Theodore's World: Charges Dropped Against Innocent Haditha Marine LtCol Chessani

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May 05, 2009

Charges Dropped Against Innocent Haditha Marine LtCol Chessani


Gov Decides Not to Appeal Further in LtCol Chessani Case; Decision to Re-Charge Still Pending


LtCol Jeffrey Chessani, USMC


Thomas More Law Center


ANN ARBOR, MI

Thomas More Law Center’s official statement says that the military has dropped its appeal of an appeals court ruling.

Here’s the good news:

A government official has informed the Thomas More Law Center that the government will not seek to appeal the recent unanimous decision by the Navy Marine Corps Court of Criminal Appeals (NMCCA) in favor of LtCol Jeffrey Chessani, USMC.

The decision makes permanent the ruling by the trial court judge, Colonel Steven A. Folsom, USMC, dismissing the charges against LtCol Chessani, without prejudice, due to Unlawful Command Influence. The government could have sought an appeal to the civilian Court of Appeals of the Armed Forces (CAAF), and then to the U.S. Supreme Court.

Here’s the bad news:

In order for the government to start the process of recharging LtCol Chessani, the Commandant, General James Conway, USMC, would have to appoint a new convening authority (the rank of General) that was not precluded by Col Folsom’s ruling, which was based on Unlawful Command Influence.

Col Folsom precluded the commands of the I Marine Expeditionary Force (I MEF), Marine Forces Central Command (MARCENT), and General James Mattis, USMC in particular. Whoever is named the new convening authority (the new General) would have to make an independent decision on whether or not to bring new charges against LtCol Chessani. If the General did desire to bring charges, LtCol Chessani would be subject to a new Article 32 Hearing.



The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, along with detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC, have represented LtCol Chessani throughout the criminal process.


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Wild Thing's comment........

I pray and hope that the NCIS admit that the persecutions of the Haditha Marines was a political witch hunt that was ignited by Tim McGirk’s farcical Time Magazine article and John ( not longer a Marine imo) Murtha!


Posted by Wild Thing at May 5, 2009 07:27 PM


Comments

What can they charge him with. Nobody else is involved in this case. Everybody except the Colonel have been found innocent. Drop the appeal and be done with it.

What is obama going to charge him with failure to hold a short-arm inspection at 0300.

Posted by: Mark at May 5, 2009 07:40 PM


Chrissie, Murtha is indeed an "Ex-Marine." I use that prase in the most prejorative manner possible.

To one who is a Marine, the prase "Ex-Marine" is tantamount to calling a Mooslim "Filthy Pig."

While I'm thinking about it, "Ex-Marine Filthy Pig" fits Murtha to a tee.

Murtha should Semper Fry for his treason.

Posted by: Billy Ray at May 5, 2009 08:50 PM


Let's just hope the Obama Administration doesn't pressure the Marines to continue with the case.

Posted by: BobF at May 5, 2009 10:45 PM


It's about time!!!
This has been a witch hunt right from the beginning, the larger crime is Murtha and his cowering behind his phony 'congressional immunity'. He like John F'ing Kerry can get away with slander because the Congress is out of control. We have assholes like Murtha, Reid, Pelosi and now Napolitano making blanket accusations against entire sections of the American population.

The U.S. Court of Appeals for the D.C. Circuit, on 14APR09, held that Congressman Murtha was acting within the scope of his office or employment when he made the statements. The Court held that Congressman Murtha is to be removed from the case and the United States is to be substituted as the defendant. Additionally, because the Federal Tort Claims Act (FTCA), does not allow tort claims for libel or slander the case must be dismissed for lack of subject matter jurisdiction.

