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ANN ARBOR, MI – “Military Judge Colonel Stephen Folsom’s, USMC, ruling yesterday refusing our request to take the deposition of Congressman John Murtha, D-PA, is the latest indication that it will be impossible for Marine Lt. Colonel Chessani to get a fair trial regarding November 19, 2005, Haditha incident,” said Richard Thompson, Chief Counsel of the Thomas More Law Center, the Ann Arbor, Michigan based public interest law firm defending Lt. Col. Chessani.

“This entire prosecution is politically motivated and stinks to high heaven.  Denying us the right to take Murtha’s deposition so that we could show undue command influence, as well as denial of our request for production of documents in the possession of Lt. Col. Chessani’s superiors makes it impossible for us to render this loyal Marine officer the effective assistance of counsel he deserves — they are attempting to throw him under the bus.  In many ways this is a trial like the one in Alice in Wonderland—the verdict first and then the trial.”

Continued Thompson, “In the next couple of weeks we will reveal startling facts tracing the impetus for this prosecution to the highest levels of military and civilian command.”

Lt. Col. Jeffrey Chessani is charged with “dereliction of duty” and “orders” violations stemming from the terrorist attack in the once insurgent-laden town of Haditha, Iraq on November 19, 2005.  At the time, Chessani was battalion commander of the Third Battalion, First Marine Regiment – one of the most decorated battalions in our nation’s history.  This battle cost the Marines fourteen casualties – including one Marine killed-in-action.  The insurgents, hiding amongst women and children in civilian homes, caused the death of fifteen civilians as the Marines fought back.

Months before the investigation was completed, Congressman Murtha made the rounds on TV news programs claiming there was no firefight in Haditha on November 19, 2005, and that the Marines killed innocent Iraqi civilians in “cold blood” and officers “covered it up.” Murtha publicly stated he received his information from the highest levels of the Marine Command – this statement in itself is enough to cause a dismissal of the charges because of undue command influence.

Congressman Murtha holds significant influence over military appropriations and in the past has boasted he can get the Pentagon to do what he wants.

Murtha is the same person caught on tape negotiating bribes with Arab Sheiks during the FBI’s 1980 Abscam investigation – he was an un-indicted coconspirator in that case.  Clearly, the Haditha incident provided ammunition for his well known anti-war stance.

Murtha also has ties to Navy Secretary Donald Winters.  Winters had over 65 NCIS investigators assigned to investigate Lt. Col. Chessani and the Marines charged in the case.  The NCIS Director claimed that to be the highest number of investigators assigned to an investigation in the history of the NCIS.

Hearings on the motions ruled on by Colonel Folsom were held February 20, 2008, and Thursday, February 21, 2008.  Law Center attorney Rob Muise and detailed military defense counsel Lt. Colonel John Shelbourne, USMC, presented oral arguments on the five motions at Camp Pendleton, California.

Lt. Col. 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.

The actual court-martial trial is scheduled to begin April 28, 2008.

Thompson concluded, “We remain undaunted despite these latest rulings.  We will continue to vigorously defend Lt. Col. Chessani against this politically-driven prosecution.  At least one more motion hearing is scheduled in April, and we intend to file several more motions that will be argued during that time.”

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.

TMLC before the Georgia Legislature’s Judiciary Subcommittee
February 20, 2008
Brian Rooney, attorney and spokesman for TMLC, spoke at the GA legislature’s second day of hearings on the proposed Georgia Human Life Amendment.  The first day of hearings is also available here.

ANN ARBOR, MI – The Thomas More Law Center, a national legal advocacy group based in Ann Arbor, Michigan, today revealed that it has filed five motions on behalf of Marine Lieutenant Colonel Jeffrey Chesssani.

The criminal charges stem from a house-to-house, room-by- room, battle that four of his Marines engaged in on November 19, 2005 after being ambushed by insurgents in the town of Haditha, Iraq.  At the time, Chessani was battalion commander of the third battalion first Marine regiment, one of the most decorated battalions in our nation’s history.

Hearings on the motions will begin on Wednesday morning, February 20, 2008, and should last until Thursday, February 21, 2008.  Law Center attorney Rob Muise and detailed military defense counsel, Lt. Colonel John Shelbourne, USMC, will present oral arguments on the five motions at Camp Pendleton, California, to Military Judge Colonel Stephen Folsom, USMC.

The Law Center will call several witnesses in support of its motions.  Dramatic testimony is expected from a key witness, Marine intelligence officer, Major Jeffrey Dinsmore.

The five motions include: a motion to compel the deposition of Congressman John Murtha; a motion to dismiss all of the charges due to their Constitutional vagueness; a motion to dismiss some of the charges because the same allegations have been charged in multiple ways; a motion to compel discovery that the government has kept from the defense because the government deemed it not relevant; and a motion for a new Article 32 Hearing because the last hearing was defective.

Richard Thompson, President and Chief Counsel of the Law Center commented, “All of these motions filed by the Law Center are important in shaping the battlefield in the courtroom.  Potentially, the case could be thrown out if we prevail on one or some of these motions.”

The Law Center has three of its lawyers – all former Marine officers – working on the case: Rob Muise, Brian Rooney and Brandon Bolling.

Thompson also revealed, “We are scheduled for at least one more motion hearing date, but most likely there will be two more—one in March and another in April.  Of those two dates, we expect to file an ‘unlawful command influence’ motion, and a ‘selective prosecution’ motion, as well as several others.”

LtCol Jeffrey Chessani, USMC, is charged with “dereliction of duty” and “orders violations” stemming from a running battle in the once insurgent-laden town of Haditha, Iraq on November 19, 2005.   This battle cost the life of one Marine and thirteen other Marines were seriously wounded throughout the day.  The insurgents, hiding amongst women and children in civilian homes from where they ambushed the Marines, caused the death of fifteen civilians as the Marines fought back.

As a result of a Time magazine story months later, planted by an insurgent propaganda agent, 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.

The actual court-martial trial is scheduled to begin April 28, 2008.

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.