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.

I defended a soldier at a Summary
Old Country Boy on June 17, 2008 at 5:31 PM

They are using lawyers at Summary Court Martials now? I’ve been retired for over 3 years, just asking.

Some bloggers are claiming this means Chessani’s been cleared. Not so. It might actually be more significant than that.

AP

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

Yeah, I don’t get it. What would be “more significant” than getting cleared? Certainly not getting cleared on a procedural error?

And then plant a flag in his backside, Iwo Jima style.
sulla on June 17, 2008 at 2:22 PM

We don’t have a mountain brigade to get that high up in the atmosphere to plant that flag.

Tango (thanks)!

15 May 2007

From the Jurist, Pitt School of Law

US Marine Capt. Randy Stone did not commit a criminal dereliction of duty in his failure to investigate the killings of 24 Iraqi civilians at Haditha, Col. John Ewers said during testimony at Stone’s Article 32 hearing Monday. While Ewers implied that Stone made a mistake by not investigating, he testified that “without being asked by his commander to do an investigation, I didn’t think it rose to the level of criminal dereliction.”

Mattis testified he never talked with Ewers about Haditha, although Ewers was present during a number of legal meetings where Haditha and Chessani were discussed.

Military policy prohibits Ewers from offering legal advice because he also was an investigator in the case.

Mattis referred charges against Chessani when he was both commander of the Marine Corps Forces Central Command and the commander of the 1st Marine Expeditionary Force at Camp Pendleton.

He has since been promoted and serves as commander of both NATO’s Supreme Allied Commander Transformation and commander of U.S. Joint Forces.

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.

Richard Thompson, President and Chief Counsel of the Law Center, commenting on the judge’s decision had this to say, “We are all grateful for the judge’s ruling today. He truly was the “last sentinel” to guard against unlawful command influence.”

“Tragically, our own government eliminated one of its most effective combat commanders. The insurgents are laughing in their caves,” said Thompson.

LtCol Chessani’s official 2006 Combat Fitness Report declared him “a superb leader, who knows his men, knows the enemy, knows his business,” and recommended him for promotion. The reviewing Major General added, LtCol Chessani has “unlimited potential and value to the Marine Corps,” and also recommended him for promotion.

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!

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

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?

And obligatory lol, murtha.

Eat it, Murtha!

Every.

Last.

Bite.

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

Anyone wanna take bets on Jason Mattera (YAF) taking him on again?