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Author Topic: Case against Marine blamed on Murtha politics  (Read 3690 times)
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« on: March 06, 2007, 11:14:16 AM »

Case against Marine blamed on Murtha politics 
Thomas More Center to defend commander against Haditha charges

A Colorado Marine who directed his soldiers through an ambush firefight with terrorists in Haditha, Al Anbar, Iraq, but then got caught in John Murtha's firefight of words as the anti-war congressman tried to capitalize on allegations about the situation, will fight military charges of dereliction of duty and failing to follow orders.

Officials with the Thomas More Law Center of Ann Arbor, Mich., say the charges against a number of Marines, including their client Lt. Col. Jeffrey Chessani, resulted after Time magazine "misreported" circumstances about the battle in the war on terror that pitted U.S. Marines against Iraqi and foreign terrorists on Nov. 19, 2005.

The situation got even worse, officials with the Law Center said, when Congressman John Murtha, an outspoken anti-war critic and chairman of the House military appropriations subcommittee, publicly accused four Marines of being "cold-blooded murderers" and high-ranking officers of "covering it up."

"The astounding and unprecedented public accusations of 'murder' and 'cover-up' by Congressman Murtha, which he claimed were based on his conversation with senior military officials, taints the entire process," said Richard Thompson, president and chief counsel for the Law Center.

He noted that although Murtha has been questioned, he has thus far refused to provide the basis for his public accusations or reveal the names of the senior military officials from whom he claimed he got his information.

Haditha, which had been known as "an insurgent citadel," became headline material in the United States when a Marine convoy was ambushed by a road-side bomb and small arms fire from nearby houses.

The bomb killed one Marine in a Humvee and injured two more, and the resulting house-to-house battle between the outnumbered 4-man Marine "fire team" and the insurgents resulted in 24 Iraqi deaths, including 15 civilians.

Now the Law Center said the future of America rests on support for the military.

"The outcome of this case is vital to the security of our nation and to the military personnel we place in harm's way," Thompson said. "As tragic as these civilian deaths are, it's essential that we not shackle our combat commanders' ability to make decisions by placing them in fear of criminal prosecution every time there are civilian casualties as a result of combat action."

"Lt. Col. Chessani never retained an attorney during the year-long investigation leading up to these criminal charges and voluntarily answered all questions posed by investigators," Thompson said. "He knew he had done nothing wrong and trusted he would be cleared. Despite the charges against him, he still believes in that last line of the military Code of Conduct – 'I will trust in God and in the United States of America.'"

The Law Center said Chessani is described by fellow officers as a focused, hands-on commander who followed the Law of War and was sympathetic to the plight of innocent Iraqis. He is a committed Christian with a wife and five children, and has served his nation honorably for more than 19 years with tours of duty in Panama, the first Persian Gulf War and three tours in Iraq.

There was a three-month delay between the time when the Marines were attacked in Haditha and the investigation was launched, "and as a result of a grossly erroneous and inflammatory Time Magazine news lead, which military commanders in the field suspected was instigated by terrorist propaganda," the center said.

Then months before the investigation was finished, Murtha, who was an unindicted co-conspirator in the FBI's 1980 Abscam case of alleged Arab bribes of U.S. congressmen, launched his verbal attack on the Marines.

The gist of the charges against Chessani is that he failed to investigate properly and brief higher commanders on the attack, the Law Center said, and it will be defending him at an Article 32 hearing March 21 at Camp Pendleton, Calif.

If that hearing, the equivalent of a civilian preliminary hearing, would determine the case should move forward, he ultimately could face dismissal, loss of retirement and a prison term.

But lawyers said it is important to understand the context of Chessani's decisions. They said before the Nov. 19 attack, Marines had found evidence Haditha was a terrorist stronghold, and the terrorists were known for placing Improvised Explosive Devices near youth centers and schools so they could use any civilians killed in their propaganda.

Just earlier that year, terrorists occupied the Haditha hospital to stage an ambush, and placed innocent civilians at the center of their attack plan.

