description] there was no [Improvised Explosive Device], there was no firefight, it was like there was a phantom menace," said Brian Rooney, a spokesman for the center, told WND.

"However we have the firefight on video. You can't deny it," Rooney told WND after a recent two-day motions hearing in Chessani's case came to a conclusion.

But now the hearing officer, Col. Stephen Folsom, has exempted Murtha from having to answer any questions.

"Military Judge Col. Stephen Folsom's, USMC, ruling yesterday refusing our request to take the deposition of Congressman John Murtha, D-Pa., is the latest indication that it will be impossible for Marine Lt. Col. Chessani to get a fair trial regarding [the] Nov. 19, 2005, Haditha incident," said Richard Thompson, chief counsel of the Thomas More Law Center.

"This entire prosecution is politically motivated and stinks to high heaven. Denying us the right to take Murtha's deposition so that we could show undue command influence, as well as denial of our request for production of documents in the possession of Lt. Col. Chessani's superiors makes it impossible for us to render this loyal Marine officer the effective assistance of counsel he deserves – they are attempting to throw him under the bus," Thompson said. "In many ways this is a trial like the one in 'Alice in Wonderland'' – the verdict first and then the trial."

Chessani is accused of "dereliction of duty" and "orders" violations for the terrorist attack in Haditha, Iraq. At the time, Chessani was battalion commander of the 3rd Battalion, 1st Marine Regiment, which is one of the most decorated battalions in the nation's history.

There were 14 Marine casualties, one Marine killed in action and 13 others injured. The insurgents were hiding amongst women and children in civilian homes, and 15 civilians died in the firefight between the Marines and insurgents.

But the law center said months before the investigation was finished, Murtha "made the rounds on TV news programs claiming there was no firefight in Haditha on Nov. 19, 2005, and that the Marines killed innocent Iraqi civilians in 'cold blood' and officers 'covered it up.' Murtha publicly stated he received his information from the highest levels of the Marine Command – this statement in itself is enough to cause a dismissal of the charges because of undue command influence."

Murtha, the law center noted, "holds significant influence over military appropriations and in the past has boasted he can get the Pentagon to do what he wants."

Murtha also has ties to Navy Secretary Donald Winters, who assigned five dozen investigators to look into the Haditha allegations.

"In the next couple of weeks we will reveal startling facts tracing the impetus for this prosecution to the highest levels of military and civilian command," Thompson said.

"We remain undaunted despite these latest rulings. We will continue to vigorously defend Lt. Col. Chessani against this politically driven prosecution. At least one more motion hearing is scheduled in April, and we intend to file several more motions that will be argued during that time," Thompson said.

The law center had wanted to question Murtha, the same congressman who was caught on tape negotiating bribes with Arab sheiks during the FBI's 1980 Abscam investigation and was an unindicted co-conspirator in the case, about his comments because of his well-known anti-war stance and the fact the Haditha claims were ammunition for his political perspective, the law center said.

The defense team had presented five motions in the hearing. They included: a motion to compel the deposition of Murtha, a motion to dismiss all of the charges due to their constitutional vagueness, a motion to dismiss some of the charges because the same allegations have been charged in multiple ways, a motion to compel discovery that the government has kept from the defense because the government judged it was not relevant, and a motion for a new Article 32 hearing because the last hearing was defective.

Brian Rooney, a Marine veteran and attorney for the Law Center, said the most dramatic testimony during the motions hearing came from Marine intelligence officer Maj. Jeffrey Dinsmore.

He said Dinsmore told the judge about the intelligence provided to the Marines that they should expect an attack, and the video showed the attack and provided confirmation that the attack had been carried out by insurgents in Iraq.

He said Dinsmore provided to the judge the same "story board" Marine intelligence officers used to brief Chessani after the attack.

Rooney said the documentation showed how the insurgents' IED exploded, killing one Marine and injuring several others, and how the Marines tracked the fleeing insurgents through several homes, eventually leading to a home Chessani ordered attacked.

