Posted on 07/09/2008 7:55:33 AM PDT by RedRover
ANN ARBOR, MI – In Iraq, LtCol Jeffrey Chessani, one of America’s most effective combat commanders, led the 3rd Battalion, 1st Marines — one of the Marine Corps’ most decorated units. After devoting over 20 years of his life to the Corps, and three tours of duty in Iraq, he was criminally charged by government prosecutors for the combat action taken by four of his Marines who engaged insurgents in a fierce house-to-house, room-by-room battle, after being ambushed in Haditha, Iraq on November 19, 2005.
On June 17, 2008 Military Judge, Col Steven Folsom, USMC, dismissed all charges against LtCol Chessani, on the grounds of unlawful command influence.
Attempting to revive their failed prosecution, Government prosecutors yesterday took the required second step in their appeal of the Judge’s ruling by filing the authenticated record of trial with the Navy and Marine Corps Court of Criminal Appeals (NMCCA). The government now must file their appellate brief within twenty days — no later than July 29, 2008.
LtCol Chessani is represented by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. Once the government’s brief is filed, the Law Center has twenty days to respond.
The Law Center intends to request oral argument in front of the NMCCA’s three-judge panel which consists of Navy and Marine officers. The panel holds its hearings in Washington, DC. The NMCCA can take anywhere from 2 to 6 months to render an opinion after oral arguments are heard.
The losing party has the right to request an appeal to the next level, the Court of Appeals for the Armed Forces (CAAF), which is composed entirely of civilian judges.
Moreover, if the government losses all of its appeals, it still has the option of re-filing the charges against LtCol Chessani.
“This is certainly a David versus Goliath battle, ” said Richard Thompson, President and Chief Counsel of the Law Center, “but we will fight this unjust prosecution as long as it takes.”
LtCol Chessani has been under investigation and prosecution since March 2006 involving the November 19, 2005 battle of Haditha.
The Thomas More Law Center fights in the courts to preserve America’s Christian heritage and moral values. It defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, 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 our website at www.thomasmore.org.
I’m starting to think these prosecutors need to be hanged for treason.
Some vindictive government puke is on a mission.
The prosecutors involved in this witch hunt should be tried for treason and f###ing shot.
If I posted what I am thinking I would be banned. What utter horsehockey. Just who the hell do these government hacks think they are? First we have FatJack trying and convicting these honorable men before they’ve even been charged, and now we have the gov’t determined to railroad a US citizen who was doing his job - the one THEY sent him to do. I am beyond pissed.
These prosecutors literally make me sick.
What on earth does that picture have to do with LtCol Chessani? Am I missing something?..........
Why can’t they just drop this. The government should grant Lt. Col. Chessani his retirement, and let the charges stay dismissed.
Think of the Thomas More Law Center next time you order a Domino’s pizza.
Posted: June 18, 2008
6:14 pm Eastern
© 2008 WorldNetDaily
Lt. Col. Jeffrey Chessani
With most of the eight Marines charged in the Haditha, Iraq, incident now exonerated, the highest-ranking officer among the accused 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.
http://www.wnd.com/index.php?fa=PAGE.view&pageId=67434
intersting isn't
That’s precisely the problem: he was NOT acquitted, the charges were dismissed. The government has the right to appeal the military judge’s finding of unlawful command influence, just as the defense would have the right to appeal an adverse finding. And before you respond too harshly, I agree that this case should be left where it is. I’m just explaining the process, not the principles of those making use of it.
Colonel, USAFR
The enemy is within, the problem who are they?
I don't believe he was acquitted. The article said the charges were dropped because of undue command influence.
If the appellate court had reversed the decision and found him innocent instead of dropping the charges, he would have been home free.
Pure Balderdash! This is political, nothing more!
Pure Balderdash! This is political, nothing more!
Unfortunately, this is, for me, going to be a big part of the Bush legacy, that he stood by silently while his soldiers, marines and border patrol agents were being persecuted. His failure to lead in these areas give legitimacy to the evil behind the American war on Americans.
Once again: it may be political, but they’re doing procedurally what they’re entitled to do. Doesn’t make it morally right. My point was that he wasn’t acquitted, not that he shouldn’t have had the charges dismissed.