In fact, Marines were fired on from nearby civilian homes, and Chessani's later report to his commanders concluded the terrorists chose the fight location, "knowing that they would endanger the lives of civilians."

Handling the case will be Law Center attorneys Robert Muise and Brian Rooney. Muise is a Marine infantry officer veteran of the first Persian Gulf War and a former Judge Advocate. Rooney is a Marine veteran of Operation Iraqi Freedom and a former Judge Advocate as well.

They will join the military detailed defense counsel team of Marine Reserve Lt. Col. Jon Shelburne, a law professor at Roger Willaims University School of Law, and Capt. Jeffery King, USMC, a defense counsel stationed at Camp Pendleton.

"Terrorists routinely use mosques, schools, hospitals, and civilian homes from which to launch attacks and hide," said Rooney. "We have always taught Marines to be aggressive and encouraged this aggression in order to help them survive and accomplish their mission."

"Through our defense of Lt. Col. Chessani, Marines on the ground will be assured that their valiant combat actions will not be turned into political fodder and talking points for politicians seeking headlines," said Muise.

"Unlike the anti-war media and politicians who have already convicted the Marines in print, Lt. Col. Chessani will be judged by his peers, many of whom are combat veterans and truly understand the situation in Iraq," Thompson said. "It is a system that we are confident will exonerate our client. We are not going to let a politician's agenda destroy a brave Marine's family, and career."

The center defends and promotes religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education and related activities.

Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado was among eight Marines charged in December with counts stemming from the Haditha ambush.

Also charged were Staff Sgt. Frank D. Wuterich; Sgt. Sanick P Dela Cruz; Lance Cpl. Justin Sharratt, 22; Lance Cpl. Stephen Tatum; 1st Lt. Andrew Grayson; Capt. Lucas McConnell and Capt. Randy Stone.
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« Reply #1 on: April 24, 2007, 05:45:03 PM »

Allegations of NCIS Misconduct in Haditha Case: Investigation Demanded

by Staff

ANN ARBOR, MI (christiansunite.com) - The Thomas More Law Center today announced that it will request the Secretary of Navy to investigate allegations of improper and unconstitutional interrogation methods employed by Naval Criminal Investigative Service (NCIS) agents against Marine witnesses. Law Center attorneys obtained the information during interviews of several key Haditha witnesses.

The Thomas More Law Center, a Christian legal advocacy group based in Ann Arbor, Michigan, is representing Marine Lieutenant Colonel Jeffrey Chessani, who is charged with failing to investigate and report 15 Iraqi civilian deaths in connection with a Marine response to a terrorist ambush that occurred in Haditha, Iraq on November 19, 2005.

Richard Thompson, President and Chief Counsel of the Law Center, commented, "There are disturbing reports that American servicemen were treated like POWs by their own government. In fact, more concern has been shown toward the treatment of Iraqi prisoners than towards our Marines. An investigation of these allegations is in order. "

According to Marine witnesses, in some cases interrogations lasted up to 18 hours. During prolonged questioning sessions, Marines were not allowed to eat, drink, or use the bathroom. In some cases, Marines were kept in segregated rooms of an old Iraqi dam that were damp, dark, and "dungeon like." These interrogation sessions occurred while the Marines were still involved in combat operations in Haditha, a hostile insurgent city.

Many witnesses reported that the questioning was accusatorial, confrontational, and at times insulting. One officer stated that agents yelled and threw things at him during his questioning. Witnesses believed that the agents had already concluded that there was wrongdoing and were not interested in information that would tend to exonerate the Marines. One witness stated that it was his perception that the NCIS agents had an agenda˜they were going after the officers in the battalion.

Witness interviews revealed that Marines in Iraq raised concerns about the NCIS interrogation techniques immediately upon receiving reports from the Marines who were questioned. One senior officer from the battalion stated that when he brought these allegations to the attention of the senior NCIS agent in Iraq at the time, the agent "blew him off completely."

