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The War Profiteers - War Crimes,
Kidnappings & Torture |
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April 14th,
2009 - Appeals Court: Marine Can’t Sue Murtha |
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Appeals Court: Marine Can’t Sue
Murtha By Nedra Pickler Associated Press April 14, 2009 Washington - A federal
appeals court ruled Tuesday that Rep. John Murtha cannot be sued for accusing
U.S. Marines of murdering Iraqi civilians "in cold blood," remarks
that sparked outrage among conservative commentators. The appeals court in
Washington dismissed a defamation lawsuit brought by a Marine who led the
squad in the attack. The judges agreed with Murtha that he was immune from
the lawsuit because he was acting in his official role as a lawmaker when he
made the comments to reporters. Staff Sgt. Frank Wuterich of
Meriden, Conn., claimed Murtha damaged his reputation by saying the squad he
was leading engaged in "cold-blooded murder and war crimes" in
Haditha, Iraq, on Nov. 19, 2005. At a Capitol Hill news
conference in May 2006, Murtha predicted that a Pentagon war crimes
investigation would show the Marines killed dozens of innocent Iraqi
civilians in Haditha. Military prosecutors have
said two dozen Iraqis, including women and children, were killed in Haditha
after one Marine died and two others were wounded by a roadside bomb.
Wuterich is charged with voluntary manslaughter and other allegations, the
only person still facing charges in the attack. He has pleaded not guilty.
He is accused of ordering his men to clear several houses with grenades and
gunfire, leading to the civilian deaths. Republicans and
conservatives accused Murtha, a decorated Vietnam veteran and retired Marine
Reserves colonel, of convicting the Marines before the investigation was
concluded and fueling enemy attacks in retaliation. GOP challengers tried to
use the comments against Murtha in the 2006 and 2008 campaigns, but his
constituents overwhelmingly re-elected the congressman who has represented
them since 1974. Murtha, who is opposed to
the Iraq war, has said he made the comments to draw attention to the pressure
put on troops in Iraq and efforts to cover up the incident. He did not mention
Wuterich or any other Marines by name. A three-judge panel on U.S.
Court of Appeals for the District of Columbia Circuit found that Murtha could
not be sued under the 1988 Westfall Act, which gives federal employees
immunity from lawsuits arising out of acts they undertake in the course of
their official duties. U.S. District Judge Rosemary
M. Collyer had refused to dismiss the suit last September and ordered Murtha
to give a sworn deposition about his comments. The appeals court overturned
that order and said the case must be dismissed. Wuterich's attorney Mark S.
Zaid said that despite the appeals court ruling, Murtha should apologize for
his statements. "It is disappointing
that the court has placed members of Congress on a special pedestal and
granted them carte blanche immunity to defame anyone they choose as part of
their official responsibilities without even allowing a victim to expose the
actual facts that are known only to the perpetrator," Zaid said. Murtha's spokesman declined
to comment. Another Marine involved in
the Haditha fighting, Justin Sharratt, has filed a slander lawsuit against
Murtha in Johnstown, Pa. Although the judge in that case may consider
Tuesday's decision and give it weight, it is not binding on that court since
it's in a different appeals court circuit. A former lance corporal,
Sharratt sued Murtha in September claiming the lawmaker's remarks not only
defamed him, but denied him due process and the right to a fair trial on the
charges in military court. Sharratt was initially charged with three counts
of premeditated murder, but was exonerated after a full investigation and the
military equivalent of a preliminary hearing. Sharratt said it was proven he
killed insurgents, not civilians. Sharratt's attorney, Noah Geary,
argued that a jury in Pennsylvania should decide whether Murtha was acting
within the scope of his official duties when he called the Marines murderers
on cable TV news shows. "When he's on the House
floor he can say anything he wants," Geary said. "But when he goes
on Wolf Blitzer and Hannity and Colmes, and all these other outlets, he's
outside the scope of his employment when he's making these comments,"
Geary said. Associated Press writer Joe
Mandak in Pittsburgh contributed to this report. Copyright © 2009 The
Associated Press. All rights reserved. External link: http://www.google.com/hostednews/ap/article/ALeqM5j-LnJlto4CJin4_NnKFQIIGSm2hQD97IFMC00 |