"The followup showed one of the insurgents escaped, hid in a house, and Col. Chessani ordered the house surrounded. When he [the insurgent] finally came out, he was carrying a baby, with a family around him," Rooney said.

At the time the attack happened, the case was investigated through the Marine chain of command with no allegation of inappropriate action. But then months later, a Time magazine story, "planted by an insurgent propaganda agent," according to the law firm, raised the profile of that particular battle, prompting Murtha to make his public accusation that Marines murdered civilians in "cold blood."

The actual court-martial for Chessani is scheduled to start April 28, 2008.

Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado, was one of eight originally accused in the case.

Lance Cpl. Stephen Tatum also has been ordered to be court-martialed and the case against Cpl. Andrew Grayson also remained pending, as does the case against Staff Sgt. Frank Wuterich, although the charges against him were reduced.

Two other officers, Capts. Randy Stone and Lucas McConnell, have had their charges dismissed. Charges against Sgt. Sanick P. Dela Cruz also were dismissed, as were charges against Lance Cpl. Justin Sharratt.

Military judge denies Congressman Murtha deposition

The law firm representing a Marine officer facing a court martial over his handling of the so called "Haditha incident" says it's client is being thrown under the bus for political reasons, and that a fair trial might be an illusion.

A military judge has ruled that the Thomas More Law Center cannot depose Congressman John Murtha (D-Pennsylvania) to testify at the court martial of Lieutenant Colonel Jeffrey Chessani.  Chessani is charged with failing to fully investigating the events at Haditha Iraq, and failing to report a Law of War violation. The alleged violations took place during November 19, 2005 and resulted in the unfortunate death of 24 Iraqi civilians.

Thomas More spokesman Brian Rooney says Murtha was among a group of high-level individuals who attended a briefing held by then Commandant of the Marines General Michael W. Hagee. During the briefing, Murtha brought into question the possibility of unlawful command influence, something that can cause a case to be thrown out.

"And so with Congressman Murtha saying...he got this information from the then Commandant and the highest levels of the Marine Corps, we need to know who the highest levels of the Marine Corps are and if in fact it was Commandant Hagee," clarifies Rooney. "...and with the judge denying [testimony from Murtha] -- we're exploring our options about whether or not we can appeal that to a higher court."

Rooney says with or without Murtha, the Thomas More Law Center intends to move forward with a motion contending unlawful command influence in the case against Colonel Chessani. He believes the government is doing everything it can to throw their client under the bus.

Rumsfeld 'politicized' Haditha case with 'shadow body'
'A clear signal to top generals ... to hold individuals criminally responsible'

Former Secretary of Defense Donald Rumsfeld set up a "shadow body" to oversee the investigation into Marines who had been condemned publicly by U.S. Rep. John Murtha, D-Pa., following a firefight in Haditha, Iraq, according to a law firm defending one of the servicemen.

"The hysteria and media firestorm over Abu Ghraib and the Pat Tillman investigations led to fear of a similar media reaction to the Haditha incident, causing the military's civilian bosses to set up this shadow oversight body," said Richard Thompson, president and chief counsel of the Thomas More Law Center.

His firm is defending Lt. Col. Jeffrey Chessani from charges stemming from the Marines' Haditha encounter with insurgents.

"This extraordinary action politicized the military justice system and was a clear signal to top generals that they were expected to hold individuals criminally responsible. The investigation turned into a quest for a prosecution – not justice," Thompson said.

The law firm said its confirmation of this "shadow body" may well be "the most damning evidence of the political motivations and influence over the ongoing prosecutions."

The Marines are being prosecuted criminally for their house-to-house battle to ferret out ambushing insurgents Nov. 19, 2005. The insurgents fired on Marines while hiding among women and children in homes in the Iraqi town.

The firefight resulted in the deaths of 15 civilians, "a result the insurgents wanted to happen," the national public interest law firm said.