Recent news stories corroborate the allegations of mistreatment on the part of NCIS agents. According to a North County Times article, in some cases NCIS agents refused to provide attorneys for suspects who asked for them. The article reported that "(s)ome of the interrogations that took place in Iraq before the regiment returned to Camp Pendleton in April took place over as long as 12 hours . . . and the suspects were not allowed to take bathroom breaks. Instead, they were given bottles to use to relieve themselves." The article noted that "(t)he treatment of the suspects was so bad that at least two officers who were not a direct part of the investigation complained to their superiors."

These latest revelations add to the increasing difficulties facing prosecutors. From the beginning, the case has been fraught with legal problems and inappropriate pre-trial publicity, which has prejudiced the ability of the charged Marines to obtain a fair trial. In fact, Air Force Lt. General Thomas McInerney, a 35-year veteran of the Air Force and former Joint Force Commander, has already publicly stated that all charges against the Marines should be dismissed because the Marines could not get a fair trial as a result of undue command influence. McInerney was referring to the outrageous statements of Pennsylvania Congressman John Murtha˜statements that were made before the investigation even concluded. Murtha declared that the Marines had committed "cold-blooded" murder of civilians in Haditha on November 19, 2005 and that the officers were covering it up.

Thompson concluded, "This entire investigation has been nothing but a political witch- hunt instigated by insurgent propaganda operatives, anti-war media, and anti-war politicians. The government has spared no expense seeking to find wrongdoing on the part of our hard-fighting Marines. They should spend like resources investigating these serious allegations of investigatory misconduct. Our servicemen deserve as much."

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit their website at www.thomasmore.org.
« Last Edit: November 16, 2007, 12:32:03 PM by Pastor Roger » Logged

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« Reply #2 on: May 24, 2007, 10:04:42 AM »

Marine hopes hearing will remove 'Murtha taint' 
Commander targeted after firefight in Iraq 'misreported'

His commanders said in a fitness report that Lt. Col. Jeffrey Chessani had "unlimited potential and value to the Marine Corps," but he's now facing the military version of a criminal proceeding for his work during that time, according to a Michigan law firm.

Chessani is hoping the hearing will eliminate the "Murtha taint" from his career, which comes from comments made by U.S. Rep. John Murtha, D-Pa., who was incited by an inflammatory "Time" magazine headline accusing Marines of "massacring" civilians in Haditha, Al-Anbar province, Iraq.

Murtha, in an unprecedented statement, publicly accused Marine officers of a "cover-up" before the situation had been investigated, a charge later disproved by the military.

Officials with the Thomas More Law Center of Ann Arbor, Mich., are representing Chessani, who was accused of failing to investigate and brief commanders about the situation that pitted U.S. Marines against Iraqi and foreign terrorists on Nov. 19, 2005.

The law center said Chessani, the highest-ranking officer charged, could finish a 19-year Marine career that included the Panama Invasion, the Persian Gulf War, and three tours in Iraq with a dishonorable discharge and possibly up to three years in prison.

His preliminary hearing on the accusations will start May 30 in Camp Pendleton, Calif., officials said.

The law center said Maj. Gen. Huck, who reviewed Chessani's performance during the time of the Haditha situation, called him a "top notch officer with outstanding potential" and recommended him for promotion.

"Unlimited potential and value to the Marine Corp," the general wrote in Chessani's Combat Fitness Report. "Capable of the most challenging assignments."

The report, required once a year for Marine officers, also included the following comments about Chessani:

    * "Leads Marines from front in every operation. Demonstrates moral courage everyday. Doesn't hesitate to report bad news fast or contest unrealistic plans/poor concepts. Despite the complexity and size of his AO (area of operations), he always maintains a calm, cool demeanor."

    * "Always seeks advantage over complex, diverse insurgent enemy. Truly one of the finer thinkers in this COIN (counterinsurgency) environment."

    * "One of the top 3 infantry/Cav Bn cmdrs of 13 who have served with RCT –2 (the regiment) during OIF. A superb leader, who knows his men, knows the enemy, knows his business. Doesn't attract a lot of fanfare; just gets the job done to an exceedingly high standard."

