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Iraqi Insurgents Handed a Victory
ANN ARBOR, MI  ─ The Thomas More Law Center announced today that the trial of Marine Lieutenant Colonel Jeffrey Chessani, one of America’s most effective combat commanders in Iraq, is preliminarily scheduled to begin on April 28, 2008.  LtCol Chessani is charged with failing to accurately report and investigate an incident that occurred in Haditha, Iraq on November 19, 2005, dubbed “the Haditha massacre.”

If convicted – this 20 year veteran and father of 5 young children (and a sixth expected shortly) who served 3 tours of duty in Iraq (in addition to Panama and the Persian Gulf War) – will be dismissed from the Marine Corps, lose all of his retirement benefits, and face 2 ½ years in prison.

Lawyers with the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, are representing LtCol Chessani alongside his detailed military attorneys.
Richard Thompson, President and Chief Counsel of the Law Center, commented, “The Marines defended themselves from hostile fire as they were trained and authorized.  That Lt. Colonel Chessani must now face a trial for their actions is both tragic and absurd.  He is being tried for not investigating a crime that we now know never occurred.”
Continued Thompson, “Our own government has handed the insurgents a victory by removing one of our most effective combat leaders from the battle.  This investigation has imperiled the lives of our troops who, in making split-second decisions whether to defend themselves, now have to consider that lawyers with the benefit of 20/20 hindsight will examine their actions under a legal microscope.”

The charges against Chessani were incited by an inflammatory Time magazine headline accusing Marine enlisted men of “massacring innocent civilians.” The story was planted by known terrorist propaganda operatives, and has since been discredited. Anti-war Congressman John Murtha, with influence over military appropriations, in an unprecedented action, publicly accused Marine officers of a “cover-up” and enlisted men of killing civilians in “cold blood.”
Two separate investigations by U.S. Army officers, one by a Colonel and another by a General, found no evidence of “a massacre” or that officers “covered-up” the incident. A subsequent Article 32 Investigation by a Marine Investigating Officer, LtCol Ware, also found no evidence of a “massacre” or “cover-up.”
The charges against LtCol Chessani stem from the actions of four Marines who came under fire from a coordinated al Qaeda-led ambush in Haditha, Iraq, on November 19, 2005.  Shortly after 7 a.m., an improvised explosive device detonated under one of the 4 Humvees accompanying a supply convoy, immediately killing one Marine and injuring two others.  At the same time, the Marines came under fire from nearby homes.  A four-man Marine fire team was ordered to clear the houses occupied by the insurgents. In the ensuing house-to-house firefight, the Marines tragically killed 15 civilians.

As Battalion commander of the Third Battalion, First Marines – one of the most decorated Units in the Marine Corps – LtCol Chessani had over 2,000 men in his command with an area of responsibility just under the size of South Carolina. LtCol Chessani was not at the scene of the firefight that prompted the charges against him.  LtCol Chessani later traveled to the various battle scenes to investigate.

The incident was immediately reported to every echelon of LtCol Chessani’s chain of command.  In the following three months not one of his superiors suspected a law of war violation or asked that an investigation be conducted.  In fact, both his immediate superior – Col Davis – and his superior – MajGen Huck – commended LtCol Chessani on a job well done.  However, as soon as the Time magazine article appeared, the government focused on LtCol Chesani as its sacrificial lamb to the “blame-America-first media.”
Two of the Law Center attorneys assigned to his case are former Marine officers themselves.  Robert Muise served in the First Persian Gulf war as an infantry officer, and Brian Rooney was a Judge Advocate officer who just returned from a tour of duty in Iraq last year. Brandon Bolling, a third Law Center attorney assisting in the case, is also a former Marine Judge Advocate officer, having recently returned from a tour of duty in Africa and Afghanistan.

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, Lt. Colonel Chessani has “unlimited potential and value to the Marine Corps,” and also recommended him for promotion.

The following quotes are excerpts from Lt. Colonel Chessani’s Combat Fitness Report (a required annual evaluation of a Marine officer’s performance) prepared by his superiors for the reporting period of September 2005 to February 2006 (This time period includes the date of the incident for which Lt. Colonel Chessani is facing criminal charges):
“Leads Marines from front in every operation.  Demonstrates moral courage everyday.  Doesn’t hesitate to report bad news fast or contest unrealistic plans/poor concepts.  Despite the complexity and size of his AO [area of operations], he always maintains a calm, cool demeanor.”

“Always seeks advantage over complex, diverse insurgent enemy.  Truly one of the finer thinkers in this COIN [counterinsurgency] environment.”
“One of the top 3 infantry/Cav Bn cmdrs of 13 who have served with RCT –2 [the regiment] during OIF.  A superb leader, who knows his men, knows the enemy, knows his business.  Doesn’t attract a lot of fanfare; just gets the job done to an exceedingly high standard.”
“Long ball hitter; recommend selection for promotion to Colonel and TLS [Top Level School].”
The Reviewing Officer, Major General Huck 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.”
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.