Even though details of the battle and the civilian deaths were reported throughout the chain of Marine command at the time, all officers, including top generals, determined it was a tragic and unfortunate consequence of urban warfare and the Marines were justified in their actions to defend themselves.

Thompson previously said a Marine judge's refusal to allow Murtha to be questioned about his statements and where he got his information about the case – Murtha described the Marines as shooting civilians in "cold blood" – indicated a political influence on the outcome.

"Denying us the right to take Murtha's deposition so that we could show undue command influence, as well as denial of our request for production of documents in the possession of Lt. Col. Chessani's superiors, makes it impossible for us to render this loyal Marine officer the effective assistance of counsel he deserves – they are attempting to throw him under the bus," Thompson said. "In many ways this is a trial like the one in 'Alice in Wonderland'' – the verdict first and then the trial."

Chessani is accused of "dereliction of duty" and "orders" violations the Haditha incident. At the time, Chessani was commander of the 3rd Battalion, 1st Marine Regiment, one of the most decorated battalions in the nation's history.

There were 14 Marine casualties, one Marine killed in action and 13 others injured when insurgents attacked from occupied homes.

Even before the investigation was complete, Murtha "made the rounds on TV news programs claiming there was no firefight in Haditha Nov. 19, 2005, and that the Marines killed innocent Iraqi civilians in 'cold blood' and officers 'covered it up,'" the law firm said. "Murtha publicly stated he received his information from the highest levels of the Marine Command – this statement in itself is enough to cause a dismissal of the charges because of undue command influence."

Murtha's comments, and the resulting investigation, followed an "inflammatory Time Magazine article written by reporter Tim McGirk – later proven to be false – calling the deaths of the civilians a massacre," the law firm said. It said the information had been planted by a "known al-Qaida propaganda operative."

The law firm said proof the investigation was a political vendetta, rather than the pursuit of justice, "is supported by several details of the investigations, including:"

    * "An admission by the director of the Naval Criminal Investigation Service that more than 65 investigators were assigned to the case, which in his opinion was the largest investigative effort in department's history."

    * "Formation of 'Legal Team Charlie' composed of military lawyers reassigned from other units and reserve officers activated for the purpose of prosecuting this case – all highly unusual."

    * "The Secretary of Navy countermanded a determination by Gen. James Mattis, USMC, that Col. Stephen Davis, USMC, Lt. Col. Chessani's regimental commander, would receive a Non-Punitive Letter of Caution, which would not be part of his permanent record. Gen. Mattis' decision was overridden by the Navy Secretary, who ordered a Letter of Censure, a more severe punishment, which effectively ended this fine Marine officer's career. As the consolidated convening authority in all the Haditha investigations, Gen. Mattis' decision, under normal circumstances, would be absolute and final."

Thompson said he is "deeply troubled by the fact that the desire to appease the liberal anti-war press and politicians has led to the prosecution of innocent Marines for purely political purposes."

"These prosecutions will become a scandal of historic proportions unless terminated by independently minded and virtuous military judges," he said.

A motion raising the issue of "Undue Command Influence" already had been filed on behalf of the defendants, and the Law Center now will file its own motion on behalf of Chessani.

After 20 years of service to the Marines, he faces potential maximum punishment of three years in jail and dismissal and loss of retirement benefits, the law center said.

Spokesman Brian Rooney for the law center told WND that while Murtha's position was that there was no firefight, parts of the battle actually were captured on video.

The court-martial for Chessani is scheduled to begin April 28.

Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado, was one of eight originally accused in the case.

Lance Cpl. Stephen Tatum also has been ordered to be court-martialed, and the case against Cpl. Andrew Grayson also remained pending, as does the case against Staff Sgt. Frank Wuterich, although the charges against him were reduced.

Two other officers, Capts. Randy Stone and Lucas McConnell, have had their charges dismissed. Charges against Sgt. Sanick P. Dela Cruz also were dismissed, as were charges against Lance Cpl. Justin Sharratt.