    * "Recommend selection for promotion to Colonel and TLS [Top Level School]."

The Thomas More Law Center, a national public interest law firm from Ann Arbor, Mich., is defending Chessani and believes he is being sacrificed for the sake of "placating anti-war critics."

"We are eating our own, and the terrorists are laughing in their caves," said Richard Thompson, president of the center, "Because of them one of the most effective Marine combat commanders in Iraq has been eliminated by his own government. The testimony we will elicit at the Article 32 hearing, which begins on May 30th, will show just how ridiculous and politically motivated these charges are."

Brian Rooney, a former Marine officer who served seven months in Iraq, is one of the lawyers on the case. He said he's started working back to the truth through depositions. "There is so much misreporting and outright propaganda from the enemy presented as fact by news organizations like Time magazine," he said.

In the attack, a bomb killed one Marine in a Humvee and injured two more, and the resulting house-to-house battle between the outnumbered 4-man Marine "fire team" and the insurgents resulted in 24 Iraqi deaths, including 15 civilians.

Chessani, a Colorado Marine, although he was not on the scene, learned that his soldiers made it successfully through the Haditha ambush, but then he got caught in Murtha's firefight of words as the anti-war congressman tried to capitalize on the situation.

The Thomas More Law Center said Chessani is described by fellow officers as a focused, hands-on commander who followed the Law of War and was sympathetic to the plight of innocent Iraqis. He is a committed Christian with a wife and five children, and has served his nation honorably for more than 19 years with tours of duty in Panama, the first Persian Gulf War and three tours in Iraq.

Chessani, who grew up in Rangely, Colo., and graduated from the University of Northern Colorado, was among eight Marines charged in December with counts stemming from the Haditha ambush.

Also charged were Staff Sgt. Frank D. Wuterich; Sgt. Sanick P Dela Cruz; Lance Cpl. Justin Sharratt, 22; Lance Cpl. Stephen Tatum; 1st Lt. Andrew Grayson; Capt. Lucas McConnell and Capt. Randy Stone.
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« Reply #3 on: September 19, 2007, 02:24:26 PM »

Murtha cornered over Haditha charges 
At elevator, asked if he'll apologize for accusing Marines of murder

A young activist confronted Rep. Jack Murtha, D-Pa., near a Capitol Hill elevator yesterday, pressing the anti-war congressman on whether he would apologize for accusing U.S. Marines of murdering innocent civilians in a November 2005 incident at Haditha, Iraq.

With the case continuing to unravel, Jason Mattera of the Young America's Foundation was captured on tape questioning Murtha, reports HotAir.com .

Now that charges have been dropped against two of the four Marines accused of murder, Mattera asked, "would you like to issue an apology for saying they killed innocent civilians in cold blood?"

"Is the trial still going on?" Murtha asked repeatedly as he made his way to the elevator.

After entering, the lawmaker made sure Mattera stayed out of the elevator.

"Do you like besmirching our troops, sir?" Mattera asked.

"Have you been in the service?" Murtha retorted. "I enlisted in Korea, and I enlisted in Vietnam …"

As the doors closed, Mattera is heard saying, "You accused them of murdering innocent civilians in cold blood. That's something that would come from Al Jazeera, not a congressman, sir."

In May 2006, Murtha claimed, citing military sources, a Pentagon investigation showed U.S. Marines at Haditha "overreacted because of the pressure on them, and they killed innocent civilians in cold blood."

Since then, the Marine Corps has dropped charges against two of the four men accused of murder in the case, and an investigating officer has recommended dropping charges against a third.

Yesterday came news that charges have been dropped against Capt. Lucas McConnell, one of four charged with failing to properly investigate or report the circumstances surrounding the killings.

Another of the accused Marines, Col. Jeffrey Chessani, says he will sue Murtha once he's completely cleared.

