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ANN ARBOR, MI – One of the most controversial and politically tainted prosecutions in recent American military justice history will be argued before a panel of three Navy and Marine officers in the Navy-Marine Corps Court of Criminal Appeals (NMCCA), located in Washington, D.C., on Friday, October 17, 2008 at 10 am EST.

Click here to read the NMCCA’s order setting the date for the appeal arguments.

The case involves the criminal prosecution of Lt. Colonel Jeffrey Chessani, USMC, stemming from the legitimate combat action taken by four enlisted Marines in his command after they were ambushed by insurgents in Haditha, Iraq, on November 19, 2005.  LtCol Chessani is the highest ranking officer to be charged in the much-publicized and ill-described “Haditha massacre.”

LtCol Chessani was charged with failure to properly report and investigate the actions of his Marines.   Eearlier this year, however, military judge Colonel Steven A. Folsom, USMC, dismissed all the charges on the grounds of unlawful command influence, which he described as “the mortal enemy of military justice.”  The Government immediately appealed the decision to the NMCCA.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represents LtCol Chessani alongside his detailed military attorneys.  Law Center attorney Robert Muise will argue the case on behalf of LtCol Chessani.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “For the last two and a half years, Lt. Colonel Chessani, has been investigated and prosecuted for his involvement in the so-called “Haditha massacre” – a massacre the Government now knows never happened.  This loyal officer who, served 20 years defending our nation, including three tours of duty in Iraq, has been made a political scapegoat to appease anti-war Congressman John Murtha and the liberal press.”

Thompson continued, “The outcome of this case could have a negative impact on our national security.  If the Government succeeds with this prosecution, every combat commander will know that difficult battlefield decisions can end up with a politically motivated criminal prosecution based on insurgent-driven propaganda.”

Pursuant to the Navy and Marine Corps Court of Criminal Appeals calendar, we have until October 17th to prepare for arguments in LtCol Chessani’s hearing, when TMLC attorneys will be presenting oral arguments before the judges.  Our attorneys have been working countless hours, but to be fully prepared to make the strongest possible argument we need your help.

We will stage multiple “Moot” Courts” in preparation… we are spending thousands of hours in research and writing… we are devoting enormous resources and energies to rightfully defend this loyal Marine… and your generous financial support is needed right now in order to make it all happen. Please click here to contribute now to LtCol Chessani’s defense fund.

Background of LtCol Chessani’s Case

On November 19, 2005, at approximately 7:15 a.m., a Marine convoy was rolling through Haditha, Iraq — a terrorist stronghold.  Suddenly, a roadside bomb went off destroying a Marine Humvee, killing one Marine, and seriously injuring two others.

The Marines immediately received fire from the ambushing insurgents, who were shooting from nearby civilian-occupied homes.  A four-man fire team responded as trained; they cleared several houses occupied by the armed insurgents.  In the ensuing room-by-room, house-by-house gun battle, 8 enemy insurgents were killed.

Tragically 15 civilians also died – in urban combat, where insurgents purposefully use civilians as human shields, civilian casualties are tragic, but not uncommon.  In fact, sometimes the insurgents themselves kill civilians to achieve a propaganda victory by blaming the Americans.

LtCol Chessani was the Battalion Commander of these Marines – the 3rd Battalion (“The Thundering Third”), 1st Marines – one of the most decorated units in the history of the Marine Corps.  As the Battalion Commander, LtCol Chessani was responsible that morning for approximately 2,000 American and friendly Iraqi troops in an area of operations just about the size of South Carolina.

He immediately reported the deaths of the 15 civilian Iraqis to his superiors.  Not one of LtCol Chessani’s superiors hearing of the 15 civilian deaths ─ including top generals ─ considered it unusual.  Not one ordered a further investigation.

However, several months later, an inflammatory Time news article – later proven to be false – accused the Marines of massacring innocent civilians.  The article was planted by insurgent propaganda operatives who knew too well that the liberal anti-war media hungered for such stories.  They were right.