Another defendant in 'Haditha' cleared
Charges against Marines followed verbal attack by Democrat Murtha

Charges against a fifth Marine over a firefight with insurgents in Haditha, Iraq, in November 2005 have been dropped, leaving counts pending now against only three of the eight originally accused by military authorities after U.S. Rep. Jack Murtha, D-Pa., launched a verbal assault on the U.S. military forces.

Charges already had been reduced against Lance Cpl. Stephen Tatum from murder to involuntary manslaughter, reckless endangerment and aggravated assault.

But the military announced today, just before his court martial was scheduled to begin, that even those charges had been dismissed "in order to continue to pursue the truth-seeking process into the Haditha incident," according to a statement from Camp Pendleton, near San Diego.

Four Marines originally were accused of murder and four officers accused of covering up the incident.

The military statement did not make clear whether Tatum agreed to testify in return, or whether charges could be re-filed in the future, according to Agence France-Presse.

The Marines engaged in a house-to-house firefight with insurgents in Haditha Nov. 19, 2005. The insurgents fired on the Marines while hiding among women and children in homes in the Iraqi town.

The firefight resulted in the deaths of 15 civilians, "a result the insurgents wanted to happen," according to officials with the Thomas More Law Center, a national public interest law firm representing the top officer involved, Lt. Col. Jeffrey Chessani.

Even though details of the battle and the civilian deaths were reported throughout the chain of Marine command at the time, all officers, including top generals, determined it was a tragic and unfortunate consequence of urban warfare and the Marines were justified in their actions to defend themselves.

The charges weren't filed until after Murtha publicly described the Marines as shooting civilians in "cold blood."

Chessani is accused of "dereliction of duty" and "orders" violations for the Haditha incident. At the time, Chessani was commander of the 3rd Battalion, 1st Marine Regiment, one of the most decorated battalions in the nation's history.

There also were 14 Marine casualties, one Marine killed in action and 13 others injured when insurgents attacked from occupied homes.

But even before the investigation was complete, Murtha "made the rounds on TV news programs claiming there was no firefight in Haditha Nov. 19, 2005, and that the Marines killed innocent Iraqi civilians in 'cold blood' and officers 'covered it up,'" said officials with the Thomas More Law Center. "Murtha publicly stated he received his information from the highest levels of the Marine Command – this statement in itself is enough to cause a dismissal of the charges because of undue command influence."

Murtha's comments, and the resulting investigation, followed an "inflammatory Time Magazine article written by reporter Tim McGirk – later proven to be false – calling the deaths of the civilians a massacre," the law firm said. It said the information had been planted by a "known al-Qaida propaganda operative."

Charges against Capts. Randy Stone and Lucas McConnell earlier were dismissed, as were counts against Sgt. Sanick P. Dela Cruz and Lance Cpl. Justin Sharratt.

Remaining cases include counts against Cpl. Andrew Grayson and Staff Sgt. Frank Wuterich as well as Chessani.

As WND reported, the firm defending Chessani has alleged the entire case is a political vendetta.

The organization reported former Secretary of Defense Donald Rumsfeld set up a "shadow body" to oversee the investigation into Marines.

"The hysteria and media firestorm over Abu Ghraib and the Pat Tillman investigations led to fear of a similar media reaction to the Haditha incident, causing the military's civilian bosses to set up this shadow oversight body," said Richard Thompson, president and chief counsel of the Thomas More Law Center.

"This extraordinary action politicized the military justice system and was a clear signal to top generals that they were expected to hold individuals criminally responsible. The investigation turned into a quest for a prosecution – not justice," Thompson said.

The law firm said its confirmation of this "shadow body" may well be "the most damning evidence of the political motivations and influence over the ongoing prosecutions."

"These prosecutions will become a scandal of historic proportions unless terminated by independently minded and virtuous military judges," Thompson said.

