27 posts tagged “us marines”

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.

Marines Prohibit Father of Serviceman Killed on USS Cole from Expressing Opposition to Islamic Terrorism; Thomas More Law Center Files Lawsuit

Wednesday, November 12, 2008 
 
ANN ARBOR, MI – Jesse Nieto is a 25-year Marine veteran whose honorable service to our nation included two combat tours in Vietnam.  His youngest son, Marc, and 16 of Marc’s shipmates were killed on October 12, 2000, by Islamic terrorists who bombed the USS Cole.  Nieto has worked as a civilian employee at the Marine Corps Base Camp Lejeune in North Carolina since 1994. 

Since 2001, Nieto has displayed various decals on his vehicle expressing anti-terrorist sentiments, such as “Remember the Cole, 12 Oct 2000, ” “Islam=Terrorism, ” and “We Died, They Rejoiced.”  On July 31, 2008, two military police officers (MPs) issued Nieto a ticket for displaying “offensive material.” 

In mid-August, after Nieto refused to remove all “offending” decals from his vehicle, the Base Magistrate issued Nieto a written order, ordering him to remove his vehicle from the base until all decals were removed and banning his vehicle from all other federal installations.  The order in effect prevented Nieto from driving his vehicle to Arlington National Cemetery (a federal installation) to visit the grave of his fallen son.
 
As a result of the Marine Corps’ action, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, this week filed a federal lawsuit against the Camp Lejeune Commanding Officer and the Base Magistrate on behalf of Nieto in the U.S. District Court for the Eastern District of North Carolina.  The civil rights lawsuit challenges the military’s ban on Nieto’s speech on the basis that it violates Nieto’s constitutional rights to freedom of speech and the equal protection of the law.  [Click here to read the complaint filed by the Law Center.]

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “The banning of these decals is political correctness run amuck in the military.  Our troops are being killed by Islamic terrorists, 9/11 was caused by Islamic terrorists, these terrorists want to destroy America, the Islamic countries persecute Christians, and now the military is victimizing a father whose son was killed by Islamic terrorists while serving our nation.”

Continued Thompson, “I suspect the next thing the Marine command will want to do is eliminate the Marine’s Hymn since the phrase ‘to the shores of Tripoli’ celebrates the Marine victory over Islamic forces in the Barbary Coast War and the Battle of Derne.”

The lawsuit alleges that military officials have engaged in viewpoint discrimination prohibited by the First Amendment and have violated the Fifth Amendment’s equal protection guarantee by allowing some messages to be displayed but prohibiting others that they find unacceptable.  Additionally, the lawsuit alleges that the military’s ban on “offensive” speech is impermissible because there are no objective standards guiding the decisions of government officials, thereby granting these officials unbridled discretion to determine which speech is acceptable and which speech is unacceptable.

Robert Muise is the Law Center attorney handling the Nieto case.  He is also one of the Law Center’s attorneys defending LtCol Jeffrey Chessani, USMC, the senior officer charged in the so-called “Haditha Massacre” case.  A military judge recently dismissed the charges against Chessani, and the government has appealed the ruling.  A decision by the military appellate court is expected in the next few months.

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 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.

Navy-Marine Corps Court of Criminal Appeals Hears Oral Arguments in U.S. vs. LtCol Chessani Case

Monday, October 20, 2008 

ANN ARBOR, MI – Last Friday, October 17th, observers in a packed courtroom filled mostly with Marine officers, intently listened as a Navy appellate lawyer asked the three-judge panel of black-robed Navy officers to reinstate the criminal charges against Marine LtCol Jeffrey Chessani. The location was the Navy-Marine Corps Court of Criminal Appeals located at the Navy Yard in Washington, DC.

At issue was a ruling earlier in the year by military judge Col Steven Folsom, USMC, who dismissed all of the charges against Chessani on grounds of Unlawful Command Influence. 

LtCol Chessani, a twenty-year Marine veteran, with three tours of duty in Iraq and considered one of the nation’s top combat commanders, sat quietly in the courtroom and listened to the give and take between the lawyers and the panel of judges as they dissected the law concerning his case.  

Robert Muise, an attorney with the Thomas More Law Center, a national public interest law firm, based in Ann Arbor, Michigan, argued the case on behalf of LtCol Chessani. The Law Center has been defending Chessani throughout his prosecution alongside his detailed Marine lawyers, LtCol John Shelburne and Captain Jeff King.   Captain Kyle Kilian, a Marine appellate defense lawyer who assisted in the appeal, sat at counsel table with Muise.

Chessani is the highest ranking officer facing criminal charges as a result of the much-publicized and ill-described “Haditha massacre.”  The criminal charges against him stem from a legitimate combat action taken by four enlisted Marines in his command after they were ambushed by insurgents in Haditha, Iraq, on November 19, 2005. Their actions resulted in the deaths of several ambushing insurgents.  Unfortunately, several civilians were also killed in the house-clearing operation.

Even though Chessani wasn’t present during the incident, he was criminally charged with failing to launch a full investigation into the incident. If convicted, he faces 2 ½ years imprisonment, dismissal from the Corps, and loss of all of his retirement pay.

 Each side was allotted 30 minutes to present their case.  Both sides presented spirited arguments to a fully engaged panel of judges, which peppered both lawyers with questions.  Many times appellate judges’ questions reveal concerns they personally have with the legal issues involved.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, observed the oral arguments.  Said Thompson, “Clearly, the court had a command of the facts and legal issues of the case.  They seemed concerned with the appearance of unlawful command influence due to the fact that Col John Ewers, the legal advisor to the convening authority, General James Mattis, sat in on hours of discussions the General had with military lawyers concerning the Haditha prosecutions.  Col Ewers personally interrogated Chessani during the investigation and co-authored the infamous ‘Bargewell Report’ which became the basis of the Haditha prosecutions.”

Thompson went on to say, “As a portends of a possible problem for the prosecution, seconds after the Government lawyer began his oral argument to reinstate the criminal charges, he was interrupted by the court and asked whether the court even had jurisdiction to hear the case because of a delay in filing the record of trial.  However, the primary concern of the judges seemed to be the appearance of unlawful command influence. The judges were also concerned that the government simply did not meet its burden of proving beyond a reasonable doubt that there was not unlawful command influence.  As Col Folsom explained in his ruling, the government only called two witnesses.” 

It could take the Navy-Marine Corps Court of Criminal Appeals several months to render a decision in this case.  Its decision could then be appealed to the Court of Appeals for the Armed Forces (CAAF) and then even to the U.S. Supreme Court.

Because the dismissal of charges against LtCol Chessani was “without prejudice, ” indications are that even if the Government lost all its appeals, it would simply recharge him. 

The Thomas More Law Center defends America’s Christian heritage and moral values, including 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.