Obviously, you don’t want the CIC intervening in every military prosecution, as some are quite legit. But this whole fiasco regarding Haditha should definitely have been stopped cold.
The graphic has nothing to do with LtCol Chessani. It’s just a ping.
After two years, people on the Haditha Marine Ping List got bored with the old graphic and the cry went up for something new. If you like the old one better, I’ll change it in a bit.
The Haditha trial has drug on long enough. There are now zero murder charges on the table. SSgt Wuterich, the lone combatant still to face trial, is being tried for decisions made on the battlefield while under fire in an insurgent setting in which insurgents were hiding behind women and children.
The command reported and believed, and inquiries established, that this was a military engagement with civilian collateral damage. The unit’s lawyer stated as much and said that as he understood the law, there was no reason to order an investigation. Even the higher command chain were well aware of the incidents in Haditha that day. First, they were watching the engagements via eye-in-the-sky. Second, LtCol Chessani stayed in contact with them and followed up with reporting and even forwarded a Powerpoint presentation on the entire affair.
The result of that was his higher was in agreement with his pursuing decorations/awards for some of the soldiers involved in the combat engagement that day.
With those facts, I can’t imagine that the prosecution thinks it will get a conviction of either Wuterich or Chessani. Also, given the adamant, severe, and unequivocal pronouncement by Judge Folsom that UCI was undoubtedly present in Gen Mattis/Helland’s staff meetings, one has to wonder what point of law that the prosecution thinks Folsom to be wrong about. If I understand correctly, appeals have to be about mistakes of law and not a re-hearing of facts.
The US Marine Corps looks foolish in this. They should drop it. They are only going to continue to be burned.
One has to wonder if this case would be dropped if Chessani were not going to sue Murtha for defamation.
We like to say that there is no UCI possible between Murtha and a military trial, but it is possible that some civilian charge would be appropriate: obstruction of justice, manipulation of a trial....something.
I take the blame...I am the cry baby who needed a new ping.
Can’t believe there hasn’t been a “May the Ping be with you”....
The lead prosecutor is LtCol Sean Sullivan, a Marine reservist from Chicago and a lawyer in civilian life. He’s the public face of the prosecution.
I’ve never seen an understandable graph of LtCol Sullivan’s chain of command. At least not one that’s understandable to me. In any event, it would snake up through the Covening Authority, LtGen Samuel Helland (who’s acting on the advice of his SJA, LtCol William Riggs).
Beyond the Covening Authority, responsibility goes to the CIC. But this is LtGen Helland’s ballgame.
Even though LtCol William Riggs supposedly removed himself from the one case that he definitely improperly interfered with, his name seems to keep popping up.
Do you know if he is still actively working on these cases even if in a command status instead of the courtrooms?
If he is he could be ultimately responsible for this appeal and the appeal in SSgt. Wuterich’s case. If so it would be interesting to find out his personal connections, if any, to Winter, Murtha or anyone else in high places.
Robert Gates felt called upon to prompt uniformed officers accordingly when he addressed Air War College students at Maxwell-Gunter Air Force Base in April. His speech was more than a prompt; it was an inspiration. “The Armed Forces will need principled, creative, reform-minded leaders” who “want to do something, not be somebody,” Gates said.
The secretary continued by quoting Air Force Col. John Boyd: “If you decide to do something, you may not get promoted, and you may not get good assignments, and you certainly will not be a favorite of your superiors. But you won’t have to compromise yourself.”
More Marine officers need to get this memo.
Thanks for the info, RR
While everyone was concerned about Clinton granting pardons, the focus should have been on the Clinton's placing their people throughout the government in permanent position to create this type of problem we are seeing at this time.
Moreover, the treasonous leaks that have been taking place were well planned, timed and implemented to weaken the Bush Administration and the military.
Most of all, I am well aware of the laws and the procedures. This is political and has nothing to do with the “law” or the “procedures”.
If what you say is true, the rot reaches far and wide within the Marine Corps. The prosecutors are Marines.
Prosecutors have to go to law school, have you attended or read about the average law schools in America today? They teach the same lie spewed by Kennedy (I can't call him a Justice).
Many law school professors teach that the Constitution needs to be rewritten, revised, or amended out of existence.
We have always been told the enemy is within, but exactly who is the enemy we are fighting?
