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Murtha Fights Marine’s Defamation Lawsuit
CQ.com ^ | Nov 19 2007 | Kathleen Hunter

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.


TOPICS: Government
KEYWORDS: 110th; defamation; lawsuit; murtha; murthawatch; wuterich
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1 posted on 11/19/2007 4:28:45 PM PST by camerakid400
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To: camerakid400
Justice Department lawyers representing Murtha

our tax dollars at work

2 posted on 11/19/2007 4:30:35 PM PST by Freee-dame
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To: smoothsailing; jazusamo; RedRover; Girlene

Ping


3 posted on 11/19/2007 4:30:59 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: camerakid400
Justice Department lawyers representing Murtha .. WTF????

How about he pays for his own lawyers?????

4 posted on 11/19/2007 4:31:16 PM PST by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: camerakid400

I hope Wuterich really cleans Murtha’s clock. Looks like it’s gonna be an uphill battle.


5 posted on 11/19/2007 4:32:31 PM PST by upchuck (Hildabeaste as Prez... unimaginable, devastating misery! She will redefine "How bad can it get?")
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To: Just A Nobody

Woo! Freakin’ Hoo!!!


6 posted on 11/19/2007 4:33:26 PM PST by ButThreeLeftsDo (Tracking The "Flyin' Imams Since 11/20/06)
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To: Freee-dame

murtha......the other white bitch


7 posted on 11/19/2007 4:33:57 PM PST by advertising guy (If computer skills named us, I'd be back-space delete.)
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To: camerakid400
I do not believe that Murtha was acting on behalf of the US when he made that lying rant.

Extemporaneous speech outside of DC chambers should not be protected from civil action.

8 posted on 11/19/2007 4:34:48 PM PST by bill1952 ("all that we do is done with an eye towards something else." - Aristotle)
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To: Robe
How about he pays for his own lawyers?????

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

9 posted on 11/19/2007 4:34:56 PM PST by Popman (My doohickey is discombobulated)
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To: camerakid400
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.

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"?

10 posted on 11/19/2007 4:35:04 PM PST by infidel29 (Voting for Paul? Might as well make it Ru Paul, he's got better legs.)
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To: Robe

“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.


11 posted on 11/19/2007 4:35:47 PM PST by gracesdad
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To: camerakid400
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.

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.

12 posted on 11/19/2007 4:38:44 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: gracesdad

-as long as Murtha is censured and voted out of office....let’s proceed.


13 posted on 11/19/2007 4:39:27 PM PST by tioga (Over the river and through the woods to Grandmother's house we go...)
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To: camerakid400
If the court determines Murtha indeed was acting in his official capacity, the U.S. government could be substituted as the defendant —

I hope that weasel does not get off that easy. He should be made responsible for his comments.

14 posted on 11/19/2007 4:39:31 PM PST by Always Right
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To: camerakid400

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.


15 posted on 11/19/2007 4:40:40 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: infidel29
The government can trash a citizen's reputation causing undeterminable harm to that individual and simply answer "whoops, my bad"?

There is precedent:
Scooter Libby
Tom DeLay
Joe McCarthy
The Haditha Marines
Illario Pantano

...for starters

16 posted on 11/19/2007 4:42:07 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: tioga
-as long as Murtha is censured and voted out of office....let’s proceed.

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.

17 posted on 11/19/2007 4:42:32 PM PST by Always Right
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To: camerakid400
Image hosted by Photobucket.com
Who am I... and WHY AM I HERE???

ohh, yeah... THE SLANDER!!!

18 posted on 11/19/2007 4:43:09 PM PST by Chode (American Hedonist)
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To: gracesdad

When this country first started, politicians defaming people often lost their lives when they were forced to duel over it.


19 posted on 11/19/2007 4:44:34 PM PST by Dogbert41
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To: camerakid400; Just A Nobody; abigailsmybaby; Badeye; bmwcyle; brityank; desherwood7; FairOpinion; ..
The despicable Murtha is pulling out all the stops to keep from being deposed under oath, hopefully he's really squirming.

Thanks for the ping, Justa.

Murtha Watch Ping!

