Government Looks to Change Manslaughter Charges to Murder in Fallujah Marine Case

What do you do when you can’t get Marines to testify against each other, can’t get them to take a deal, and generally have no case? Why, up the ante, of course.

A federal grand jury is considering amending charges against a former Riverside police officer from manslaughter to murder for killings while he was a sergeant in Iraq, a defense attorney said.

Jose Luis Nazario Jr. is charged with voluntary manslaughter in U.S. District Court in Riverside — because he is no longer in the military. But prosecutors are now asking a grand jury in Riverside to change the charges to murder, said Kevin McDermott, one of the attorneys representing Nazario.

Assistant U.S. Attorney Jerry Behnke said he could not comment on whether the grand jury is reviewing the case or why the prosecution would ask for charges to be amended. Grand jury proceedings are closed to defense attorneys and the public.

Of course he’s not going to comment on why they would be amending the charges to read murder instead of manslaughter. What would he say? I can see the press conference now.

“Well, folks, this whole process isn’t going the same as the others. There’s an order to this whole thing. See, first we charge them all, even though we have no evidence. Then we confine them in ungodly conditions…what’s that? Oh god, no. Not like detainees. Those guys at Gitmo are living fat and happy. We’re trying to break these Marines, not coddle them. Stop asking stupid questions.

“Anyway, usually after about 18 hours of interrogations with no food, water, or bathroom breaks, a few months of shackles and solitary confinement, they’ll sign anything we ask. Yes, we’ve done it before, we know it works. But these Marines, they’re being a bit uncooperative. Nelson refused to testify even though we put him in jail over Memorial Day weekend, we had to pull him out of jail because the milblogs made a bunch of ruckus about the whole thing. Nazario’s refusing to plead guilty…it’s just ridiculous. Don’t these guys know they’re supposed to play along? Well, we’re just going to remind Nazario of what’s at stake here. He’s got a family. We’ve got Mattis on board, he’ll testify against the Marines. But anyway, the short answer to your question of why we decided to bump it up is obvious–we have to bring in the big guns. We have nothing unless we can either get them to plead guilty, or get someone to roll.”

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YouTube Refuses to Take Down Terrorist Video Depicting Death of Marine

While on YouTube just now, I was browsing combat footage and came across this disgusting piece of trash. The video shows a terrorist sniper shooting a U.S. Marine in the back of the head. I flagged the video, and am asking that you do the same. Of course, YouTube isn’t removing the video, and I’m fairly sure that even with you flagging it, it still won’t be taken down. However, go flag it anyway.

The idea that YouTube allows terrorist propaganda videos is nothing new, but it’s also something that makes me so filled with rage that I literally can’t see straight.

UPDATE: The video has finally been removed and the user suspended. Good job, fellow Americans. ;)

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General Mattis to Testify Against Chessani in Undue Command Influence Hearing

ANN ARBOR, MI – Military prosecutors are expected to call as their witness General James N. Mattis, a highly respected Marine officer and one of only a handful of four-star Marine generals, to testify in the court-martial hearing against LtCol Jeffrey Chessani on June 2, 2008, at Camp Pendleton, California.

Gen Mattis, recently given his fourth star, was the previous convening authority for the Haditha cases and the officer responsible for referring LtCol Chessani’s case to a general court-martial. Prosecutors are relying on him to rebut previous findings of the Military Judge that there is evidence of unlawful command influence.

So let me get this straight. When the defense asks for Mattis’ sworn deposition, they’re denied. Yet the prosecution can call him as a witness with no problems at all? And what will Mattis say? Well, of course he’ll say there was no undue command influence, and the judge will nod and say, “Oh, okay. Wow. Good thing you came on the stand and set that straight. Thanks, guys. Let’s all go get a brewski now.”

