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Wording approved by Legislative Council

Today, proponents from Colorado for Equal Rights appeared before the Legislative Council and answered several questions about the intent and the legal ramifications of their pro-life constitutional amendment. In attendance were Mr. Meuser and Miss Burton from Colorado for Equal Rights as well as four members of the Legislative Council. Also observing the meeting were eight anti-life advocates taking vigorous notes on the discussion of the amendment.

A recurring theme in our answers to the Council was that the intent of this amendment is to protect all human beings. The Legislative Council asked why the term fertilization was used rather than conception. Mr. Meuser responded that fertilization is a well-defined term used to refer to the moment the sperm and the egg unite, whereas conception is a term currently used when implantation takes place. He states, “Our purpose is to protect all life and thus, we want to start at the moment life actually begins.”

The Legislative Council also asked what the effect of the amendment would be on the “undue burden” test as established in Roe v. Wade. Mr. Meuser responded that, in Roe, the Court created the “undue burden” test because they could not find that “person” was defined for state or national Constitutional purposes. Because our amendment defines life as beginning at fertilization, it makes the “undue burden” test a moot issue.

Also, immediately after the Legislative Council hearing, Colorado for Equal Rights filed the amendment with the Secretary of State’s office. A meeting was scheduled for July 18th. At that meeting, Colorado for Equal Rights will work with the Titling Board to select the amendment’s proper title for the November ’08 ballot.

ANN ARBOR, MI — Thomas More Law Center Director of Communications, Brian Rooney, addressed a press conference attended by over 100 supporters on the steps of the New York City Hall on Sunday, June 24, 2007, as City Councilman Tony Avella introduced a City Council resolution that calls upon the New York City Department of Education (DOE) to amend its discriminatory holiday display policy for public elementary and secondary schools.

DOE’s current policy allows displays of the Jewish Menorah and Islamic Star and Crescent during their respective holidays, but bans displays of nativity scenes during Christmas. Council Member Avella stated, “The menorah and star and crescent are religious symbols. By adding a crèche to the holiday display, Christians will receive equal representation during the holiday season.”

Brian Rooney, representing the Thomas More Law Center at the conference, commented, “At best the City policy as applied today is ignorant—at worst—hateful and discriminatory. The state of New York and the Federal government both recognize Christmas as a legal holiday. The holiday is to mark the birth of a historic, religious—and to Christians—divine figure, Jesus Christ. This is best done through a crèche.”

Rooney was flanked by the Law Center’s long standing courageous client Andrea Skoros (with her two sons), Bill Donohue of the Catholic League and Council Member Avella. Rooney continued, “A bureaucrat in the city Department of Education should not be the final arbiter as to what symbol is best suited for display—especially when a clear hostility towards one particular religion is manifest.”

The original constitutional challenge was brought by the Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, on behalf of Andrea Skoros and her two minor children, devout Roman Catholics, who attend the New York City’s schools. The lawsuit was filed only after William Donohue, president of the Catholic League, made several unsuccessful attempts to convince school officials to allow Nativity displays alongside the other religious symbols.

The resolution was introduced now in order for the DOE policy to be changed for this upcoming Christmas season. The Thomas More Law Center urges all of its supporters to contact Council Member Tony Avella’s office to offer support and find out further information on how to get this resolution adopted. Rooney observed, “The critical thing is to get this resolution placed before the council. If it gets before the council it will pass. We need as much pressure as possible brought to bear upon the leadership of the council so that they will bring the resolution up for a vote.”

The Thomas More Law Center will continue working closely with Council Member Avella, Bill Donohue and others to finally get this discriminatory policy changed. Council Member Avella’s numbers are 718-747-2137 or 917-723-3289.

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 — Thomas More Law Center attorney Brian Rooney will address a press conference on the steps of the New York City Hall this Sunday, June 24, 2007 as City Councilman Tony Avella announces a resolution to change New York City’s public schools anti-Christian policy, which bans Nativity scenes during Christmas, but specifically allows and encourages Jewish and Islamic displays during their respective religious holidays.

