Chessani Wins Again
This morning, I got an email update from the Thomas More Law Center on the military’s case against Lt. Col. Chessani. Here’s the text of that update:
ANN ARBOR, MI – Yesterday evening, the Navy-Marine Corps Court of Criminal Appeals (NMCCA), sitting in Washington DC, denied without comment the government’s motion for Reconsideration. Government prosecutors had asked that the unanimous ruling in favor of LtCol Jeffery Chessani, USMC, by a 3-judge NMCCA panel be reconsidered by all 9 judges. A majority of the 9 judges would have had to agree to take the case.
The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has been representing LtCol Chessani since January 2007. He is also represented by detailed military attorneys LtCol Jon Shelburne, USMC; Capt Jeffrey King, USMC; and Capt Kyle Kilian, USMC.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “This case has turned into a government vendetta against a patriotic Marine combat officer who loyally served his nation for over 20 years. We must also remember the sacrifices made by his wife and children while he left them to defend us during 3 tours of duty in Iraq, and during the First Persian Gulf War, and in the Panama Canal.”
Thompson continued, “The lengths to which our own government will go to persecute one of its most loyal officers are outrageous. Every war needs a scapegoat, and it seems the government is intent on making LtCol Chessani that very thing. The Thomas More Law Center won’t let them.”
The criminal charges against LtCol Chessani stemmed from a fierce house-to-house, room-by-room combat action taken by four of his Marines after being ambushed by insurgents in Haditha, Iraq on November 19, 2005. In that battle, 9 insurgents and 15 civilians were killed. LtCol Chessani was the battalion commander of the four Marines involved in the action. Every officer in Lt Col Chessani’s chain of command, including his reviewing General approved and commended him for his actions until the publication of a Time magazine article months later charging the Marines with committing a massacre. Claims of a massacre were later proved to be untrue.
On March 17, 2009, the 3-judge panel of NMCCA unanimously vindicated the ruling by Colonel Steven A. Folsom, USMC, dismissing all charges against LtCol Chessani on the grounds of Unlawful Command Influence. LtCol Chessani is the senior-most officer criminally charged as a result of the much-publicized and ill-described “Haditha massacre.”
In dismissing the charges against LtCol Chessani, Col Folsom described Unlawful Command Influence as the “the mortal enemy of military justice.” But despite the solid legal basis for the ruling, the government appealed the decision to NMCCA. NMCCA heard oral arguments on the government’s appeal on October 17, 2008. On March 17, 2009 the court ruled in LtCol Chessani’s favor. The government appealed April 16, 2009. The Law Center responded to the Reconsideration appeal on April 24, 2009. [Click here to see Law Center’s response.]
In seeking Reconsideration by the entire panel of NMCCA, government prosecutors argued that the 3-judge panel misunderstood the difference between an officer’s rank and his billet (job). Essentially, the government argues that a full colonel in the Marine Corps could not unlawfully influence a Lieutenant Colonel if they held similar billet (job) positions.
The government now has 60 days to appeal to the Court of Appeals for the Armed Forces (CAAF). If the government loses at CAAF, they can seek a review by the U.S. Supreme Court. After all the appeals are over, the government can attempt to bring a new case against LtCol Chessani with a new convening authority (a new General overseeing the case if that new general so desires).
Click here to read the NMCCA’s denial of the government’s motion for Reconsideration.
The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life. It supports a strong national defense and an independent and sovereign United States of America. The Law Center accomplishes its mission 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.
NMCCA’s Denial of Motion for Reconsideration
TMLC’s Response to the Government’s Motion for Reconsideration
This sentence should be highlighted:
Every officer in Lt Col Chessani’s chain of command, including his reviewing General approved and commended him for his actions until the publication of a Time magazine article months later charging the Marines with committing a massacre.
Let’s remember that Lt. Col. Chessani is being persecuted for not conducting a full investigation into the Haditha firefight. That isn’t credible considering the fact that “his reviewing general approved and commended his actions.”
As troubling as that is, what’s more troubling is that the military’s court martial system isn’t subject to judicial review or congressional oversight. Shouldn’t the Constitution’s protections extend to those who defend the Constitution and this great nation?
The government now has 60 days to appeal to the Court of Appeals for the Armed Forces (CAAF). If the government loses at CAAF, they can seek a review by the U.S. Supreme Court. After all the appeals are over, the government can attempt to bring a new case against LtCol Chessani with a new convening authority (a new General overseeing the case if that new general so desires).
In other words, the U.S. Supreme Court can rule against the military but the military can restart the process with a new general.
That’s isn’t judicial review with teeth. That’s artificial judicial review.
It’s time that the military ended its persecution of Lt. Col. Chessani and SSgt. Wuterich. It’s time the Pentagon admitted that they were driven by purely political reasons in pursuing criminal charges. Finally, it’s time for the House and Senate Armed Services Committees reformed the entire court martial system.
Technorati Tags: Military, Jeffrey Chessani, Thomas More Law Center, Haditha, Judicial Review, Court Martial, Reform, Constitution, Oversight, Pentagon
Cross-posted at LetFreedomRingBlog
April 29th, 2009 at 2:43 pm
Sounds like the pentagon doesn’t like “no” for an answer. Sore losers or was it really san fran nan, murthaf***er and company that keep pushing the issue?
April 30th, 2009 at 9:22 am
I have a nagging suspician AMH1 this came from within the Justice Dept with the willing accomplis of certain JAG staffers, who perhaps had their noses tweeked with Chessani’s first acquittal.
Need I add BZ to Thomas More Law Center and the Court of Military Apppeals for having the cajones to stand up to them.
BTW Mr. Gross, the reason the UCMJ and military courts have a degree of limited independence from Congress and the civil courts is precisely why the government should have been denied its appeal - politics.
The military is not a democracy, and the soldiers, sailors, airmen, and marines who serve give up a substantial amount of personal freedom, when they sign the dotted line.