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This Morning: Intense International and National Press Interest in Chessani Courtroom Drama

June 2, 2008 by

ANN ARBOR, MI – This morning, a small courtroom (Daniel Corwin Memorial Courtroom, Bldg. 22163) on the Marine’s vast Camp Pendleton, California, complex will be the scene of intense national and international press interest as a crucial hearing begins in the court martial of LtCol Jeffrey Chessani.

Military prosecutors will call one of the Marine’s most respected combat generals, General James N. Mattis, to testify against LtCol Chessani as they attempt to rebut a previous ruling made by the Military Judge that there is evidence of Chessani’s prosecution being tainted by unlawful command influence.

Chessani, who devoted his life to the Marine Corps, including 3 tours of duty in Iraq, and is considered one of the Marine’s top combat battalion commanders, is a scapegoat to appease the press and politicians here in the United States and in Iraq, according to the Thomas More Law Center, the national public interest law firm defending LtCol Chessani.

Richard Thompson, the Law Center’s President and Chief Counsel, commented, “The evidence we have gathered clearly shows this case was a political witch-hunt from the beginning. If the military justice doesn’t take the appropriate action, this case will go down in our history books as one of the greatest miscarriages of justices to an American combat officer. It has already done incalculable damage to the ability of American combat troops in Iraq to defend themselves when they are ordered to engage insurgents in house- to- house battles.”

The Military Judge’s previous finding of unlawful command influence shifted the burden to the prosecutors to prove beyond a reasonable doubt that: (1) the facts upon which the unlawful command influence is based are untrue; or (2) those facts do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.

The judge’s decision was based upon the evidence that the Generals who controlled the disposition of LtCol Chessani’s case, including Gen Mattis, were impermissibly influenced by Marine lawyer Col John Ewers, one of the investigators of the Haditha incident from the beginning. He was permitted to attend at least 25 closed-session meetings in which LtCol Chessani’s case was discussed. Prosecutors may call Col Ewers as a witness for a second time to undo some of the damage his previous testimony caused to the prosecution’s case.

Thomas More Law Center lawyers, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, are defending LtCol Chessani, the highest ranking military officer charged in the November 19, 2005, Haditha incident. Law Center attorney Robert Muise will cross-examine Gen Mattis after he has testified on behalf of the prosecutors.

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.

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Top Marine General to Testify Against LtCol Chessani in Unlawful Command Influence Hearing on Monday

May 30, 2008 by

ANN ARBOR, MI – Military prosecutors are expected to call as their witness General James N. Mattis, a highly respected Marine officer and one of only a handful of four-star Marine generals, to testify in the court-martial hearing against LtCol Jeffrey Chessani on June 2, 2008, at Camp Pendleton, California.

Gen Mattis, recently given his fourth star, was the previous convening authority for the Haditha cases and the officer responsible for referring LtCol Chessani’s case to a general court-martial. Prosecutors are relying on him to rebut previous findings of the Military Judge that there is evidence of unlawful command influence.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, the national public interest law firm defending LtCol Chessani, commented, “This case is dripping with double standards and political intrigue as the Pentagon attempts to appease Washington’s political establishment and press. When our defense team previously sought to take General Mattis’ sworn deposition to support our motion, we were denied. Now prosecutors, with little trouble, get to call him as their witness.”

Continued Thompson, “We all have great respect for Gen Mattis. Yet, there is irony with his involvement in this case. Gen Mattis was investigated for ordering a ground and air assault of an Iraqi ‘wedding party’ in 2004 that resulted in the deaths of 40 men, women, and children. At a press conference shortly after the incident, he defended his actions by retorting, ‘I don’t have to apologize for the conduct of my Marines.’ What is puzzling is that even though Mattis rightfully was never charged with any criminal wrongdoing in that case, he did not give LtCol Chessani the same consideration.”

The judge’s decision was based upon the evidence that the Generals who controlled the disposition of LtCol Chessani’s case, including Gen Mattis, were impermissibly influenced by Marine lawyer Col John Ewers, one of the investigators of the Haditha incident from the beginning. He was permitted to attend an estimated 25 closed-session meetings in which LtCol Chessani’s case was discussed.

