Surprise: Charges dismissed against top-ranking Haditha Marine
posted at 2:13 pm on June 17, 2008 by Allahpundit
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Some bloggers are claiming this means Chessani’s been cleared. Not so. It might actually be more significant than that.
A military judge has dismissed charges against a Marine officer accused of failing to investigate the killings of 24 Iraqis.
Col. Steven Folsom dismissed charges Tuesday against Lt. Col. Jeffrey Chessani after defense attorneys raised concerns that a four-star general overseeing the prosecution was improperly influenced by an investigator probing the November 2005 shootings by a Marine squad in Haditha.
The charges can be refiled but Marine central command is barred from further participation. To be clear: This doesn’t (necessarily) mean there’s insufficient evidence against Chessani to proceed, it means someone overstepped their bounds. What does that mean in this case, you ask? Read this AP story from two weeks ago. I don’t know the vagaries of military justice but it sounds like there’s supposed to be a wall of separation between the people investigating the incident and Gen. Mattis, who’s responsible for deciding whether to bring charges or not. Presumably that’s so Mattis can make up his mind based purely on the evidence and not the opinions of the investigators themselves. Did he?
The finding by Col. Stephen Folsom, the military judge, stemmed from Chessani’s claim there was a conflict of interest in the case because Col. John Ewers, a military lawyer who investigated the November 2005 killings and took Chessani’s statement, became Mattis’ top legal adviser and sat in on briefings despite military policy prohibiting him from offering advice.
Mattis testified he never had a conversation with Ewers about Hadithah, although Ewers was present during a number of legal meetings where Hadithah and Chessani were discussed.
I guess Folsom didn’t believe his testimony because today’s ruling appears to have been based on a presumption of “unlawful command influence” stemming from the Mattis/Ewers relationship. Any military readers willing and able to help clarify here? I could understand if Ewers was the higher ranking officer and was accused of pressuring Mattis to bring charges, an extreme danger in a case as politicized as that, but what exactly is the worry here about influence? Is it simply that, by having Mattis’s ear, Ewers may have introduced his lowly colonel’s opinion on the merits of the case into the charging process?
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0 for 7, baby.
One to go, and this disgrace will be over.
thirteen28 on June 17, 2008 at 2:16 PM
Wheres Jumpin Jacks apology. . . ? ? ?
Texyank on June 17, 2008 at 2:17 PM
At least the prosecutor resigned in duke non rape case
Texyank on June 17, 2008 at 2:21 PM
I’d like to see a camera crew ambush that porcine, bumbling lowlife Jack Murtha in a Capitol corridor to get a “candid” reaction.
Travis Bickle on June 17, 2008 at 2:22 PM
I hope the Marines sue the bejabbers out of Murtha.
And then plant a flag in his backside, Iwo Jima style.
sulla on June 17, 2008 at 2:22 PM
Red meat for PA voters. Guilt by association. Obama is just another Dem willing to underestimate our armed forces, cue the video of him bashing the surge, next announce all charges have been dropped against the Marines, cue tape of Murtha calling them killers.
Juicy, tasty, red…
Theworldisnotenough on June 17, 2008 at 2:23 PM
This sounds like a technicality, which isn’t what they need. This is good, but I was hoping for more, something that would actually clear their names.
Esthier on June 17, 2008 at 2:27 PM
…again.
James on June 17, 2008 at 2:36 PM
I’d like to see a camera crew ambush that porcine, bumbling lowlife Jack Murtha in a Capitol corridor to get a “candid” reaction
Travis Bickle on June 17, 2008 at 2:22 PM
whitetop on June 17, 2008 at 2:37 PM
Red meat for PA voters.
On the western side of the state, they’re every bit as stupid as on the eastern side. PA voters are too GD stupid to vote against incumbents. Just too GD stupid.
RWLA on June 17, 2008 at 2:40 PM
There is also something else going on behind the scenes. After Mattis brought charges against Chessani, he was promoted and transferred out of Camp Pendleton. He now serves as commander of both NATO’s Supreme Allied Commander Transformation and commander of U.S. Joint Forces.
Dr.Cwac.Cwac on June 17, 2008 at 2:41 PM
Anyone wanna take bets on Jason Mattera (YAF) taking him on again?
bikermailman on June 17, 2008 at 2:41 PM
I’ve said it before and I’ll say it again.
Eat it, Murtha!
Every.
Last.
Bite.
CurtZHP on June 17, 2008 at 2:41 PM
I havent been following this, just how many have been free to go so far after these trumped-up charges were made?
And obligatory lol, murtha.
mythicknight on June 17, 2008 at 2:45 PM
Interesting. That speaks to some of the questions AP had toward the end of his post. Have you come across any info that Mattis will also try to pull Ewers up with him, or something along those lines?
Weight of Glory on June 17, 2008 at 2:48 PM
Hopefully if we can get Murtha on camera and he tries that whole “Did you service in the military?!” dodge…
Hopefully the counter will be, “Were you at Haditha?! You accused these Marines of cold blooded murder. Who appointed John Murtha judge, jury and exocutioner?!”
“Since most of the Marines in this case have been cleared, perhaps your comments were simply based on political motivation? Were these Marines simply ‘bus fodder’ for your demogoguery?!”