A motion raising the issue of "Undue Command Influence" already had been filed on behalf of the defendants, and the Law Center now will file its own motion on behalf of Chessani.

Jury acquits another Haditha Marine
Verdict eliminates charges filed after Murtha accusations

A military jury of seven officers acquitted Marine 1st Lt. Andrew Grayson of all charges stemming from what a law firm has described as a political attack on the U.S. military over a firefight with insurgents in Haditha, Iraq, in 2005.

Grayson immediately came to the defense of another Marine still facing accusations for the incident that left one Marine and 24 Iraqis dead.

He said Lt. Col Jeffrey Chessani was "one of the most steadfast men. … He led by example and he knew the difference between right and wrong," according to the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Mich., whose lawyers are representing Chessani.

"The government ordered these Marines to the front lines, they ordered them to attack the insurgents. … Marines, risking their lives, followed those orders without hesitation; their reward – criminal prosecution," Richard Thompson, president of the law center, said today. "There must be some righteous person in the chain of command that will say 'enough is enough.'"

Hearings continue in the Chessani case. Earlier this week, Military Judge Col. Steven Folson heard arguments over several defense motions but delayed a decision until June 16. He also delayed the start of the trial until July 21.

Just weeks ago, Folsom concluded there was evidence in the Chessani case of unlawful command influence, which is considered the "mortal enemy" of justice within the military judicial structure.

The judge's conclusion was based on evidence two generals who controlled Chessani's case were influenced by Marine lawyer Col. John Ewers, one of the investigators assigned to the case. Ewers was allowed to attend at least 25 closed-session meetings in which Chessani's case was discussed.

Defense lawyers note that shifted the burden of proof to prosecutors to convince the judge that the facts presented by the defense were untrue, don't constitute unlawful command influence or would not affect the proceedings.

Although the case awaits rulings, Folsom might have offered a hint during this week's hearings, asking both sides what they would recommend to remedy the unlawful command influence issue. Robert Muise, a Thomas More Law Center defense attorneys, asked that the case be dismissed.

Grayson's attorney, Joseph Casas, said the acquittal of his client "sets the tone for the overall whirlwind Haditha has been. It's been a botched investigation from the get-go."

"I believe in the end all of the so-called Haditha Marines who still have to face trial will be exonerated," he said.

The Associated Press reported cheers erupted in the Grayson courtroom when the acquittal was announced.

Grayson was not on the scene of the house-to-house firefight but was accused of telling a sergeant to delete photographs of the dead from a digital camera.

He was acquitted of two counts of making false official statements and other counts, and could have faced as many as 20 years in prison.

The Nov. 19, 2005, firefight also resulted in 14 Marine casualties, including one death. Prosecutors allege the Marines were attacked by a bombing, then Staff Sgt. Frank Wuterich and another Marine shot five men at the scene. They alleged Wuterich then ordered his men into nearby houses where more Iraqis were killed in the firefight.

Defense lawyers have reported the insurgents deliberately attacked the Marines from hiding places where they surrounded themselves with civilians to use as shields.

Eventually eight Marines were charged, but counts against five have been dropped. Those defendants are Lance Cpl. Stephen Tatum, Capts. Randy Stone and Lucas McConnell, Sgt. Sanick P. Dela Cruz and Lance Cpl. Justin Sharratt.

Wuterich's and Chessani's cases remain.

The enlisted Marines had been charged with murder and the officers accused of failing to investigate the deaths.

Critics have described the charges as a vendetta against U.S. Marines following a public condemnation of the troops by U.S. Rep. John Murtha, D-Pa., before the conclusion of the investigation.

The Thomas More Law Center said the officers involved in the firefight handled its aftermatch according to military protocol.

"Even though Lt. Col. Chessani promptly reported the events of that day to his superiors, including the deaths of 15 noncombatant civilians caught in the battle, nobody in Lt. Col. Chessani’s chain of command believed there was any wrongdoing on behalf of the Marines," the law firm said.