Am I the only one who thinks this fish smells worse than a two-dollar hooker? As it turns out, I’m not.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, the national public interest law firm defending LtCol Chessani, commented, “This case is dripping with double standards and political intrigue as the Pentagon attempts to appease Washington’s political establishment and press…”

[I must point out here that those of us fighting for these and other Marines like SGT Lawrence Hutchins have repeatedly tried to get Thomas More Law Center involved, but were rebuffed. Now suddenly it appears they've seen the light, sort of like the Apostle Paul on the road to Damascus. We're just happy they caught up.]

And here’s a little factoid you may not have known about:

“…Gen Mattis was investigated for ordering a ground and air assault of an Iraqi ‘wedding party’ in 2004 that resulted in the deaths of 40 men, women, and children. At a press conference shortly after the incident, he defended his actions by retorting, ‘I don’t have to apologize for the conduct of my Marines.’ What is puzzling is that even though Mattis rightfully was never charged with any criminal wrongdoing in that case, he did not give LtCol Chessani the same consideration.”

Did you catch that? “I don’t have to apologize for the conduct of my Marines.” Brilliantly said, and yet here we are, with Mattis at the forefront of a witch hunt against the very men he claims to love and respect so deeply, in almost the same type of situation. Then again, when it comes to the Marine Corps leadership, it’s not about fairness, justice, or even honor–as we’ve seen time and time again in case after case.

What makes me so curious is how Mattis will explain away roughly 25 closed-session meetings where one of the investigators was allowed to attend and discuss the case with the officers controlling the disposition of the case. That’s like a homicide investigator meeting with the judges in a civilian case. In other words, not right.

Chessani’s attorneys will be able to cross-examine the general on the stand, but if past track record is any indication of how that will go, the prosecutor will object, the judge will sustain, and Mattis will not be exposed for the dishonorable man that he is. We shall see if the judge has the personal integrity and fortitude to make his decision based on facts instead

[Note: I am well aware, dear readers, that my freedom to call Mattis dishonorable was given to me in part by Mattis himself. However, it was also paid for by Jeffrey Chessani and Larry Hutchins, so you'll forgive me if my loyalty lies with them instead of the one who ruined their careers and traded their freedoms for his fourth star.]

As disgusting as these cases continue to be, and as much of a cesspool as the military “justice” system has become, each mistake, each over-the-top action that they take is one more arrow in our quiver. It is one more piece of proof of innocence for all of these Marines, one more way we can show how badly these cases are conducted. That means one step closer to freedom for SGT Larry Hutchins.

So hang in there, Larry. If the NCIS, the JAG, and the Marine Corps leadership show their backsides any more, we’ll have caught them with their pants down completely–which is exactly what I, and others like me, intend to do.

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Marines Accused of Proselytizing in Fallujah

This article literally sickens me. God forbid the Marines who are laying down their lives for these people get thanks. Instead, they get articles like these, written in a tone of hatred and disdain. Disgusting.

FALLUJAH, Iraq — At the western entrance to the Iraqi city of Fallujah on Tuesday, Muamar Anad handed his residence badge to the U.S. Marines guarding the city. They checked to be sure he was a city resident, and when they were done, Anad said, a Marine slipped a coin out of his pocket and put it in his hand.

Out of fear, he accepted it, Anad said. When he was inside the city, the college student said, he looked at one side of the coin. “Where will you spend eternity?” it asked.

He flipped it over, and on the other side it read, “For God so loved the world, that He gave His only begotten Son, that whoever believes in Him shall not perish, but have eternal life. John 3:16.”

“They are trying to convert us to Christianity,” said Anad, a Sunni Muslim like most residents of this city in Anbar province. At home, he told his story, and his relatives echoed their disapproval: They’d been given the coins, too, he said.

“Iraq is investigating a report that U.S. military personnel in Fallujah handed-out material that is religious and evangelical in nature,” said Rear Adm. Patrick Driscoll, a U.S. military spokesman, in a statement e-mailed to McClatchy Newspapers. “Local commanders are investigating since the military prohibits proselytizing any religion, faith or practices.”