Posted on Thursday, April 23, 2009
JOHNSTOWN, Pa. -- A Justice Department attorney said U.S. Rep. John Murtha, D-Pa., should be immune from a defamation lawsuit filed by a former Marine from western Pennsylvania.
Essentially, Murtha's attorney said the lawsuit filed in September by Justin Sharratt, of Canonsburg, should be dismissed for the same reasons that a federal appeals court struck down a similar suit by Staff Sgt. Frank Wuterich, of Meriden, Conn., last week.
The court ruled that Murtha couldn't be sued because he was acting within the scope of his employment when he accused Wuterich's squad of killing innocent civilians "in cold blood" in Haditha, Iraq in 2005.
Sharratt has been cleared of wrongdoing. Wuterich remains charged by a military court but says he's innocent. Sharratt said Murtha's comments on TV news shows go beyond his duties as a congressman.
I fully agree Billy Ray "Ex-Marine Filthy Pig" fits Murtha to a tee.
The biggest problem we have in this nation is we haven't had a declaration of war since 1941.
The Constitution gives Congress the power to declare war. Since World War II, however, the many armed conflicts in which the U.S. has been involved have been conducted without such a declaration.
Though the last 64 years have not seen any formal US declaration of war, the US military has been in constant activity outside the country during the entire period. This has not been a time of peace. Rather, following World War II, the United States has fought wars, some short and some long, in Korea, Vietnam, Lebanon (twice), the Dominican Republic, Grenada, Panama, Somalia, Bosnia, Kosovo, Afghanistan, and Iraq (twice)—to say nothing of the 45-year-long nuclear stalemate of the Cold War or numerous smaller interventions and clandestine operations.

In 1973, at the height of opposition to the war in Vietnam, Congress tried to reassert some mild constraints on the authority of the President to initiate and conduct wars without Congressional authorization by passing the War Powers Resolution. This required the President to consult with Congress before the start of any hostilities and to remove U.S. armed forces from those hostilities if Congress had not declared war or passed a resolution authorizing the use of force within 60 days. The resolution was vetoed by President Nixon, but Congress overrode the veto.

Without a declaration of war assholes like Kerry, Murtha Fonda and Tim McGirk get a pass on their treason and baseless accusations because both houses of Congress haven't done their jobs.

They've abdicated their responsibility's in favor of making United States citizens enemies of the state. This includes both political parties who put their positions of power above the common good of the nation and it's citizens. I'm no fan of Socialist FDR but he did work within the constraints of the Constitution at least this one time in his 12 years in power.

On December 7, 1941, the Japanese navy attacked the US Pacific Fleet in Pearl Harbor, Hawaii. On December 8, 1941, President Franklin D. Roosevelt appeared before a joint session of Congress to denounce the surprise attack, describe the dangers to the country, and ask for a declaration of war against Japan. The House of Representatives voted for the resolution 388 to 1, and all 82 senators who were present voted yea. Three days later, at FDR's request, Congress also declared war against Germany and Italy.

It was the last time any American president requested a declaration of war and the last time an American Congress fulfilled its constitutional obligation to declare war before the nation actually goes to war. This is a power specifically vested in Congress, according to Article I, Section 8, of the Constitution, which in its eighteen clauses lists many such specific legislative powers. Article II, Section 2, lists the few and limited powers of the president in three brief clauses; and he is not granted the authority to initiate war on his own, but only to wage it after congressional authorization in his capacity as "Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." (Note that, even in wartime, the president is not commander in chief of the nation, or of the civilian government, or of any nonmilitary citizen.)

James Madison made this distinction between declaring and waging war explicit:
The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies. A delegation of such powers [to the president] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.

Shame on all of Congress and the president.

I find Murtha's behavior unsavory at minimum and the leaders of the Corps complicit in the conspiracy to sacrifice their own to the politics of the day instead of defending them to the hilt. Disgrace goes all around.

I'm just a dogface that loves the Marines. If the Marines are attacked in favor of our enemies then none of the military is safe from political prosecution, past or present.

Posted by: Jack at May 5, 2009 11:05 PM


Mark, exactly and well put too.

Posted by: Wild Thing at May 5, 2009 11:41 PM


Billy Ray, DITTO what you said.

Posted by: Wild Thing at May 5, 2009 11:43 PM


BobF., I agree, I hope they stay out of
it.

Posted by: Wild Thing at May 5, 2009 11:44 PM


Jack, that was great, thank you so much.

Posted by: Wild Thing at May 5, 2009 11:47 PM


There are so many more being accused of murder for doing their job:
http://warchronicle.com/MilitaryJustice/contents.htm

Read about Capt Hill's case:
http://www.bouhammer.com/2009/05/exclusive-cpt-roger-hill-in-his-own-words/

Lawrence Hutchins (Pendleton 8) is still sitting in prison - his clemency hearing did not go well for him.

Posted by: yankeemom at May 6, 2009 08:34 AM