Marines appeal dismissal of charges against Haditha leader Chessani
posted at 1:39 pm on June 19, 2008 by Allahpundit
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They had three days to do it and now they’ve done it. Frank Wuterich’s the only other defendant left, so if they want a scalp they have to hedge their bets with Chessani.
The Marine Corps is appealing a military judge’s decision to dismiss criminal charges against Lt. Col. Jeffrey Chessani in the killing of 24 Iraqis in Haditha in November 2005…
“This case has turned into the persecution of one of the Marines’ finest combat commanders,” said Richard Thompson, chief counsel of the Michigan-based Thomas More Law Center, which is representing Chessani.
Chessani, 44, is charged with dereliction of duty and failure to obey a direct order for not launching a war-crimes investigation into the killings…
In its filing with the appeals court, the prosecution did not cite any basis for its appeal. Folsom had given prosecutors three days to appeal his ruling. He also permitted the Marine Corps to refile the charges although he ruled that the refiling would have to be done by a new convening authority not connected to the Camp Pendleton-based Marine Forces Central Command.
Time for the ceremonial appeal to our military readers for guidance. If Chessani wins the appeal and central command is knocked out of the case, what other “convening authority” could file suit? Presumably any authority on any Marine base is connected to centcom, which means in effect that the entire Corps is excluded. Does that mean it falls to the Navy to decide whether to charge him? Hard to believe, given the political backlash against the prosecutions, that another branch would want to get involved, which I guess means if the appeal fails we should expect that he won’t be retried.
Update: His lawyers offer this detail on their website:
LtCol Chessani’s official 2006 Combat Fitness Report, which includes the time frame in which he is facing criminal charges, 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, Lt. Colonel Chessani has “unlimited potential and value to the Marine Corps,” and also recommended him for promotion.
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They are determined to toss a bone to their enemies.
Hilts on June 19, 2008 at 1:40 PM
Wonder if Murtha has anything to do with this….
RMCS_USN on June 19, 2008 at 1:41 PM
Is there possibly an invisible hand of Murtha at work here?
Dr.Cwac.Cwac on June 19, 2008 at 1:42 PM
Hell hath no fury than that of a liberal scorned…
singlemalt_18 on June 19, 2008 at 1:42 PM
Bingo.
davidk on June 19, 2008 at 1:43 PM
Or a liberal proved wrong.
Dr.Cwac.Cwac on June 19, 2008 at 1:44 PM
The threat of a lawsuit against Murtha most likely prompted this.
HawaiiLwyr on June 19, 2008 at 1:45 PM
Allah, I think the only remaining recourse is the Naval Court of Criminal Appeal and then the U.S. Armed Forces Court of Appleal. if they still want to drive this one, it can go to the SCOTUS, but that is very rare.
Squid Shark on June 19, 2008 at 1:50 PM
Would those courts initiate a prosecution, though?
Allahpundit on June 19, 2008 at 1:51 PM
Sorry, scratch my last. Another convening authority could take up the case since the charges were only dismissed and he was not formally aquitted.
If another convening authority decides that the case has merit, he can reconvene a General Court Martial, however, all GCM cases are reviewed by OJAG (Big JAG in the Sky). The person who reviews this case will likely be the same one who reviewed it last time and issue the same reccomendations. The GCM would have to come to a different conclusion, and justify it.
Squid Shark on June 19, 2008 at 1:54 PM
I agree..I smell Murtha all over this.
becki51758 on June 19, 2008 at 1:55 PM
Negative, they are ONLY appeals courts. I do not know of many examples of someone outside of ones Chain of Command convening something as serious as a General Court Martial without leaving serious grounds for appeal. The GCMCA is supposed to be the first “star” (General or Admiral) in the servicemembers operational chain of command.
Squid Shark on June 19, 2008 at 1:56 PM
I don’t believe Grandpa McCoy has the smarts to push it. It smells of Pentagon PC to me.
Limerick on June 19, 2008 at 1:58 PM
“I just smell Murtha…” I THOUGHT there was an odor coming from somewhere!!
jeanie on June 19, 2008 at 1:58 PM
Ditto. Like Hilts said, they’re trying to throw a bone to their enemies.
amerpundit on June 19, 2008 at 2:00 PM
It may be different in the Marine Corps but in my experience, FITREPS mean not too much. Most people are “superb leaders”, “unlimited potential” normally means he is not realizing it and can do better. And alot or O-5’s are reccomended for promotion, particularly if they are combat leaders.