Fallujah, the scene of a bloody U.S. offensive against Sunni insurgents in 2004, has calmed and grown less hostile to U.S. troops since residents turned against al-Qaida in Iraq.

Now residents of the city are abuzz that some Americans who they consider occupiers are also acting as Christian missionaries. Residents said some Marines at the western entrance to their city have been passing out the coins for two days in what they call a “humiliating” attempt to convert them to Christianity.

In the markets, people crowded around men with the coins, passing them to each other and asking in surprise: “Have you seen this?”

The head of the Sunni endowment in Fallujah, the organization that oversees Sunni places of worship and other religious establishments, demanded the Marines stop.

“We say to the occupiers to stop this,” said Sheikh Mohammed Amin Abdel Hadi. “This can cause strife between the Iraqis and especially between Muslim and Christians. … Please stop these things and leave our homes because we are Muslims and we live in our homes in peace with other religions.”

In interviews, residents of Fallujah repeated two words — “humiliation” and “weakness.”

“Because we are weak this is happening,” said a shop owner who gave his name as Abu Abdullah. “Passing Christianity this way is disrespectful.”

“The occupier is repeatedly trespassing on God and his religion,” said Omar Delli, 23. “Now the occupier is planting seeds of strife between the Muslims and Christians. We demand the government in Fallujah have a new demonstration to let the occupier know that these things are humiliating Islam and the Quran.”

The controversy over the coins comes on the heels of a tempest triggered by a U.S. sniper who used the Quran, Islam’s holy book, for target practice. The sniper was pulled out of Iraq after tribal leaders on May 9 found a Quran with 14 bullet holes and graffiti on the pages.

In Islam, the holy book is never to touch the floor, let alone be defaced. Iraqi leaders condemned the actions, U.S. generals apologized and President Bush offered a personal apology to Iraqi Prime Minister Nouri al-Maliki.

In Fallujah, Mohammed Jaber saw one of the coins and said he thought of the bullets lodged in the Quran, the torture of Iraqi men at the Abu Ghraib prison in 2004 and the rape of a 14-year-old girl and her murder, and that of her family in Mahmoudiya.

“Now we have this missionary way by these coins,” he said. “We feel the Muslims are weak and we hope that we will reach a point when we are strong to let them know what is wrong and what is right.”

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Nazario Case: Marine Freed But Still Refuses to Testify

This is breaking in the Nazario Case:

Marine Sgt. Jermaine Nelson, jailed in Los Angeles last week for contempt of court for refusing to testify against his former squad leader, was released Thursday after promising to attend a grand jury session and listen to questions.

Joseph Low, Nelson’s attorney, said his client promised U.S. District Court Judge Percy Anderson that he would attend a June 18 session of a grand jury probing the alleged killing of prisoners by Marines during the fight for Fallouja in late 2004.

But Nelson did not promise to provide information about former Sgt. Jose Luis Nazario, Low said. “I did inform the judge [that] nothing has changed except our willingness to listen,” he said.

Anderson had Nelson jailed last week when, despite receiving immunity, he declined to answer questions about “a brother Marine.” Low said Nazario had saved Nelson’s life in Iraq.

We’ll be paying close attention to this as it unfolds. I can’t help but wonder if milblogger coverage of this travesty helped contribute to Nelson’s release. As always, stay tuned to ER for up-to-the-minute coverage.

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As If We Don’t Give The Little Thieves Enough

If this is not the most asinine thing you ever heard, then I don’t know what is. As a current production manager with roughly 100 employees under me, I know what a nightmare it can be when a citizen with no integrity decides to get “injured” in an attempt to collect work comp benefits.

Now Michelle Malkin shows that illegals–you know, those people who sneak into our country illegally–are eligible for work comp benefits in several states.

