Haditha 'scapegoat' cleared of misconduct claims

An officer whose military trial on allegations he mishandled an investigation after insurgents attacked U.S. Marines in Haditha, Iraq, was dismissed now has been cleared of misconduct by a Board of Inquiry.

Lt. Col. Jeffrey Chessani

However, attorneys for Lt. Col. Jeffrey Chessani confirm that the board expressed the opinion Chessani should retire because of his alleged "substandard performance" following the attack that left a number of civilians dead, even though the officer's chain of command up through a major general supported Chessani's handling of the crisis at the time.

The Thomas More Law Center has been defending Chessani over charges from the Nov. 19, 2005, attack on Marines in Haditha. The firefight killed nine insurgents and another 15 civilians who largely had been used as shields by the insurgents.

Law Center spokeswoman Kathleen Lynch told WND the firm is awaiting word from Washington whether it will uphold the board of inquiry's decision or modify it before making a determination on a possible appeal.

The Chessani case appeared to be heading toward a possible conclusion just as another case alleging wrongdoing on the part of American soldiers was reaching a boiling point.

Several Navy SEALs are being prosecuted by their own government and accused of mishandling a terror suspect who is thought to have orchestrated the 2004 murders of four Blackwater security guards.

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According to Jed Babbin, former deputy undersecretary of defense, Navy SEALs Julio Huertas, Jonathan Keefe and Matthew McCabe were part of a team that captured Ahmed Hasim Abed, thought to be behind the murders of the security guards.

Now, however, three months after the capture, the SEALs are being arraigned on claims they abused the terror suspect.

Babbin reported that, while the facts of the case are a "bit muddy," Abed was captured and handed over to Iraqi custody by the SEALs. However, the SEALs later reclaimed Abed from the Iraqis, apparently for additional questioning, and he then complained of mistreatment.

McCabe is accused of illegally hitting Abed and then denying he did it. Huertas faces charges of making false statements that he didn't see any hit on Abed and Keefe is accused of lying.

"Putting these SEALs through a court-martial for an offense that deserves – at worst – a good chewing out and a sentence to do a few hundred pushups will send a devastating message throughout all the special forces," Babbin wrote.

The Haditha firefight came and went like so many others in Iraq and the court case and other allegations erupted only after U.S. Rep. John Murtha, D-Pa., publicly accused U.S. Marines of being cold-blooded killers.

As WND reported, Chessani was the highest-ranking officer charged in the Haditha incident, in which a series of original investigations found nothing wrong.

But then Murtha publicly accused the Marines of murdering Iraqis and government prosecutors charged Chessani with criminal wrongdoing. They lost at every stage of the criminal case, which eventually was thrown out of military court. That action was upheld on appeal.

The military, however, restarted the case with a Board of Inquiry, at which the burden of proof is lower.

The ruling that Chessani was innocent of misconduct and should not be demoted but still should retire was a "mixed result," according to defense counselors.

"It's indicative of the weakness of the government's case that it could not prove misconduct at the board hearing where the normal rules of evidence didn't apply and the burden of proof was lessened," said Richard Thompson, chief counsel for the Law Center.

"We are all greatly relieved that the board said Lt. Col. Chessani was not guilty of misconduct and should not be demoted," he continued.

"However, I believe the overwhelming evidence supported a total and complete exoneration of Lt. Col. Chessani."

The decision was reached after Law Center attorney Robert Muise delivered a closing argument that said Chessani simply was a "scapegoat" to appease "the anti-war media and anti-war politician John Murtha."

"Here's your scapegoat," Muise told the board. "Here's your fall guy."

After the firefight, Chessani was commended for a job well done. His commanding general, Maj. Gen. Huck, said, "I support our account and do not see the necessity for further investigation."

It was a year later when the military changed its collective treatment of the situation, launching attacks on Chessani and seven others. Of the eight Marines eventually charged, cases against Lance Cpls. Stephen Tatum and Justin Sharratt, Capts. Randy Stone and Lucas McConnell and Sgt. Sanick P. Dela Cruz were dropped. First Lt. Andrew Grayson was acquitted, leaving only the Staff Sgt. Frank Wuterich case pending as well as Lt. Col. Chessani's.

Talk-radio icon Michael Savage has been integral in raising the public's awareness of the Chessani case, as well as raising significant support for the team working on his defense.

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Previous stories:

Marine faces final hurdle in Haditha case

Target of Haditha claims facing new accusations

Murtha-inspired charges against Marine collapse

Murtha-inspired Haditha case fails again

Government won't give up Haditha prosecution

Michael Savage credited with making Haditha case difference

Court upholds dismissal of Haditha charges

Court hears appeal over Haditha firefight

Murtha-inspired Haditha case on appeal

Murtha-inspired Haditha charges called 'feckless'

Haditha Marine prepares to sue Murtha over smear

Haditha counts against officer dismissed

Haditha judge to rule on motion to dismiss

Jury acquits another Haditha Marine

'Unlawful command influence' taints Murtha case

Haditha 'chain of command' targeted

Jury to 2nd-guess Murtha's Haditha case

Judge gives Murtha pass on Haditha testimony

Another defendant in Haditha case cleared

Rumsfeld 'politicized' Haditha case with 'shadow body'

Murtha granted exemption from explaining

Murtha wrong, video at Haditha hearing shows

Haditha charges against another Marine reduced

Arraignment set for Marine condemned by Murtha

Trial set for Haditha vet targeted by Murtha

Murtha cornered over Haditha charges

Haditha Marine's hearing called 'sham'

Court-martial recommended for Haditha Marine officer

Marine officer under fire gets support on 2 fronts

Marine hopes hearing will remove 'Murtha taint'

Testimony leaves Murtha allegations wilting

Case against Marine blamed on Murtha politics

Arab newssite had false 'Haditha massacre' photo

Mom describes nightmare of Marine's incarceration

 

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Previous commentaries:

'Cut and Run' Murtha goes off half-cocked

Muttering madman Murtha

What Haditha portends