Even before the investigation was completed, Pennsylvania Congressman John Murtha, the leading congressional anti-war critic and head of the House military appropriations subcommittee, appeared on several major television networks and publicly accused the young enlisted Marines of “cold blooded” murder and Marine officers of a “cover-up.”

The investigation of the “Haditha Marines” by over 65 Naval Criminal Investigative Service (NCIS) agents is the largest investigation in that agency’s history according to the director of that agency.

LtCol Paul Ware, USMC, an Investigating Officer who heard testimony in several cases involving the charged enlisted Marines expressed concern that the allegations were nothing but a tactic “to erode public support of the Marine Corps and mission in Iraq.”  He went on to say:

“Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy…”

Retired General Thomas McInerney, former Joint Force Commander and Vice Chief of Staff of the Air Force, called the prosecutions of the Haditha Marines “despicable.”  He warned:

“We cannot fight a war like that… We’re not taking care of our people.”

Ironically, LtCol Chessani’s official Combat Fitness Report, a required annual evaluation of officers’ performance, which covered the period of the Haditha incident, called him “Truly one of the finer thinkers in this COIN [counterinsurgency] environment,” and recommended him for higher command.

The Reviewing Officer, MajGen Richard A. Huck, USMC, added his comments: “Top notch officer with outstanding potential.  Promote and select for TLS [Top Level School].  Post TLS slate for Regimental command and subsequent joint tour.  Unlimited potential and value to the Marine Corps.  Capable of the most challenging assignments.”

A decision by the NMCCA is appealable to the Court of Appeals for the Armed Forces (CAAF) and then to the U.S. Supreme Court.

If convicted, LtCol Chessani faces 2 1/2 years imprisonment, dismissal from the Corps, and loss of all of his retirement pay.

The Thomas More Law Center 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.

  ANN ARBOR, MI – The Thomas More Law Center and the American Legion, Department of California, will be honoring Vietnam War hero, retired Admiral and former U.S. Senator, Jeremiah Denton, with a plaque dedication ceremony atop Mt. Soledad Veterans Memorial in La Jolla, CA, this Friday, September 19, 2008, at 1 pm PST.

Admiral Jeremiah Denton was a Vietnam POW for nearly eight years.  Suffering severe mistreatment, he became the first U.S. military captive to be subjected to four years of solitary confinement.  He first came to the public’s attention in 1966.  After being tortured and threatened with more torture and even death if he did not “correctly” answer the questions posed, he was televised in front of Communist dignitaries with the purpose of having him admit to American atrocities.  Instead, Admiral Denton replied, “Whatever the position of my government is, I believe it, I support it, and I will support it as long as I live.”   Years later, Admiral Denton authored, When Hell Was In Session, a reflection on his time as a POW.

September 19th is the National POW/MIA Recognition Day.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “This is a great honor for both the Law Center and the American Legion.  Admiral Denton represents everything good about America — a heroic patriot, a devoted husband, father, and a faithful Christian.   The Law Center is proud to have him as the Chairman of our Citizens Advisory Board.  Honoring him at Mt. Soledad is very appropriate, since he played an instrumental role in the Law Center’s efforts to save the Cross, where it is, as it is.”

Ralph Huskey, American Legion District 22 Commander, will be the master of ceremonies.  Rear Admiral Len Hering, USN, Commander, Navy Region Southwest, will be a speaker and presenter of the dedication plaque to Admiral Denton’s son, Michael Denton.  Rees Lloyd, past Commander of California Legion District 21 will introduce Brian Rooney and Charles LiMandri from the Thomas More Law Center.  Click here to view a picture of the plaque that Michael Denton will receive in his father’s honor.

Admiral Denton’s character and courage was epitomized in a North Vietnamese televised interview, Admiral Denton feigning sensitivity to harsh camera lighting, looked into the camera lens and blinked his eyes in Morse Code spelling out the message ‘T-O-R-T-U-R-E.’ Thus, he provided Naval Intelligence the first confirmation that American POWs in Vietnam were being tortured.  Further, as spokesperson for the first group of returning POWs in 1973, as he stepped from the plane he was asked to make a statement on behalf of the group.  He turned to the microphones and said, “We are honored to have the opportunity to serve our country under difficult circumstances.  We are profoundly grateful to our Commander-in-Chief and our nation for this day.  God bless America.”