Photo Sharing and Video Hosting at Photobucket

Code Pinkos

To be added to the Murtha Watch ping list please notify myself or RedRover.

20 posted on 11/19/2007 4:44:40 PM PST by jazusamo (DefendOurMarines.com)
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To: freema

Sorry...missed you the first time!


21 posted on 11/19/2007 4:44:48 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: jazusamo
You are welcome jaz!

I'm ready for some country fried murtha!

22 posted on 11/19/2007 4:46:17 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: gracesdad

I don’t recall this being a problem previously.


23 posted on 11/19/2007 4:46:22 PM PST by purpleraine
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To: Ramius

I correct myself: Murtha is on the Appropriations committee, Subcommittee on Defense— Where he is the chairman.

So I ask again: Yes, I know this isn’t strictly the “chain of command”... but there certainly should be, given the circumstances. His prejudicial statements, in his powerful position over the Defense department, ought to be construed as “Unlawful Command Influence”.


24 posted on 11/19/2007 4:47:08 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: ButThreeLeftsDo
;*)
25 posted on 11/19/2007 4:47:37 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: camerakid400

That a man who wore the uniform of the United States Marine Corp could say such things about his brother Marines is just shameful. Of course, in order to understand what shameful means you have to have a sense of shame.


26 posted on 11/19/2007 4:50:43 PM PST by ops33 (Retired USAF Senior Master Sergeant)
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To: Just A Nobody

Ran into that slimeball a year ago when he was here stumping for that FBI whistle blower, Coleen Rowley, that was running against congressman John Kline, here in Minnesota.

He was no help, and I was a pain in their collective ass.

Time for Fat Jack to go down!!


27 posted on 11/19/2007 4:54:16 PM PST by ButThreeLeftsDo (Tracking The "Flyin' Imams Since 11/20/06)
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To: Just A Nobody
There is precedent:

Ramos and Compean... certainly precedent. Precedent still doesn't make it right in my view.

28 posted on 11/19/2007 4:57:19 PM PST by infidel29 (Voting for Paul? Might as well make it Ru Paul, he's got better legs.)
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To: camerakid400

It should only start with the civil suite. It should end with Murtha being arrested, tried and convicted in criminal court and possibly even being tried for consciously, maliciously and with full intent, giving direct aid and comfort to our enemy during a time of war by producing a propaganda effort on their behalf.


29 posted on 11/19/2007 4:57:53 PM PST by Grimmy (equivocation is but the first step along the road to capitulation)
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To: Girlene

What day is it????


30 posted on 11/19/2007 4:58:18 PM PST by lilycicero (Weird things do happen.)
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To: Freee-dame

It’s getting more difficult to distinguish our enemies. DOJ now representing traitors saying things for the US? Murtha doesn’t speak for me, he is not President nor Commander In Chief. Can any idiot say anything in Congress and get my money to pay for his lawyers?


31 posted on 11/19/2007 5:00:07 PM PST by caisson71
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To: ButThreeLeftsDo
I was a pain in their collective ass

THANK YOU!!! Any pain you can cause him is a beautiful thing to me.

32 posted on 11/19/2007 5:01:49 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: gracesdad

>> We despise what Murtha said, but next time it could be an abortion doctor suing for being called a baby killer or something similar.

This wouldn’t happen. An abortion doctor is, by definition, a baby-killer, and a statement of fact can’t be libelous.

Government employees truly guilty of libel ought to be accountable for their libelous statements. Period.


33 posted on 11/19/2007 5:03:04 PM PST by Nervous Tick (Retire Ron Paul! Support Chris Peden (www.chrispeden.org))
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To: infidel29
Ramos and Compean...

Oh my...how on earth did I miss them? Apologies.

Oh, I don't think it is right. I simply pointed to the fact that it has been done very successfully by the enemies of the state.

34 posted on 11/19/2007 5:04:15 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Just A Nobody
I'm ready for some country fried murtha!

YUK!!! al Murthawy is in a soup now!

Hi, justa! Good to see ya, veteran FReeper!

35 posted on 11/19/2007 5:04:44 PM PST by melancholy (Beware of Ho Chi Minh's offspring, Ho She Marx , invading the WH.)
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To: gracesdad
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.