Murtha also was confronted at a National Press Club news conference Monday by Jeff Gannon, a regular of the White House press corps who left amid scandal two years ago, noted the Gateway Pundit blog

GANNON: In May 2006, you said that Marines killed innocent Iraqis citizens in cold blood at Haditha. A year later, some of them have been exonerated. At some point are you going to apologize to these men?

MURTHA: The trial's not over yet.

GANNON: You've spoken out before. You went on national television and called these men "cold blooded killers."

MURTHA: The trial's not over yet.

The Hill newspaper said when Murtha answered, he was "reddening slightly in the face."

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« Reply #4 on: September 28, 2007, 11:36:42 PM »

Judge Orders Rep. John Murtha to Testify in Marine Sergeant Defamation Case

A federal judge refused Friday to dismiss a defamation case against Rep. John P. Murtha and ordered the Pennsylvania Democrat to give a sworn deposition in the case.

A Marine Corps sergeant accuses the 16-term congressman of falsely accusing him of "cold-blooded murder and war crimes" in connection with the deaths of Iraqi civilians.

The Justice Department wanted the case dismissed because Murtha was acting in his official role as a lawmaker. Assistant U.S. Attorney John F. Henault said the comments were made as part of the debate over the war in Iraq.

U.S. District Judge Rosemary M. Collyer said the congressman might be right, but said she won't know for sure unless Murtha explains himself. She did not set a date for Murtha's testimony but said she would also require him to turn over documents related to his comments.

Collyer said she was troubled by the idea the lawmakers are immune from lawsuits regardless of what they say to advance their political careers.
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« Reply #5 on: September 28, 2007, 11:38:36 PM »

I'm fed up with these lawmakers saying and doing whatever they wish and still not being made account for it. It is past time they be made accountable.

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« Reply #6 on: September 29, 2007, 12:26:38 AM »

I'm fed up with these lawmakers saying and doing whatever they wish and still not being made account for it. It is past time they be made accountable.



I agree 100%. In this case, Murtha pronounced them guilty and told the world all the horrible things they did before the case was even investigated, much less found guilty of anything. Murtha and others most definitely need to be held accountable to the full extent of the law. These left wing idiots need to be held to the same ACCOUNT they hold others. Their free ride should be ended.
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« Reply #7 on: November 16, 2007, 12:27:05 PM »

Arraignment set for Marine condemned by Murtha 
'Absurdity of officer charged with not reporting non-crime continues'

An arraignment is scheduled today for a Marine officer who was condemned by anti-war U.S. Rep. John Murtha, D-Pa., for failing to investigate and report what the congressman claimed was the killing in "cold blood" of Iraqi civilians by a team of Marine soldiers.

The hearing is scheduled in a Camp Pendleton courtroom for Lt. Col. Jeffrey Chessani, who is being represented by The Thomas More Law Center on claims stemming from the so-called "Haditha Massacre."

As WND reported earlier, 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.

Murtha, however, has continued to stand by his accusations. He was confronted just weeks ago by a young activist near a Capitol Hill elevator, and was pressed on whether he would apologize for accusing U.S. Marines of murdering innocent civilians.

Jason Mattera of the Young America's Foundation was captured on tape questioning Murtha, reported HotAir.com .

Now that charges have been dropped against two of the four Marines accused of murder, Mattera asked, "would you like to issue an apology for saying they killed innocent civilians in cold blood?"

"Is the trial still going on?" Murtha asked repeatedly as he made his way to the elevator.

After entering, the lawmaker made sure Mattera stayed out of the elevator.

"Do you like besmirching our troops, sir?" Mattera asked.

"Have you been in the service?" Murtha retorted. "I enlisted in Korea, and I enlisted in Vietnam …"

As the doors closed, Mattera is heard saying, "You accused them of murdering innocent civilians in cold blood. That's something that would come from Al Jazeera, not a congressman, sir."

Chessani's career had been unblemished, the Thomas More Center said. In fact, as battalion commander of the Third Battalion, First Marines – one of the most decorated Units in the Marine Corps – Chessani was not at the scene of the firefight, but later traveled there to investigate and reported to every echelon of his chain of command.