Then catch the apoplexy on tape…
Delicious!
catmman on June 17, 2008 at 2:50 PM
I am so happy about this for the Lt. Col. Murtha, you lost again, you little worm.
L
letget on June 17, 2008 at 3:01 PM
Want to bet Fox is the only MSM outlet to give this front page coverage?
JeffinSac on June 17, 2008 at 3:03 PM
Here’s the link to the story where I got my information. I had also heard it before today.
Exit Question: Once some of the info surrounding the incident was leaked (after charges were filed and Murtha shot off his mouth), did Murtha exert any pressure on the investigators with regards to Chessani?
You can find more information at the Thomas More Law Center. They have been representing Col. Chessani in his hearings.
http://www.thomasmore.org/default-sb_thomasmore.html?130250703
A lot of the lawyers at Thomas More are military veterans.
Dr.Cwac.Cwac on June 17, 2008 at 3:03 PM
OT, catmman, great blog!
kirkill on June 17, 2008 at 3:05 PM
Here’s something interesting…..a little bit of history…
15 May 2007
From the Jurist, Pitt School of Law
Dr.Cwac.Cwac on June 17, 2008 at 3:09 PM
kirkill on June 17, 2008 at 3:05 PM
Tango (thanks)!
catmman on June 17, 2008 at 3:36 PM
Here,here, catmman; I just checked out your blog, and have added it to my bookmark favorites, blog folder.
tomk59 on June 17, 2008 at 4:33 PM
I can’t imagine he will be recharged considering how this whole endeavor has disintegrated into dust as it is. Anyone willing to bet me a million dollars Murtha apologizes? I say he never will.
NotCoach on June 17, 2008 at 5:25 PM
We don’t have a mountain brigade to get that high up in the atmosphere to plant that flag.
Mazztek on June 17, 2008 at 5:31 PM
The mose insidious thing in the military is undue or illegal command influence. I hope someone looks out after LtCol Chessani in the future. He may be toast. A long time ago I defended a soldier at a Summary. I had been trial council up until that time with a perfect record. This guy wasn’t guilty and had been abused by the command structure. The LtCol demanded he be convicted and packed the court with his todies. I hung them out to dry with challenges and demanded the charges be dropped. A call by the president of the court to JAG explaining the situation resulted in JAG telling the LtCol and court that they are lucky they are still in the Army. That resulted in a letter to my advisor at the Pentagon and a transfer out of the unit. In short, scorned Field or General Officers belong to a club and have long memories.
Old Country Boy on June 17, 2008 at 5:31 PM
I have been involved in a few cases involving “undue command influence”. Mostly they have been a higher commander telling a lower commander (me) how to adjudicate a case. See they have the option of letting me handle it… or handle it themselves. I believe that also comes into the separation between the sides of a case. JAG represents the command, TDS (Trial Defense Service) represents the soldiers accused. They are totally separate. If you are appointed an independent investigator you can’t turn around and then get a job with the prosecution (which is THE COMMAND). When somebody does a AR15-6 investigation, a report is generated laying out the facts of what happened or what you can and cannot prove happened so the commander can decide what to do. you report… he decides. The commander takes a lot of advice from his JAG (who represents his command) on what to do based on said report/evidence. you don’t get to write the report… then get a job advising the commander on what to do. (Wow! the report was right… AMAZING!!!!) Sounds crazy… but it is almost a separation of powers….
BadBrad on June 17, 2008 at 5:41 PM
If I were Jack “The Mouth” Murtha, right about now, I would getting myself a really good defense attorney. Because very very soon, he is going to need one.
pilamaye on June 17, 2008 at 5:45 PM
Yeah, I don’t get it. What would be “more significant” than getting cleared? Certainly not getting cleared on a procedural error?
Jaibones on June 17, 2008 at 6:07 PM
If anyone here submits over at FARK, please submit this bit of news. I’m curious (perversely, I admit) to see the comments.
splink on June 17, 2008 at 6:31 PM
Ooorah Devil Dog!
Viper1 on June 17, 2008 at 6:33 PM
I personally sent an email to the Thomas Moore Law Center, thanking them for the hard work of defending our military in general and Lt. Col Chessani in particular.
Vntnrse on June 17, 2008 at 7:12 PM
They are using lawyers at Summary Court Martials now? I’ve been retired for over 3 years, just asking.
Hog Wild on June 17, 2008 at 7:43 PM
Hog Wild
No. This was 40 years ago. I was a snot nosed Lt with the ability to analyze the UCMJ. I was impressed with the system, just not the field officers. If you had the elements of proof, there wasn’t much you needed to do to get a conviction, But, if even one element was not proved, no charges were preferred. The trump card the soldier used was the UCMJ requirement that any choice of defense council trumped any other order from the commander, so he chose me to keep from being prosecuted by me. The LtCol, while normally a whako, became positively unhinged, particularly when Division JAG sat on him twice.
The whole purpose of this post was to warn, don’t buck command influence if you want to have a happy military life, or in the case of Viet Nam, a continuing life.
Old Country Boy on June 17, 2008 at 10:22 PM
I hope now, that F**KING congressman John Murtha (D-OH) chokes on his donkey dung! The man is an embarrassment, and nothing but a Code Pinko POS!!!
byteshredder on June 17, 2008 at 11:47 PM
so the apologies are coming?… when again?
Drunk Report on June 18, 2008 at 4:16 AM
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