Squid Shark on June 19, 2008 at 2:01 PM
I agree, Murtha would not have any pull here.
I dont see Sec Winter pushing this either.
Squid Shark on June 19, 2008 at 2:02 PM
This is reminding me more and more of the Dreyfuss trials. Like Alfred Dreyfuss over a hundred years ago, Lt. Col. Chessani and Sgt. Wuterich are being made to pay the price for the arrogance of powerful figures and institutions such as Murtha and the media. Like the French Army and Government, Murtha, the prosecutors, and the media will not admit they were wrong and acted out of a spirit of hatred, prejudice, and injustice.
To Murtha, the prosecutors, and the media, I utter Emile Zola’s words: J’ accuse
Matt Helm on June 19, 2008 at 2:11 PM
What about the 4 star who was accused of being improberly influenced ?
William Amos on June 19, 2008 at 2:14 PM
This particular case is completely irrelevant to Murtha. LtCol Chessani is NOT charged with ‘killing civilians in cold blood.’
He may well be found guilty of the charge of not launching a war-crimes investigation, and still it would say absolutely nothing about whether any war crimes were actually committed.
In other words, it’s not the crime, it’s the cover-up.
James on June 19, 2008 at 2:27 PM
He’ll skate.
Prosecution is only for the little people.
thirteen28 on June 19, 2008 at 2:27 PM
WHAT THE &^%$! ! ! ! ! ! ! ! !
They had their day in court. They did their best to convict innocent men. WHO are the specific officers requesting this retrial? Haven’t the plaintiffs gone through enough already?
Good god…
cannonball on June 19, 2008 at 2:28 PM
Whats going to be interesting is who they can find to be a conveneing authority…
I thought it had to be in the Chain of Command… and this was thrown out due to being influenced by Command Authrority… so it would seem to me that the next up in the Chain would be Patreus?
Problem here is that there are Legal Chains of command, which sometimes differ from Operational Chains of Command… I had that problem when I was in Hawaii… worked directly for COMSUBPAC, but my paperwork went through a Captain at NAVCAMSEASTPAC.
Romeo13 on June 19, 2008 at 2:29 PM
Any other Marine Corps commander at the General Court Martial level could newly refer the charges.
Muswell Hillbilly on June 19, 2008 at 2:34 PM
Petraus is not in the COC for these guys now that they are our of theatre. They can change convening authority similar to a change of venue charge.
Squid Shark on June 19, 2008 at 2:35 PM
By Legal COC, you prolly mean Admin COC, correct?
Squid Shark on June 19, 2008 at 2:36 PM
Can be an Admiral at a joint command I believe.
The Navy and Marines chare the same appeals court too.
Squid Shark on June 19, 2008 at 2:37 PM
This Murtha angle you guys are peddling is idiotic.
At worst, it’s the Marines trying to not look stupid by losing all their Haditha cases.
Really, refiling the charges were appropriate given the circumstances under which they were dismissed – unlawful command influence has NOTHING to do with the truth or falsity of the underlying conduct of the defendant. It’s a procedural defect. As a result, the main question of, “did the defendant commit the proscribed acts?” was never touched.
Muswell Hillbilly on June 19, 2008 at 2:38 PM
If not Murtha, do you think it’s someone sympathetic to the Democrat cause that is in the DIA?
Dr.Cwac.Cwac on June 19, 2008 at 2:46 PM
Just like the French Army with the Dreyfus trial. And yes, part of it is the Marines trying not to look stupid; but part of it is also motivated by the desire not to make Murtha and media interests who jumped to a presumption of guilt look stupid as well. Not to mention the fact that Murtha is facing at least one civil suit–just think about how it would look if all defendants were found innocent should his suit actually make it to court.
Matt Helm on June 19, 2008 at 2:48 PM
Yep
Romeo13 on June 19, 2008 at 2:50 PM
And obviously, not looking stupid is far more important than dropping the charges against Chessani and Wueterich after they have already gone a dismal OH-FOR-SIX, which would indicate to somebody with a clue that they HAVE NO CASE.
Instead, by trying (too late) to avoid looking stupid, they are going to also make themselves look petty, vindictive, and compromised by considerations other than justice for our Marines.
