Sword Still Hangs Over the Head of LtCol Chessani; Marine Commandant Refers Prosecution Decision to New General
Wednesday,
June 24,
2009
 ANN
ARBOR, MI – Nearly four years after the so-called “Haditha Massacre,
” an investigation conducted by over 65 NCIS agents (Naval Criminal
Investigative Service) ─ the largest investigation in that agency’s
history ─ with the expenditure of millions of taxpayer dollars, and
prosecution losses at every stage of the criminal process, the
government is still pursuing legal action against Marine LtCol Jeffrey
Chessani.
On June 15,
2009,
the Staff Judge Advocate to the Marine Commandant confirmed to the Thomas More Law Center,
that the Commandant,
General James Conway,
had referred the Chessani prosecution to LtGen George Flynn,
Commanding General of the Marine Corps Combat Development Command in Quantico,
VA,
for disposition.
The case was sent back to
the Commandant for disposition shortly after the government decided not
to appeal the unanimous ruling by the Navy-Marine Corps Court of
Criminal Appeals. That ruling affirmed the dismissal of charges
against LtCol Chessani on the grounds of unlawful command influence.
Because the military judge’s dismissal of the case was without prejudice,
LtGen Flynn will now be responsible for deciding whether to recharge LtCol Chessani,
take some administrative action,
or take no action.
Richard Thompson,
President and Chief Counsel of the Thomas More Law Center, commented,
“This case started out as a political prosecution to appease the Iraqi
government, anti-war media, and politicians. LtCol Chessani loyally
served his commanders and nation for over 20 years in several wars.
It’s time for justice. I hope LtGen Flynn will make the right decision
by stopping what is clearly now a political persecution of this loyal
and patriotic combat officer.”
The Law Center,
a national public interest law firm based in Ann Arbor,
Michigan,
along with detailed military attorneys LtCol Jon Shelburne,
USMC,
and Capt Jeffrey King,
USMC,
have represented LtCol Chessani throughout the criminal process.
Those bogus charges against LtCol Chessani were triggered by a fierce house-to-house,
room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha,
Iraq on November 19,
2005. Along with several insurgents,
15 civilians also died. Where insurgents purposefully use civilians as human shields,
civilian casualties are tragic,
but not uncommon.
The trumped-up charges against LtCol Chessani: failing to properly report and investigate the November 19,
2005 incident.
In fact,
he immediately reported the deaths of the 15 civilian Iraqis to his superiors.
Not one of his superiors
hearing of the 15 civilian deaths ─ including top generals ─ considered
it unusual. Not one ordered a further investigation. In fact, they
commended him for a job well done.
Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action.
His commanding general reported up the chain of command,
“I support our account and do not see the necessity for further investigation.”
“Marines are renowned for
their courage and their willingness to follow their commanders into
battle against all odds. Their commanders, on the other hand, owe
justice to these brave men and women who face death for them. That
obligation requires commanders to defend their troops when politicians
attempt to make them political scapegoats,
” said Thompson.
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.
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Comments
It has gone well beyond the pale now. It's time for Chessanis' legal staff or ACLU to step forward and begin seeking legal action against the government entities that have in my opinion been involved in the criminal activity of "Malicious Prosecution".
Still Obamas Aunt has not been deported! Let's put the cost of funding these ignorant Chessani prosecutions into defending the USA against those scofflaws who persist in violating immigration law. Then charge Obama with the numerous violations of election law ( like accepting funding from foreign nationals ie. his aunt).
The DOJs' Public Integrity laws must apply to SOMEBODY! Flies in the White House... Now what did Grandma say about what catches more flies?
Chessani was a battalion commander when the killings in Haditha occurred. He was on his third combat tour in Iraq. And now 24 civilians are dead. The people have a right to know the part he played, if any, in the killings. I know the charges were dropped but I'm glad the prosecution is moving forward.
My son is battling the insurgents in Afghanistan based on the new "Battle Rules" issued by McCrystal. Besides the obvious fear of loosing my son in battle, I also fear this very type of "persecution" should he or any other of these fine Marines be required to make a crucial decision that is later judged by the arm-chair quarterbacks as faulty.
I guess it is better to send our Marines home in a box than to have our government have to express honest sorrow and regret that the insurgents were the ones who put the civilians in harms way, not our Marines.