Avella’s resolution was prompted by the February 2007 refusal of the U. S. Supreme Court to overturn lower court decisions which held New York’s discriminatory anti-Christian policy was constitutional. His resolution will allow Nativity scenes to be displayed in an inclusive manner similar to how the Jewish and Islamic symbols are displayed in the City’s public schools.

Richard Thompson, President and Chief Counsel of the Law Center, stated, “This case illustrates the court supported double-standard used by public schools across the country to outlaw Christian expressions while permitting and even encouraging expressions of every other religion. I applaud Councilman Avella’s endeavor to correct this obvious injustice to the Christian parents and their children that he represents. Authentic tolerance and pluralism includes respect for Christians.”

The original constitutional challenge was brought by the Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, on behalf of Andrea Skoros and her two minor children, devout Roman Catholics, who attend the New York City’s schools. The lawsuit was filed only after William Donohue, president of the Catholic League, made several unsuccessful attempts to convince school officials to allow Nativity displays alongside the other religious symbols.

The Supreme Court considered the Law Center’s request for review at seven different conferences, signaling a strong interest in the matter. At the end of the day, however, by deciding not to review the case the Court allowed to stand an anti-Christian policy that adversely affects over one million students enrolled in the Nation’s largest public school system, which has 1,200 public elementary and secondary schools. Robert Muise, the Law Center attorney who litigated the case, stated, “Our Nation has a strong Christian heritage that is reflected in our traditions. One such tradition is displaying a crèche during the Christmas season. New York City’s current Nativity ban exhibits a hostility toward religion that is contrary to our history and our Constitution.”

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  –  Perhaps the most dramatic point in the Article 32 Hearing of Lieutenant Colonel Chessani overlooked by the media was the testimony of LtCol David Furness who declared that if the Marine Corps is going to second-guess its combat leaders by sending them to criminal trials, then this is not an organization he wants to be a part of.

Furness, who had four combat tours in Iraq, two as a battalion commander and two as a senior staff officer, testified that under the circumstances as they existed in Iraq in 2005, the decisions that LtCol Chessani made were appropriate. LtCol Furness provided a refreshing dose of reality to the proceedings, putting LtCol Chessani’s actions and decisions in the appropriate context of combat. He warned the Investigating Officer that this case could have a long-lasting detrimental effect on future battalion commanders.

In addition to LtCol Furness, LtCol Jeff Kenney, one of the most respected combat veterans in the Marine Corps gave powerful testimony in favor of Chessani as did Major General Johnson in command of the Multi-National Forces West.

Kenney, a combat veteran with 32 years of service in the Marine Corps¡ªtwelve as an enlisted Marine and twenty as an officer¡ªtestified about his experience in Iraq. In 2005-2006, he was assigned as an advisor to the Iraqi forces that were supporting U.S. troops in the region, including those that supported LtCol Chessani¡’s battalion. As part of his duties, LtCol Kenney often toured Haditha, providing him an opportunity to observe LtCol Chessani first hand.

Based on his observations, he testified that LtCol Chessani was a focused commander who led his Marines from the front, often placing himself in personal peril by doing so. He testified that LtCol Chessani and his Marines were respected by the local civilians and that they were having tremendous operational success in a very difficult area of operations. LtCol Kenney also provided unique insight with regard to insurgent tactics, specifically including the insurgents’ use of IED’s (roadside bombs) to initiate complex attacks from residential areas.

LtCol Kenney spoke from personal experience: his tour in Iraq ended abruptly when his vehicle was hit by an IED containing three 155mm artillery shells and other explosives. LtCol Kenney received near fatal wounds and was awarded the Purple Heart. It was a miracle that he survived the tremendous blast; his companions were not so fortunate.

The sworn testimony of Major General Johnson was introduced to show that he was most concerned about the coordinated attack the enemy was able to perpetrate. Said Johnson, “I guess maybe if I was sitting here at Quantico and heard that 15 civilians were killed, I would have been surprised and shocked and gone, done more to look into it. But at that point in time, I felt that that was, had been, for whatever reason, part of that engagement and felt that it was just a cost of doing business on that particular engagement.”

