John Murtha is being sued by one of the marines he slandered when he declared them all "cold-blooded killers". This is a thing of beauty and I cannot wait to see how badly this one is going to singe Murtha's reelection bid.
A Marine Corps staff sergeant who led the squad accused of killing two dozen civilians in Haditha, Iraq, will file a lawsuit today in federal court in Washington claiming that Rep. John P. Murtha (D-Pa.) defamed him when the congressman made public comments about the incident earlier this year.
Attorneys for Frank D. Wuterich, 26, argue in court papers that Murtha tarnished the Marine's reputation by telling news organizations in May that the Marine unit cracked after a roadside bomb killed one of its members and that the troops "killed innocent civilians in cold blood." Murtha also said repeatedly that the incident was covered up.
Now, the details are still not known completely on the cover-up investigation, however preliminary reports indicated that there was no cover-up. So Murtha is already caught in one lie. The fact that this marine is willing to take on Murtha of the latter's execrable remarks is a breath of fresh air. Read the whole article for the full story, but here's the one part that really caught my eye:
The move by Wuterich is rare, as statements made by members of Congress generally are protected under the "speech or debate" clause in Article I, Section 6, of the Constitution. But legal experts said the clause grants immunity only for what lawmakers say in legislative proceedings and does not apply to news releases, speeches and other public comments.
Rodney A. Smolla, dean of the University of Richmond Law School and a libel expert, said yesterday that Wuterich would have the burden of proving that he is innocent and that Murtha's statements were false, but he added that the quotations appear to be actionable in court. He said the suit shows that Wuterich probably thinks he did nothing wrong.
"Part of the subtext of this is it's a showing of confidence and a preemptive strike of sorts," Smolla said. "The congressman's statement does not sound as if it is merely hyperbole or opinion or name-calling. Instead, it conveys the idea that the Marines violated professional standards and perhaps the law."
I've said all along, since the first time I read Murtha's outrageous statements that he was badly out of line to do so. One hopes he gets soundly spanked in court for this one.
UPDATE: A commenter beat me to this before I could link it. An AP story just released a short while ago.
WASHINGTON - Evidence collected on the deaths of 24 Iraqis in Haditha supports accusations that U.S. Marines deliberately shot the civilians, including unarmed women and children, a Pentagon official said Wednesday.
Agents of the Naval Criminal Investigative Service have completed their initial work on the incident last November, but may be asked to probe further as Marine Corps and Navy prosecutors review the evidence and determine whether to recommend criminal charges, according to two Pentagon officials who discussed the matter on condition of anonymity.
The decision on whether to press criminal charges ultimately will be made by the commander of the accused Marines' parent unit, the 1st Marine Expeditionary Force at Camp Pendleton, Calif. That currently is Lt. Gen. John Sattler, but he is scheduled to move to a Pentagon assignment soon; his successor will be Lt. Gen. James Mattis.
The case is one of several involving alleged unjustified killings of Iraqi civilians that have emerged this year, damaging the military's reputation for humane treatment of civilians and triggering calls by some Iraqi leaders to end the arrangement under which U.S. troops are immune from prosecution by Iraqi authorities.
One has to question whether this unsourced story was released just after the news of the lawsuit or whether the lawsuit was announced in anticipation of the story. Regardless, the wording of the AP report is unusual as it says: "supports accusations that U.S. Marines deliberately shot the civilians, including unarmed women and children". That's an odd turn of phrase in this context and appears to be directly addressing Murtha's accusations not criminal charges. Something is odd about that, I think.
This also does nothing whatever to negate the fact that a separate report shows their was no coverup, either.