But months later, a Time magazine story "planted by an insurgent propaganda agent," caused Pentagon officials to order the investigation, the law firm said.

The article was followed quickly by Murtha's comments. The congressman held a news conference and announced he'd been told by the highest levels of the Marine Corps there was no firefight and Marines "killed innocent civilians in cold blood."

"All the information I get, it comes from the commanders, it comes from people who know what they're talking about," Murtha told reporters.

Murtha's statements conflicted with investigative results from the military itself. An initial investigation by Army Col. G.A. Watt found "there are no indications that (Coalition Forces) intentionally targeted, engaged and killed noncombatants." Later, Army Maj. Gen. Aldon Bargewell found no coverup, the law firm said.

YEAH!

None of these men should have had to go through this. Everyone of them should be given medals and an immediate advancement in rate for what they did not harassment by any court system and a politician that is acting in such a treasonous manner. It is Murtha that needs to be ousted out of office and thrown into prison.

Brother, I agree with you 100%. This is nothing but malicious prosecution, and there are numerous criminal violations that should be pursued. I'm quite serious about this. Murtha should be the first one prosecuted. Any prosecutor should have an easy time with this one.

Haditha Marine prepares to sue Murtha over smear
Congressman had accused soldiers of killing 'in cold blood'

With most of the eight Marines charged in the Haditha, Iraq, incident now exonerated, the highest-ranking officer among the accused, with the government trying to salvage its allegations against him on appeal, is considering a lawsuit against Democratic Rep. John Murtha, who fueled the case by declaring the men cold-blooded killers.

In an interview with nationally syndicated radio talk host Michael Savage, the lead attorney for Lt. Col. Jeffrey Chessani said he and his client will look into suing Murtha and the Time magazine reporter Tim McGuirk, who first published the accusations by Iraqi insurgents.

But the attorney, Brian Rooney, said nothing will happen immediately because he wants  Chessani, described as a devout Christian and the father of six homeschooled children, completely "out of the woods" legally before any action is taken. The government, through Lt. Col. S.M. Sullivan, today filed a notice that it would appeal the case to the next judicial level.

As WND reported, a military judge at Camp Pendleton in California yesterday dismissed charges that Chessani failed to properly investigate the Nov. 19, 2005 incident in which 24 Iraqi men, women and children were killed.

Rooney, an attorney for the Thomas More Law Center who served a tour of duty in Iraq himself, is urging citizens to tell their representatives in Congress and military officials that they want the case to come to an end.

"At some point you have to have somebody in the chain of command, whether it's civilian or military, saying enough is enough," said Rooney, who served with Chessani in the second battle of Fallujah.

Rooney told Savage the Haditha case is the largest investigation in the history of the Naval Criminal Investigative Service, with 65 agents assigned by the government.

The filing of charges against Chessani was approved by Gen. James Mattis, then commander of the Marine Corps Forces Central Command and commander of the 1st Marine Expeditionary Force at Camp Pendleton. Mattis has been promoted to commander of NATO's Supreme Allied Commander Transformation and commander of U.S. Joint Forces.

"This is the most important case since Vietnam, if not before," Rooney said. "There's no doubt about it."

He noted the New York Times featured the case on the front page when it was being compared by war critics to the infamous My Lai massacre in Vietnam. But now, with evidence the Haditha accusations were a smear, the story has been relegated to the back pages.

The military judge, Col. Steve Folsom, dismissed Chessani's charges without prejudice, giving permission for the prosecutors to continue trying to build a case that began in December 2006.

Four Marines were charged with murder and another four with not properly investigating the incident.

Defense lawyers contend insurgents deliberately attacked the Marines from hiding places where they surrounded themselves with civilians to use as shields. The defense insisted Chessani promptly reported the events to his superiors and that nobody in the chain of command believed there was any wrongdoing on the part of the Marines.