For the following three months, 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, Chessani was targeted, the law center said, despite his 2006 Combat Fitness Report declaring him to be "a superb leader, who knows his men, knows the enemy, knows his business."

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« Reply #8 on: November 17, 2007, 05:27:14 AM »

Bluntly, Murtha and many more like him are really working for the enemy. Their personal  agendas are more important than the security of the people. Everyone is beginning to understand and believe this simple truth.
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« Reply #9 on: February 22, 2008, 08:36:26 AM »

Murtha wrong, video at Haditha hearing shows
Evidence of firefight attack on Marines presented to judge

U.S. Rep. John Murtha, D-Pa., who publicly accused the Marines of killing Iraqi civilians in "cold blood," was wrong, according to video presented as evidence at a hearing for an officer charged in the case stemming from the battle in Haditha.

"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 The Thomas More Law Center, which is representing Marine Lt. Col. Jeffrey Chessani against charges in the case.

"However we have the firefight on video. You can't deny it," Rooney told WND after a two-day motions hearing in Chessani's case came to a conclusion. There was no immediate ruling on the motions presented by the defense team to the hearing officer, Col. Stephen Folsom.

On Wednesday and today, the Thomas More Law Center presented a series of five motions on behalf of Chessani, who is facing criminal charges stemming from a house-to-house, room-by-room battle that four of his Marines engaged in on Nov. 29, 2005, after being ambushed by insurgents in Haditha, Iraq.

At the time, Chessani was battalion commander of the 3rd battalion 1st Marine Regiment, one of the most decorated battalions in the nation's history.

Arguments were handled by Law Center attorney Rob Muise as well as Lt. Col. John Shelbourne, USMC, the detailed military defense counsel.

The motions 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.

Rooney said the most dramatic testimony came from Marine intelligence officer Maj. Jeffrey Dinsmore.

"His testimony I believe was eye-opening to the judge," Rooney told WND. 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, which resulted in the deaths of a number of insurgents as well as 15 civilians.

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.

Rooney said he believes the judge understood the intent of the motions, and appeared sympathetic to the demand that Murtha testify.

"He seemed skeptical, but by the end of the hearing, he was more understanding of why we wanted to depose him," Rooney said.

"All of these motions filed by the Law Center are important in shaping the battlefield in the courtroom," said Richard Thompson, president and chief counsel of the Law Center. "Potentially, the case could be thrown out if we prevail on one or some of these motions."

Muise, who is a former Marine officer, is being joined by Rooney and Brandon Bolling, also former Marine officers, in his work on the case.

"We are scheduled for at least one more motion hearing date, but most likely there will be two more – one in March and another in April," Thompson said. "Of those two dates, we expect to file an 'unlawful command influence' motion, and a 'selective prosecution' motion, as well as several others."

Chessani is accused of dereliction of duty and "orders" violations for the battle. Besides the Marine killed by the IED, 13 other Marines were seriously wounded that day.

The insurgents were hiding among women and children in civilian homes. The case was investigated through the Marine chain of command, with no allegation of inappropriate action.

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.

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

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

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Joh 9:4  I must work the works of him that sent me, while it is day: the night cometh, when no man can work.
Soldier4Christ
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« Reply #10 on: February 22, 2008, 08:38:20 AM »

I still say the Murtha needs to be ousted and then blocked from holding any public office and should be charged as a traitor. Sedition might be a first good charge.

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Brother Jerry
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« Reply #11 on: February 22, 2008, 09:02:49 AM »

No doubt
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Sincerely
Brother Jerry

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I am like most fathers.  I, like most, want more for my children than I have.

I am unlike most fathers.  What I would like my children to have more of is crowns to lay at Jesus feet.
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« Reply #12 on: February 22, 2008, 09:58:53 AM »

I still say the Murtha needs to be ousted and then blocked from holding any public office and should be charged as a traitor. Sedition might be a first good charge.



Folks like Murtha remind me of the need to start public flogging again!
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