Major General Johnson went on to say, “I think that the way this is laid out is that the impression that we were dealing with is that these folks were hit as a result of this coordinated attack that occurred there in Haditha, in that particular incident. That it was reported and that while it is regrettable, I think it was probably considered that at that time an element of the circumstances; and that our thought process would have been that, hey, if the enemy hadn’t done it, those people wouldn’t have got killed.”

Several other witnesses testified that LtCol Chessani was not derelict in his duties and appropriately reported the events of November 19, 2005 regarding the Battle of Haditha to his chain of command. There were also a great many witnesses that testified as to LtCol Chessani’s good military character and honesty.

The most universal tribute to LtCol Chessani from these character witnesses was that he is a godly, Christian man, with great moral and physical courage.

Thomas More Law Center attorney Rob Muise delivered a powerful and impassioned closing argument on behalf of LtCol Chessani. Afterwards, Muise explained, “I wanted to focus the Investigating officer’s attention on the context of November 19, 2005. Decisions are not made in a vacuum. LtCol Chessani’s battalion had intelligence that told them they were going to be attacked by foreign fighters a couple days before they were actually attacked on November 19th. When they were attacked on November 19th, LtCol Chessani was not surprised. He had to marshal his forces to repulse a brutal enemy that uses women and children as cover and concealment in order to attack and kill Marines.”

Muise also focused on the fact that there were in fact many terrorists in the town that were observed by unmanned aircraft above. There were several engagements that day that were initiated by an IED that killed a Marine and wounded two others. Throughout the day, LtCol Chessani coordinated counterattacks and evacuation of wounded, friend and foe a like. Follow-on intelligence confirmed that the November 19, 2005 attack was the complex attack that LtCol Chessani expected.

Brian Rooney, a Thomas More Law Center attorney also involved in the Hearing, observed, “Rob demonstrated that every level of LtCol Chessani’s chain of command was kept informed of what happened that day and how it happened, including the tragic deaths of civilians that the terrorist used as human shields.” That same day, Regimental commanding officer Colonel Stephen Davis, Division commanding General Richard Huck, and even General Casey knew that women and children had been killed as a result of terrorist activities in Haditha.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center who observed several days of the Hearing commented, “Rob and Brian did an outstanding job defending LtCol Chessani. They spent over two weeks at the Camp Pendleton Hearing and were able to shed much needed light and clarity on this misguided prosecution.”

The Investigating Officer will have at least two weeks to write his report to Lieutenant General James Mattis recommending what action should be taken. General Mattis is not bound by this recommendation, but it would be highly unusual if he did not follow it. LtCol Chessani could face a general courts-martial as a result of this Article 32. A general court-martial carries with it the possibility of 3 years in jail and a dishonorable discharge.

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 — Yesterday was another good day for the Thomas More Law Center in their defense of LtCol Chessani. Captain Oliver B. Dreger, the assistant intelligence officer at the time of the battle of Haditha testified as to his knowledge of what occurred that day. His testimony was enlightening in two respects: One; that NCIS, the Navy investigative service, essentially mistreated him and accused him of wrongdoing. This is an officer with an impeccable record. The other, more important point that Captain Dreger made was that his understanding of the intelligence picture of Haditha matched with what actually occurred that day.

Major Caroll J. Connelley testified next. Major Connelley is the attorney for the 2nd Marine Regiment (LtCol Chessani’s higher command) at the time of the battle. He testified that he knew that 15 civilians were killed in the battle but that his higher headquarters – the 2nd Marine Division, told him he did not have to investigate. In fact, Major Connelley stated that he tracked all investigations in the Regiment in Iraq, and none of them involved civilians’ deaths when there were Marines fighting the enemy. The obvious reason for this was because Marines did not target the civilians — they target the terrorists firing from where the civilians were located.

