Who am I... and WHY AM I HERE???
ohh, yeah... THE SLANDER!!!
Posted on 11/19/2007 4:28:44 PM PST by camerakid400
Lawyers for Rep. John P. Murtha will appeal a recent ruling advancing a defamation lawsuit brought against the Pennsylvania Democrat by a U.S. Marine under investigation for killing Iraqi civilians.
Justice Department lawyers representing Murtha on Nov. 16 filed notice that they planned to appeal a federal district court judge’s Sept. 28 ruling allowing the lawsuit to proceed and ordering Murtha to give sworn testimony in the case.
Marine Staff Sgt. Frank Wuterich sued Murtha in August 2006, accusing the 17-term congressman of defaming him during a news conference last year on the Nov. 19, 2005 killings of Iraqi civilians in Haditha.
Wuterich charges that Murtha “publicly and falsely” accused him and other Marines involved in the Haditha incident of “cold-blooded murder and war crimes” and of attempting a cover-up, according to court documents.
Military prosecutors initially charged four enlisted Marines — including Wuterich — with murder and accused four officers of dereliction of duty for failing to adequately investigate the incident.
Charges against four Marines have been dropped and two others will face court-martial, but not for murder.
After a hearing that concluded Sept. 6, an investigating officer recommended Wuterich face court-martial for negligent homicide. Marine Lt. Gen. James Mattis, the commander charged with court-martial authority in the case, has yet to decide whether he will stand trial.
Murtha meanwhile had been ordered to sit for a deposition Nov. 27 to help determine whether he was acting in his official capacity as a U.S. government employee when he made the Haditha comments, as his lawyers have argued.
If the court determines Murtha indeed was acting in his official capacity, the U.S. government could be substituted as the defendant — a move that would effectively neuter the case because the federal government cannot be sued for libel.
But Wuterich’s lawyer, Mark S. Zaid, said Monday that the deposition now likely will be delayed, pending a determination from the U.S. Court of Appeals for the District of Columbia Circuit. The court will have to determine whether it has the jurisdiction to hear Murtha’s appeal at this stage or if it should wait until a lower court determine’s the fate of Wuterich’s lawsuit.
U.S. Attorney Darrell C. Valdez, who represents Murtha, did not respond to a request for comment.
our tax dollars at work
Ping
How about he pays for his own lawyers?????
I hope Wuterich really cleans Murtha’s clock. Looks like it’s gonna be an uphill battle.
Woo! Freakin’ Hoo!!!
murtha......the other white bitch
Extemporaneous speech outside of DC chambers should not be protected from civil action.
The "little people" are the ones who pay for their own lawyers, not important people like Murtha
I hope the SOB is made to testify
First, Murtha wasn't on the floor of Congress, which he claimed initially as his defense. He's been ducking his words since he uttered them. He needs to be sued and censured.
Second, the federal government cannot be sued for libel something wrong there. The government can trash a citizen's reputation causing undeterminable harm to that individual and simply answer "whoops, my bad"?
“Justice Department lawyers representing Murtha .. WTF????
How about he pays for his own lawyers?????”
I am NOT, repeat, NOT defending Murtha, but if anybody can sue any congressman any time he or she says something critical, it would be a bad situation. We despise what Murtha said, but next time it could be an abortion doctor suing for being called a baby killer or something similar.
What does accusing the Marines of "killing innocent civilians in cold blood" BEFORE an investigation have to do with his "official capacity" as a US gov employee?
We are supposed to have the "innocent until proven guilty" provision for our citizens...and now terrorists and illegal alien invaders.
He acted as the prosecutor, judge, jury and executioner, which is not in his job description as a US CONgre$$critter.
-as long as Murtha is censured and voted out of office....let’s proceed.
I hope that weasel does not get off that easy. He should be made responsible for his comments.
Isn’t Murtha on the House Armed Services Committee?
How is that not then “unlawful command influence” under the UCMJ?
Seems like it should be.
There is precedent:
Scooter Libby
Tom DeLay
Joe McCarthy
The Haditha Marines
Illario Pantano
...for starters
Not a chance. Murtha had a worthy opponent last election and she did not even come close. Johnstown is completely and totally dependent on Murtha's pork. More so than any district in the country.
When this country first started, politicians defaming people often lost their lives when they were forced to duel over it.
Thanks for the ping, Justa.
To be added to the Murtha Watch ping list please notify myself or RedRover.
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