Richard Thompson further commented, “One of my favorite memories of Admiral Denton is when he was honored by President Ronald Reagan.”  In his 1982 State of the Union Address, President Reagan stated, “We don’t have to turn to our history books for heroes, they’re all around us.”  The President then looked into the audience and singled out Jeremiah Denton, “One who sits among you here tonight epitomized that heroism at the end of the longest imprisonment ever inflicted on men of our armed forces.”

Admiral Denton has been a member of the Thomas More Law Center Citizens Advisory Board since 2005.   He is responsible for developing the Law Center’s national strategy.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, 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.

ANN ARBOR, MI – For the past twenty-five years, Brad Johnson, a high school math teacher at the Poway Unified School District in San Diego, CA, has been displaying large red, white and blue banners in his classroom that mention God.  The banners contain patriotic phrases such as: “In God We Trust,” “One Nation Under God,” and “God Bless America.”

However, last year school officials ordered the banners removed because they promoted a “Judeo-Christian” viewpoint.  The School District allowed classroom displays by other teachers that included posters of Buddhist and Islamic messages and Tibetan prayer flags, among other displays.  As a result, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed a federal lawsuit against the school district on behalf of Johnson.

Last Friday, Federal District Judge Robert T. Benitez ruled that Johnson had a Free Speech right to display the banners.  Read the Judge’s ruling here.

Judge Benitez stated, “Whether described as speech from a religious perspective or speech about American history and culture, through display of his classroom banners, Johnson was simply exercising his free speech rights on subjects that were otherwise permitted in the limited public forum created by Defendants and in a manner that did not cause substantial disorder in the classroom.  Thus, Johnson has made out a clear claim for relief for an ongoing violation of his First Amendment free speech rights.”

Richard Thompson, President and Chief Counsel for the Law Center, commented, “Many public schools exhibit a knee-jerk hostility towards Christianity and seek to cleanse our Nation’s classrooms of our religious heritage while promoting atheism or other religions under the guise of cultural diversity.”

Robert Muise, the Thomas More Law Center lawyer handling the case, added, “Judge Benitez’s strongly worded opinion sends a clear message to school districts across the country that hostility toward our Nation’s religious heritage is contrary to our constitution.”

In its lawsuit, the Law Center alleged that the school district’s action amounted to government hostility toward a specific religion and violated Johnson’s Free Speech rights by imposing a viewpoint-based restriction on his speech that was not reasonably related to any legitimate pedagogical concern in violation of the United States and California Constitutions.  The school district responded to the lawsuit by filing a motion to dismiss the case for failure to state a claim.  Judge Benitez’s ruling rejected the school district’s view of the law and now allows the case to proceed.  The lawsuit ultimately seeks to have the speech restriction overturned so that Johnson can continue to display his banners, as he had been for 25 years.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, 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.

ANN ARBOR, MI – Despite a huge outcry from businesses, religious leaders and citizens, earlier this year the Gainesville, Florida, City Council — in a midnight session — made it legal for men who perceive themselves as women to use women’s bathrooms in any business or public facility.  However, a successful petition drive by “Citizens For Good Public Policy” will place a Charter Amendment on the March 2009 ballot, which would eliminate this bizarre right given to men.

Last week, “Citizens For Good Public Policy,” a coalition of business, religious and community leaders, held a press conference on the steps of Gainesville City Hall to announce 6,343 signatures were validated by the Supervisor of Elections, more than enough required to place the “midnight” ordinance on the March 2009 ballot.  More registered Gainesville voters signed valid petitions in support of good public policy than voted for the Mayor of Gainesville or any other sitting City Commissioner in the most recent election.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has acted as legal counsel for the coalition and helped draft the Charter Amendment that would prevent the addition of special categories to the City’s “Civil Rights” ordinance not currently included in the State of Florida’s Civil Rights Act.