Thomas More Law Center attorney Robert Muise will get an opportunity to cross examine Gen Mattis after he has testified on behalf of the prosecutors.

Thompson concluded, “Considering General Mattis’ rank, tremendous popularity in the Corps, and the widespread political implications for the Marines, both Rob and the Military Judge are facing a difficult task in the courtroom ─ to get beyond Mattis’ reputation to the stark reality that there has been a pervasive taint of unlawful command influence throughout these proceedings.”

TMLC Retained by University of Toledo Administrator Fired for Biblical Views Against Homosexuality

May 22, 2008 by

ANN ARBOR, MI — Crystal Dixon, an African American and high ranking administrator of the University of Toledo, summarily fired because she wrote an editorial expressing her Christian views against homosexuality and objecting to the comparison of so-called “gay rights” with the civil rights struggles of African Americans, has retained the Thomas More Law Center to represent her. The Law Center will be assisted by local Toledo attorney, Tom Sobecki.

Dixon was fired by the University’s President because she responded to an opinion article written by the editor-in-chief of the Toledo Free Press entitled, “Gay Rights and Wrongs.” Dixon wrote a letter of response based on her personal perspective. She wrote, “As a Black woman … I take great umbrage at the notion that those choosing the homosexual lifestyle are ‘civil rights victims.’ Here’s why. I cannot wake up tomorrow and not be a Black woman. I am genetically and biologically a Black woman and very pleased to be so as my Creator intended.”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, a national Christian public interest law firm based in Ann Arbor, Michigan, commented, “Crystal Dixon is a courageous Christian woman whom we are privileged to represent. The University of Toledo brags about being friendly to ‘lesbian, gay, bisexual, transgender, queer, and questioning individuals.’ They apparently are also proud of their hostility toward Christians.”

Thompson observed, “Where is the so-called free expression of ideas that universities so adamantly defend in other contexts? Not only does Crystal Dixon have a constitutional right to express her opinion, but that opinion represents the view of a majority of Christian Americans. Christians believe that homosexual acts are acts of grave depravity, contrary to the natural law, and under no circumstances can they be approved. Christians also believe one must love the sinner, but hate the sin. Crystal Dixon believed and expressed this — essentially she was fired for being a Christian.”

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.

Major Setback for Prosecutors in Chessani Trial; Judge Finds Evidence of Unlawful Command Influence

May 21, 2008 by

ANN ARBOR, MI – Prosecutors yesterday hit a major speed bump in their rush to convict Marine LtCol Jeffrey Chessani when the Military Judge ruled that he found evidence of unlawful command influence. Courts consider unlawful command influence the “mortal enemy of military justice.”

Although the case is far from over, yesterday’s ruling now forces prosecutors to prove beyond a reasonable doubt that: (1) the facts upon which the unlawful command influence is based are untrue; (2) those facts do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.

The Unlawful Command Influence motion (click here for Motion) was brought before Military Judge, Colonel Steven Folsom, by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. Law Center attorneys Robert Muise and Brian Rooney, both former Marines, wrote and argued the Unlawful Command Influence motion on which yesterday’s decision is based.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “Considering the politically charged nature of this case – and particularly this motion – Colonel Folsom made a courageous decision.”

Thompson went on to say, “The taint of unlawful command influence started from the inception of the investigation, when high-ranking Pentagon officials decided to make LtCol Chessani a political scapegoat to appease a liberal anti-war press and politicians. This ill-conceived prosecution has resulted in the removal of one of America’s most effective combat commanders in Iraq by the Marine Corps’ own standards. Although nothing can undo the harm caused to our Nation and to LtCol Chessani and his family, this ruling gives us hope that the military justice system will rise above the politics that fomented this prosecution and allow LtCol Chessani, who devoted more than 20 years to the Marine Corps and to the defense of our Nation, to get on with his life.”

Colonel Folsom found that the defense met its burden of presenting “some evidence” of actual and apparent unlawful command influence. His decision was based upon the evidence that the Generals who controlled the disposition of the case were apparently or actually impermissibly influenced by Marine lawyer Colonel John Ewers, who was permitted to attend numerous, closed-session meetings in which LtCol Chessani’s case was discussed.