Gates dropped the hammer on the AF brass a few weeks ago.
If I understood Gates’ complaint correctly, he was saying that these generals thoughtlessly were following a system that wasn’t necessarily in touch with real world operations.
I remember during the takedown of Panama that our Army aviators were doing missions around the clock. We were at Howard AFB with the AF aviators...to include their rotary aviators. The AF counterparts would come in after a 6-8 hours shift and proclaim “crew rest,” meaning they were taking 18 hours off and don’t bother them with the details.
It seemed to escape them that a war was going on all around them. “Crew rest” had become an idol at which all of them worshipped. Our pilots believed they were saying, “the situation at hand can go to hell as far as we’re concerned.”
I don’t know if that’s what Gates’ meant by his complaints, but there was definitely something broken in the incident I just mentioned.
Excellent post!
“Somebody” needs to yank his head out of his Presidential backside and pick up the phone and put an end to this disgraceful circus.
Wish I could argue with you...BTW, I was on Albrook when the 105s started pounding at 0050 on 20 Dec 89 (I think). On our way out the door PCS, already outprocessed and they wouldn’t even arm me (”Gee, Sir, we don’t have you on our books anymore...”. Stuff was broke for sure.
Colonel, USAFR
You’re apparently determined not to take my point. Sorry about that.
the prosecutor goes by code name “Fitzmas” ;)
So its your fault! I like the new graphics kinda of a nice change up.
You been reading my mail.
What a lot of people fail to realize is that this type of bullsh** goes on day in and day out in the civilian courts. Most people never have to face a jury, or deal with "the Law".So the regular Joe Blow doesn't understand this. Prosecutors, judges, lawyers are all the of the same ilk. And just because ,say, I have to hire a lawyer, it doesn't mean I have to like the SOB.
If you don't believe me just look at the case of those two B.P. Agents. Nothing special there, it just got national attention.
And I've been saying this from since when I got on FR, (and way the heck before that). Just because it is "the Law" don't make a thing right. And if you can't differentiate between the two, you ain't worth it. Just ain't worth it at all.
And I don't really agree that these persecutors are traitors. They are just too stupid to know the difference. Rounding up a few hundred thousand and gassing them into trenches would be a nice way of cleaning up the gene pool, nothing more.
Cheers.
It just struck me as unusual in that the guys in the truck are rednecks getting ready to shoot Peter Fonda and the other guy off their motorcycles in the last scene from Easy Rider. I couldn’t see what this has to do with the military at all..........
If the ruling were left unappealed, charges against Staff Sgt. Frank Wuterich would have to be dropped because of the pending motion to dismiss the charges against Wuterich because of unlawful command influence - Sullivan cannot let that happen.
If the ruling were left unappealed by Sullivan, it would look like an admission of unlawful command influence - it's one thing to have a judge rule against you, it's another to accept the ruling as correct.
IMO, preservation of the honor of the USMC is stake. The evidence for unlawful command influence appears to point all the way to the top, i.e., Lt. Gen. James N. Mattis, Commander of U.S. Joint Forces Command; and retired the former Commandant of the United States Marine Corps, Gen. Michael W. Hagee. There's just no way that a ruling of unlawful command influence in these last two prosecutions is going to be let go without a fight.
And that is the saddest commentary and the most sickening aspect of the whole shebang. That is the mindset from which all the cancer grows.
Is Yoda sending you mail? Or Leah?
Quite a ball of wax.
Here's one: Professor Larry Sabato. Since the government will not follow the Constitution, just revise the Constitution to follow the government!
Thank you, I may see if my local university has this book, I most assuredly will not purchase such a book unless found at a garage or yard sale for no more than a quarter.
As for “Gridlock” that was one of the very intent of the Framers, therefore, “Change” couldn’t take place until both sides presented their case. Thus, Mobocracy would not rule and that is why we are a “republic”.
If you put on your galoshes, wading through his site is instructive enough; I wouldn’t give him the satisfaction of knowing another copy got sold.
I wish. That somebody would send me any thing. Even hate male would be fine. Hey, Hellboy 2..., gotta be better than Dr. Illbit, and now some Swiss “singing”, yodaleeahhh(owe-woe-woe)
Harhar! That hadn’t occurred to me but you’re right!
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