The proposed Charter Amendment will prevent the addition of a multitude of bizarre special rights categories that are being pushed by radical groups with a national agenda. The Amendment will have the effect of invalidating the recently enacted “gender identity” category, which creates awkward and potentially harmful situations for young girls and women.

Over 50 people were gathered to hear various community leaders involved in the gathering of the petitions to place the ordinance before the voters of Gainesville.  A Florida attorney from the Thomas More Law Center addressed the conference and answered questions regarding the process and the road forward with the ballot initiative.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center stated, “This Charter Amendment would bring Gainesville’s anti-discrimination laws in line with the state of Florida’s.    In practical effect, these types of ordinances end up being used to prosecute Christians who faithfully practice their faith.”

If passed, the Charter Amendment would provide uniformity with established state and federal discrimination laws and eliminate the undue burden that special categories place on the activities and financial resources of citizens, businesses and taxpayers in Gainesville, Florida.

Cain Davis, Executive Director of “Citizens For Good Public Policy” stated, “The citizens of Gainesville are encouraged about having the opportunity to vote on this issue, which will ensure their laws accurately reflect their beliefs and values.”

The Thomas More Law Center has acted in concert with a coalition of Christian groups in Florida.  The Law Center is working with David Caton of the “Florida Family Association” and Dennis Baxley of the “Christian Coalition of Florida.”

The Thomas More Law Center will continue to act as legal council for “Citizens For Good Public Policy” throughout the initiative process, the election, and after to help ensure the will of the people is not subverted by legal maneuvering of the current biased city council, or other radical groups bent on undermining the good people of Gainesville, Florida.

The Thomas More Law Center 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.

ANN ARBOR, MI – The Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, yesterday filed its answer brief in response to the prosecution’s appeal of the Military Judge’s ruling, dismissing the case against LtCol Jeffrey Chessani, USMC based on unlawful command influence.

In its brief, the Law Center responded to the prosecution’s arguments, noting, “Unlawful command influence is ‘the mortal enemy of military justice.’  It is the acid that erodes an accused’s right to receive a fair trial and the public’s confidence in the fairness of the system.  The nature of the military makes its system of justice extremely vulnerable to improper influences and pressures; influences and pressures that are systemic in a military command environment.”  The Law Center urged the appellate court to affirm the Military Judge’s ruling.  [Read the Law Center’s Answer Brief Here]

Richard Thompson, President and Chief Counsel for the Law Center, commented, “This is an important case not only for LtCol Chessani, but for military commanders whose battlefield decisions should not be second-guessed by lawyers and for the military justice system as a whole.  Indeed, the Haditha cases have caused a noticeable erosion of public confidence in our military system of justice.  Affirming the Military Judge’s ruling will go a long way to restoring the public perception of fairness in the military courts.”
The appeal will be heard by a three-judge panel of the Navy and Marine Corps Court of Criminal Appeals (NMCCA), consisting of active duty Navy and Marine officers, sitting in Washington, D.C..

Given the importance of the legal issue involved and the intense public interest in the outcome of this case, the Law Center has also requested oral argument.  If granted, the panel will likely hear arguments in early part of October 2008.  It is anticipated that it will take approximately 4 to 6 months for NMCCA to render a decision.
If either side loses the appeal, they can request that the case be heard by the Court of Appeals for the Armed Forces (CAAF), the highest court in the military justice system, consisting of five civilian judges.

Even if prosecutors lose in all the appellate courts, they can re-file the charges against LtCol Chessani.
LtCol Chessani has been under investigation and prosecution since March 2006 for his role as the battalion commander of 3rd Battalion, 1st Marines during the November 19, 2005 battle of Haditha.  On June 17, 2008, the Military Judge dismissed all charges against LtCol Chessani, resulting in this current appeal by the prosecutors.
If you would like to contribute to the LtCol Chessani Defense Fund, please click here.

The Thomas More Law Center fights in our courts to preserve America’s Christian heritage and moral values.  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.