When/If it's determined that he wasn't acting in an official capacity, though, he should start paying his own lawyers immediately and stop using government-paid lawyers.

36 posted on 11/19/2007 5:05:27 PM PST by Bob
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To: melancholy
Mel!!! Great to see you and thanks for the promotion. ;*)
The big 3-0 is coming up for you.
37 posted on 11/19/2007 5:07:34 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: caisson71
Can any idiot say anything in Congress and get my money to pay for his lawyers?

Apparently so!

38 posted on 11/19/2007 5:11:38 PM PST by pray4liberty (Watch and pray.)
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To: Just A Nobody
Oh, I don't think it is right. I simply pointed to the fact...

I gathered, I worry about some of the powers the bureaucracy as accrued over the years. Some? More like most.

39 posted on 11/19/2007 5:12:09 PM PST by infidel29 (Voting for Paul? Might as well make it Ru Paul, he's got better legs.)
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To: upchuck

SOUNDS LIKE A JOB FOR THE GREAT ONE...MARC LEVINE
OR MAYBE TED OLSON?

LETS GET SOME FREE LEGAL TALENT TO REPRESENT THIS GALLANT WARRIOR.....


40 posted on 11/19/2007 5:13:27 PM PST by flat
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To: Just A Nobody

We’re getting old, aren’t we? LOL

BTW, what happened to Pissant? I received a threatening FReep mail from the now-banned Im4Fred, whom I never heard of, mentioning something about Pissant banning.

What was this all about?


41 posted on 11/19/2007 5:14:45 PM PST by melancholy (Beware of Ho Chi Minh's offspring, Ho She Marx , invading the WH.)
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To: Just A Nobody

Just one of my pet peeves is when some despicable memeber of Congress like Murtha is called a “Congress Critter” In my view it makes them appear to be warm fuzzy and lovable like a little “bunny critter” ... that is NOT what I think of them ... but then again ... it’s just me


42 posted on 11/19/2007 5:15:33 PM PST by clamper1797 (Fred Thompson - Duncan Hunter for POTUS and Vice Potus in either order)
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To: lilycicero; Just A Nobody; 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; A.A. Cunningham; ASOC; ...

http://www.freerepublic.com/focus/f-news/1926326/posts?page=101#101


43 posted on 11/19/2007 5:27:20 PM PST by freema (Proud Marine Niece, Daughter, Wife, Friend, Sister, Aunt, Cousin, Mother, and FRiend)
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To: clamper1797
Gotcha! When I say "CONgre$$critter" I generally envision a money snorting RAT CONning the sheeple.

It's all in how we perceive the term.

44 posted on 11/19/2007 5:33:20 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: camerakid400

Hoo-AH, Marine!!

Murtha better be begging for mercy when Sgt. Wuterich gets done with him.


45 posted on 11/19/2007 5:35:48 PM PST by DustyMoment (FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
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To: melancholy
Yes! Please...no further reminders. LOL!

Not sure what happened as I have been gone. I did receive the spam FRmail and read about the ban, but I missed it and I really miss pissant!

46 posted on 11/19/2007 5:36:22 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: freema

What a load of crap that is!


47 posted on 11/19/2007 5:39:11 PM PST by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Just A Nobody
Hey, Justa! I miss pissant, too.

BTW, today is the second anniversary of the Haditha ambush and the death of LCpl Miguel Terrazas.

I hear some civilians got caught in the crossfire in Haditha as well. Well, that's what comes from letting men with AK-47s into your home.


48 posted on 11/19/2007 5:41:09 PM PST by RedRover (DefendOurMarines.com)
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To: infidel29
He needs to be sued and censured.

He needs to be standing on a corner with a cardboard sign instead of in the Senate.

Honorable, my butt.

49 posted on 11/19/2007 5:41:56 PM PST by Loud Mime (The Democrats made people believe that govt. lawyers are victims, whatta country!)
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To: RedRover

http://www.opinionjournal.com/editorial/feature.html?id=110010752


50 posted on 11/19/2007 5:45:00 PM PST by Loud Mime (The Democrats made people believe that govt. lawyers are victims, whatta country!)
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