Colonel Ewers was one of the investigators of the Haditha incident from the beginning. He is a witness that the prosecutors plan to call in its case against LtCol Chessani. Consequently, he should not have been involved in any of the meetings in which the disposition of the Haditha cases was discussed with the Generals who convened the court martial. During the hearing, the defense called Col Ewers as a witness. Col Ewers admitted that he was present during at least 25 meetings in which LtCol Chessani’s case and the other Haditha cases were discussed with the Generals and other legal advisors.

The criminal charges against LtCol Chessani stem from a house-to-house, room-by-room battle four of his enlisted Marines engaged in on November 19, 2005, after being ambushed by insurgents in the town of Haditha, Iraq. Even though LtCol Chessani promptly reported the events of that day to his superiors, including the deaths of 15 noncombatant civilians caught in the battle, nobody in LtCol Chessani’s chain of command believed there was any wrongdoing on behalf of the Marines.

However, months later, a Time magazine story planted by an insurgent propaganda agent, caused Pentagon officials to order the largest investigation in the history of the Naval Criminal Investigative Services (NCIS). As a result, LtCol Chessani, one of America’s most effective combat commanders in Iraq, now faces dismissal (an officer’s equivalent of a dishonorable discharge), loss of retirement, and imprisonment of up to 3 years.

Thus far, after 30 months of investigation costing millions of dollars, the cases against three of the four enlisted men charged for their part in the Haditha incident have been dismissed.

The Law Center, along with two detailed Marine lawyers, LtCol Jon Shelburne and Captain Jeffrey King, is defending LtCol Chessani, the highest ranking military officer charged in the November 19, 2005, Haditha incident.

Judge Rules Unlawful Command Influence Exists In LtCol Chessani’s Case

May 21, 2008 by

Please read our latest Press Release HERE.

Now the prosecutors need to show that this unlawful command influence (the mortal enemy of the military justice system) will Not effect LtCol Chessani’s trial. The Military Judge also told us and the prosecutors to come prepared to discuss remedies. The only remedy for Col Ewers–a lawyer that ghost wrote the Bargewell report and has already come to a judgement on LtCol Chessani’s guilt, who also inappropriately advised General’s Mattis and Helland on the Haditha cases (A command he was not the lawyer for as well)–is to dismiss the case and start the whole thing over again from the beginning with a new convening authortity–probably the 3 star in Hawaii–Marine Corps Forces Pacific Command LtGen Goodman.

Please forward our press release to your friends and family HERE.

Please DONATE HERE as well if you can.

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TMLC Condemns California Supreme Court’s Mandate of Homosexual Marriages – Vows to Fight in November

May 15, 2008 by

ANN ARBOR, MI – The Thomas More Law Center harshly condemned today’s 4-3 ruling of the California Supreme Court, holding that the California Constitution requires recognition of same-sex marriages, in an unprecedented overturning of a citizen initiative statute protecting traditional marriage. The three dissenters on the panel argued that the issue should have been left to the political process.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “This outrageous ruling shows how our most cherished institutions are being destroyed by the tyrannical actions of an out-of-control judiciary. The California Supreme Court took judicial activism to a whole new level. When four judges can overturn the vote of the people protecting marriage, the Constitution’s guarantee of a Republican form of government becomes meaningless. This battle is not over.”

Charles LiMandri, the Thomas More Law Center’s West Coast Director, has been named the General Counsel to the “National Organization for Marriage.” This is the organization spearheading the California ballot initiative to amend the California state constitution to define marriage between one man and one woman only. This ballot initiative recently submitted well over the required number of signatures to be placed on the November ballot.

LiMandri stated, “Thanks to the tireless efforts of the ‘National Organization for Marriage,’ and the many groups that have supported it, like the Thomas More Law Center, the courts will not have the final say on marriage in California — the people will in November.”

The Thomas More Law Center is in discussion with Charles LiMandri to determine what options are available in the meantime. Richard Thompson commented, “There is the possibility that we may ask for a stay in the court’s ruling considering that between now and November it would be legal in California for same-sex couples to marry, and come November – if the amendment passes – it would be unconstitutional again.”

The Thomas More Law Center drafted Michigan’s constitutional amendment defining marriage as between one man and one woman, which was recently upheld by the Michigan Supreme Court.

You can read the Court’s opinion HERE.