Pathetic and disgraceful.
thirteen28 on June 19, 2008 at 2:51 PM
Murtha can’t claim any vindication from a LtCol Chessani conviction, either…remember, he’s an ass for presuming the guilt of the Marines who were actually in Haditha, not anyone higher up in the chain of command who may or may not have committed crimes for their subsequent actions.
James on June 19, 2008 at 3:00 PM
Guys,
Murtha has no pull with the people bringing these charges.
There is no conspiracy.
Move along, nothing to see here.
Squid Shark on June 19, 2008 at 3:02 PM
back in the 2004 election when Kerry’s fitreps were posted on blogs they read very well. it looked like he was outstanding and thought of very highly. but than a commenter w/ military experience “translated” them for us civilians and it was interesting how certain codewords are used that the promotion boards and others understand what they mean and act accordingly. that poster said even the worst soldier could have fitreps that made him seem like audie murphy to the untrained eye.
chasdal on June 19, 2008 at 3:03 PM
I would be more qualified to read Kerry’s than Chessani’s. I have written more than a few in my day, and have recieved plenty too. I dont know how the Marines roll though.
Squid Shark on June 19, 2008 at 3:05 PM
This is Murtha driving this. He is using his position and the Defense Appropriations committee to hold the services hostage. He is a disgusting piece of garbage. He knows his goose is cooked if these civil suits get to court, so the best way to prevent that is to tie these guys up so they can’t proceed.
Please do not underestimate what the left will do. That is the Republicans biggest problem, they keep thinking they are dealing with people who play it fair and straight. The other side will bring a gun and a knife to a knife fight and while you are concentrating on the gun, they’ll knife you in the back. Understand that all’s fair in love and war and the left believes itself to be at war, not with terrorists and bad guys, but with right thinking Americans and our honorable and brave. They have zero class and no sense of right and wrong, everything is relative.
Pal2Pal on June 19, 2008 at 3:25 PM
I just wonder if Murtha will have anything to say to the public when the Marines get their scalp?
d1carter on June 19, 2008 at 3:55 PM
Your do NOT know how they roll, however you have a lot to say.
That is my take, especially when you see everyone in the Military crap all over themselves when anyone from Congress is around.
Wade on June 19, 2008 at 3:58 PM
But do they strenuously object?
Laura on June 19, 2008 at 4:15 PM
Rather uncalled for.
Because we are supposed to render them respect.
Squid Shark on June 19, 2008 at 4:16 PM
This may be procedure. Like the defense will almost always appeal.
Squid Shark on June 19, 2008 at 4:18 PM
Ok, so the case gets tossed because of unlawful command influence.
People say “hooray! UCI is evil and horrible”
Gov’t appeals the decision because they think (presumably) that there was NOT UCI and the response is “Ahhh…it MUST be Murtha!”
And yet nobody thinks that such scenario wouldn’t get tossed on the same ground?
Hooookayyyyyy….
Oh, and don’t believe everything that’s on your OER (or FITREP)…
greenonions on June 19, 2008 at 4:18 PM
BTW, I have alot to say because I have experience here. Military law is generally Uniform, hence the “U” in UCMJ
Squid Shark on June 19, 2008 at 4:19 PM
Very good post and point
Squid Shark on June 19, 2008 at 4:20 PM
BTW, I have alot to say because I have experience here. Military law is generally Uniform, hence the “U” in UCMJ
Squid Shark on June 19, 2008 at 4:19 P
Wade on June 19, 2008 at 4:24 PM
I dont know what your deal is, but how about your contribute or shut up.
Squid Shark on June 19, 2008 at 4:25 PM
BS. Respect is earned.
Wade on June 19, 2008 at 4:26 PM
What contribution did you making in the military when you do not know how they roll?
Wade on June 19, 2008 at 4:28 PM
Ever heard “salute the rank, not the man”
i respect their office, the office whos orders I am sworn to obey. The person holding that office is not who I am bound by law and custom to render honor to.
Squid Shark on June 19, 2008 at 4:28 PM
Noted. When you’ve earned it, please let us know…
greenonions on June 19, 2008 at 4:32 PM
Nothing to do with respect. Many officers are not respected and no number of laws or rules can change that.
Wade on June 19, 2008 at 4:32 PM
I know how the military justice system works.
I was referring to the FITREP, I saw alot of the code words in there that I have used in the past to downgrade a person. I do not know how the Marine Corps and Army work specifically, but I understand that they have the same philosophy WRT FITREPS.