Libel and defamation

Rooney acknowledged to Savage it's difficult to sue a sitting congressman, but he believes it can be done.

"If he leaves his realm of speaking from the congressman's point of view … then he can be sued for libel and defamation," Rooney said.

The Time magazine story, according to Rooney, was planted by an insurgent propaganda agent. Publishing of the story was soon followed by a May 17, 2006, news conference by Murtha. The congressman announced he had been told by the highest levels of the Marine Corps there was no firefight and Marines "killed innocent civilians in cold blood."

"All the information I get, it comes from the commanders, it comes from people who know what they're talking about," Murtha told reporters at the time.

Murtha's assertions, however, conflicted with results from the military's own investigations. An initial probe by Army Col. G.A. Watt found no indications coalition forces "intentionally targeted, engaged and killed noncombatants." Later, Army Maj. Gen. Aldon Bargewell found no cover-up.

Nevertheless, the Marine Corps eventually brought charges against Chessani and seven other Marines.

But now the cases against Lance Cpls. Stephen Tatum and Justin Sharratt, Capts. Randy Stone and Lucas McConnell and Sgt. Sanick P. Dela Cruz have been dropped. First Lt. Andrew Grayson has been acquitted, leaving only the case of Staff Sgt. Frank Wuterich untested in court and Chessani prosecutors facing the hurdles of the appeal process.

WND previously reported a military jury of seven officers acquitted Grayson of all charges.

The ruling by Col. Folsom yesterday followed a previous decision in which he confirmed evidence of unlawful command influence.

The evidence indicated two generals who controlled Chessani's case were influenced by Marine lawyer Col. John Ewers, who was allowed to attend at least 25 closed-session meetings in which the case was discussed.

Throwing Marines under the bus

Rooney acknowledged the Haditha case taken a toll on the Marine Corps.

"There's no doubt it's affected recruiting," he told Savage. "How could you have your sons or daughters join the Marine Corps when you're not sure the government will protect them?"

Rooney was asked by Savage why he thought Murtha, a former Marine himself, accused the officers and enlisted men.

"In my opinion, it's clear it was done during the election cycle, it was done to bolster himself in the party," the attorney said. "He was vying for a leadership position, and if he had to throw some Marines under the bus to do so, that was the cost of power for him."

He hopes soon politicians will weigh in on the case in support of Chessani and the others.

"I would think all politicians, especially politicians that have military records, should say something about this case," he said.

"In a horrible and very complex environment, when you have an enemy that's using women and children as shields, you should always give the benefit of the doubt to the Marine or soldier," said Rooney. "You should never bring him back and put him in front of a court martial."

Brothers and Sisters,

Everyone should know by now that Murtha was lying for political purposes only - AND THE PROSECUTION OF THESE MARINES WAS MALICIOUS - LACKING ANY EVIDENCE AT ALL. What hasn't happened yet is responsible parties being held accountable for their illegal actions. YES - I'm talking about politicians and anyone else violating the law. Our representatives live under the same laws that we do, AND THEIR OFFICE DOES NOT GIVE THEM A LICENSE TO VIOLATE THE LAW OR VIOLATE THE RIGHTS OF OTHERS. If anything, our representatives should be held to a higher standard - AND THEY SHOULD NEVER GET AWAY WITH DICTATOR TACTICS.

Bluntly, the RIGHTS of these Marines have been violated in numerous illegal and Unconstitutional ways. They have been mistreated and abused when they should have been receiving Medals and thanks. THE PEOPLE MUST DEMAND THAT JUSTICE IS FINALLY SERVED IN THIS CASE, AND THAT DOES MEAN THE PROSECUTION OF FAT-CAT CORRUPT POLITICIANS LIKE MURTHA! It should also include everyone who carried out Murtha's ILLEGAL INSTRUCTIONS! An apology or lip service is not sufficient for anyone - ESPECIALLY MURTHA!