Lieutenant Mark E. Towers testified next. Lt Towers was LtCol Chessani’s adjutant. He testified that LtCol Chessani was a godly man – who read his Bible every morning for a half hour to start the day. He testified that LtCol Chessani was out on the battlefield often – not afraid to lead from the front. Lt Towers also testified as to his training and that they expected Haditha to be like Fallujah. The unit they replaced had 25 Marines killed.

Overall, it was a great day for the Thomas More Law Center. Today we will hear from Captain Jeffery S. Dinsmore, the main intelligence officer. His testimony has recently been declassified so the American public will have a better understanding of the day’s events.

ANN ARBOR, MI – A key expert witness for the government last week ended up being a great witness for Marine Lieutenant Colonel Chessani and the Thomas More Law Center.

William Hays Parks, a lawyer with the Department of Defense who wrote the Directive on the “Law of War” was called by the prosecution to bolster their case against LtCol Chessani, the battalion commander of the Marines charged in the Haditha case. Instead, Mr. Parks testified that when he wrote the Directive, he did not envision that battalion commanders would investigate Law of War violations. They would merely report any suspected violations up the chain of command.

Mr. Parks stated that he wanted combat commanders in the field to focus on the fight, while those higher in the chain of command decided whether to investigate. Mr. Parks believed that it would be improper for the battalion commanding officer to investigate his own men in this situation.

Attorneys with the Thomas More Law Center, a national public interest law firm defending LtCol Chessani decided not to question Mr. Parks since his testimony essentially negated one of the charges LtCol Chessani faces—failure to investigate properly. The remaining charges have to do with reporting a possible or suspected “Law of War” charge. The Thomas More Law Center is confident they have the evidence that proves LtCol Chessani reported properly up the chain of command everything his battalion knew about the battle in Haditha on November 19, 2005.

Law Center attorney Brian Rooney stated, “We have documentary evidence that proves LtCol Chessani reported to the Regiment and Division all the facts about the battle in Haditha that day. Every officer in the entire 2nd Marine Division who had the need to know was aware that there were civilian casualties. All understood that terrorists chose the place of battle—to fight behind women and children. The enemy we face brutally calculates civilian deaths in their attacks in the hopes that Marines will unintentionally kill civilians so that they can use that as propaganda against the forces they face.”

The high-profile Haditha case arises out of a terrorist attack in Haditha, Iraq on November 19, 2005 in which one Marine was killed and several others wounded as terrorists engaged Marines from civilian-occupied homes. Several months later, the incident received negative political and media attention based on false propaganda claims by suspected insurgents, who alleged that Marines wrongfully killed civilians. As a result, the government charged Lt Col Chessani with dereliction of duty and “orders” violations for allegedly failing to investigate and report a law of war violation.

Other key witnesses that testified this past week included Major General Huck, the commanding general of the 2nd Marine Division and some staff officers in the battalion and regiment at the time of the attack. MGen Huck acknowledged that he knew that civilians were killed on the same day of the battle, but he understood this to be an “unfortunate” outcome due to the tactics of the enemy we face in Iraq.

It is clear from MGen Huck and the others that have testified that all officers in Chessani’s chain of command in the 2nd Marine Division had knowledge that civilians were tragically killed in Haditha, but as seasoned combat veterans they knew that this can regrettably occur in war when you face an enemy that specifically fights behind women and children.

Chessani’s attorneys believe that they will call at least ten more witnesses this week. One of those witnesses will be a PhD in linguistics and anthropology—concentrating on Arabic and Islamic culture and speech. This witness also happens to be a Benedictine monk.

Attorneys from the Thomas More Law Center are defending Lt Col Chessani at no cost. The defense team also includes Lieutenant Colonel Jon Shelburne, USMCR, and Captain Jeff King, USMC, who were detailed by the military.

Richard Thompson, President and Chief Counsel of the Thomas More law Center commented on the case, “It is insane that we are pulling effective combat commanders off the battlefield in response to enemy propaganda, and to appease the liberal media and anti-war politicians with a scapegoat. We at the Thomas More Law Center believe that we should be honoring these brave men instead of trying to criminalize their actions to placate anti-war politicians and their anti-war friends in the press who have already announced the verdict.”

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.