Squid Shark on June 19, 2008 at 4:32 PM
He was speaking about not knowing how the Marines “roll” with respect to how evaluation reports ya tool…
greenonions on June 19, 2008 at 4:33 PM
This is not about me, go troll somewhere else.
Wade on June 19, 2008 at 4:33 PM
Let me rephrase Private Nitpick,
we render honors even if we do not respect the person we are rendering.
Squid Shark on June 19, 2008 at 4:34 PM
What kind of contribution did you make when you do not know how they troll?
(incidentally, it IS about you insofar as you are an ignorant conspiracy minded twazzle who doesn’t know an Article 15 from a 15-6 and continues to spout off on the nature of MJ)
greenonions on June 19, 2008 at 4:36 PM
Sounds like you are straight out of the leftists talking point book. Attack the messenger, by calling names and then tell the world what others mean. End of discussion with you.
Murtha is a jerk and will not be made to look wrong. One of his comments to an interview is the Hidatha issues were not over. He will hound the Marines to get his way.
Wade on June 19, 2008 at 4:39 PM
Pot meet kettle
Squid Shark on June 19, 2008 at 4:42 PM
You have no message, dear messenger, save that Murhta is a jerk, a point we likely all agree on.
Squid Shark on June 19, 2008 at 4:43 PM
Another name caller. BTY it is Gunny Nitpick.
Wade on June 19, 2008 at 4:46 PM
Well you act like a Private, I would expect better than your toll-like behavior, Gunny.
Squid Shark on June 19, 2008 at 4:48 PM
This is the pressure that the military leaders get from the press more than anything. There is a fear of being accused of a “cover up” if they fail to go after them.
It is the price of being in the all-volunteer military of a free country.
The price Murtha will have to pay is that he will likely get his butt sued and he will lose.
Squid Shark on June 19, 2008 at 4:59 PM
WHAT!
The border patrol has its hands tied. The Marines are trying to prosecute Marines.
Does anyone here feel like it’s worth protecting this nation?
madmonkphotog on June 19, 2008 at 5:16 PM
Who else would the Marines prosecute?
greenonions on June 19, 2008 at 5:18 PM
wouldn’t it be interesting if Chessani and Wuterich were kept swinging in the breeze until after the elections. Would anyone suggest Murtha had no influence then.
davod on June 19, 2008 at 5:47 PM
I’m sure president hussein will make sure he faces justice, probably in the hague.
manfriend on June 19, 2008 at 6:11 PM
Do ya spose the Murtha made a quick phone call in an attempt salvage his own ass??
allrsn on June 19, 2008 at 9:53 PM
Wade,
Just for the record, here is a JAG officer telling you that you are a clueless jackass when it comes to MJ (or, for that matter, just sounding like anything other than a 13 year old tapping away without thinking).
Muswell Hillbilly on June 19, 2008 at 10:32 PM
Even if Chessani is convicted it’s BECAUSE he was right. The basic accusation has turned out to be bogus. Doesn’t that vindicate Chessani’s refusal to do anything about it (IF that’s what happened)?
Pythagoras on June 19, 2008 at 11:23 PM
they’re just showing the world how above board the marines are
nothing to see here folks—move along
devadevadasa on June 19, 2008 at 11:25 PM
Make that one and a half JAG’s.
Squid Shark on June 19, 2008 at 11:42 PM
Hey! I am certified and qualified under Article 27(b) and sworn under Article 42(a), UCMJ. I have not acted in any manner which might tend to disqualify me in this court-martial.
…or something…
greenonions on June 20, 2008 at 7:47 AM
I was saying I am a half JAG.
I am in Law School
Ive been in the Navy for 9 years.
Squid Shark on June 20, 2008 at 8:34 AM
First, a couple of years Shore Patrol duty at NAS Atsugi doesn’t qualify me to get into the legal points of this discussion. Second, most E-1 to E-3 Guard House/Sea Lawyers, at least in my experiance, get it better than Wade has. I expect that Any PFC there ends in civilian.
Linh_My on June 20, 2008 at 9:14 AM
Nothing to do with respect. Many officers are not respected and no number of laws or rules can change that.
Wade on June 19, 2008 at 4:32 PM
Correct. But let’s see that excuse fly if you fail to render proper C&C when they walk by.
The fact that an appeal was refiled without citing anything could show the MC is just going through the motions now; just doing what they are expected to do since they have so much tied up in this at this point – but not really wanting to pursue this strenuously…
catmman on June 20, 2008 at 10:23 AM
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