Let’s think about this a second. Does our nation need yet another reminder of what “illegal” means? I’ll try to use small words. Illegal means–wait for it–WRONG. UNLAWFUL. NOT ALLOWED. Can you all say it with me? ILLLLLEEEEEEGAL.

These mounds of cow chips masquerading as legislators need to get their shizara together, because otherwise we’re screwed. Say goodbye to life as you knew it, folks. The illegals are taking over.

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Site of the Week: 28 May 2008

Site of the week is Islamic Evil.  LOTS of stuff there about Islam.  Eat your heart out, you jackasses that keep trying to hack me.  Bring your A game next time, goat-lovers.

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Faulty Wiring Still Killing U.S. Soldiers

Why are faulty KBR wiring setups still killing U.S. soldiers? Good question.

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Little Lives and Moments

I don’t know how, but I missed this last week.  Actually…I do know how.  I was racing through work and preparations for D.C. and a million other things.  This slowed me down.

I grew up listening to Steven Curtis Chapman’s music.  His skill with lyrics, his ability to play so many different instruments, his talent…it has always been an inspiration to me as a musician.  His songs have at times cheered me, made me feel better, and helped me get through some rough things in my life.

Cheers to Michelle Malkin for such a human, real post.  She’s right, and we all need to grab those little moments…because you never know when the little life will be gone.

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Lt Gen Samuel Helland: One Small Step, But Not Even Close to Right Yet

Interesting developments in the Camp Lejeune case today.

RALEIGH , N.C. - Two Marine officers in a unit that was accused of killing as many as 19 Afghan civilians in 2007 will not face criminal charges, the military said Friday.

Lt. Gen. Samuel Helland, the commander of U.S. Marine Corps Forces, Central Command, made the decision not to bring charges after reviewing the findings of a special tribunal that heard more than three weeks of testimony in January at Camp Lejuene.

The tribunal investigated allegations that as many as 19 Afghan civilians died when a unit of Lejeune-based Marine special operations troops opened fire after a car bomb targeted their convoy on March 4, 2007 in Nangahar Province.

This decision is very significant for several reasons.  First, it’s a small victory for those of us advocating on behalf of Marines and soldiers accused of “war crimes” while doing their job–which is primarily, by the way, killing the enemy last time I checked.

What makes the decision interesting is that General Helland just happens to be the same officer who served as the convening authority in the SGT Lawrence Hutchins case.  Hutchins is better known as the squad leader of the Pendleton 8, a group of Marines who, together with their Navy Corpsman, were accused of murder after taking out a terrorist in April 2006.  All but Hutchins finally broke after 18-hour interrogations and months of confinement in solitary, shackled conditions that Gen. James Mattis called too severe.

The men took plea deals, pointed the finger at Hutchins, and now all seven of them are free–or at least, not imprisoned.  Hutchins remains in the brig at Camp Pendleton, recently sentenced to 11 years by General Helland, even though the government still to this day cannot prove that the Marines killed anyone besides the terrorist they were sent to find–and kill.  Their entire case rested on their ability to threaten seven men long enough and hard enough to get them to sign statements admitting something they did not do.  Everyone has a breaking point, and the NCIS made sure they found every single one.  The results are honorable Marines now facing life as federal felons and one in jail for the next six years–in return for doing their job.

Why the shortsightedness in the Hutchins case, and the contrasting willingness to do the right thing in the Lejeune case?  The evidence showing Hutchins to be innocent is overwhelming, public, and freely available.  The undue command influence recently found by a military judge in the Haditha case has been touted as a huge victory for not only LtCol Jeffrey Chessani, but also for Hutchins, who stands to benefit from the door finally being opened to show the same in his own case.

Whether Lt. Gen. Samuel Helland can and will do the right thing twice in a row remains to be seen.  Judging from his track record thus far, I’m not expecting much. These days in Marine Corps leadership, honor seems to be in short supply.

Also posted at TheNextRight.com.

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DC Trip 2008

I apologize for the lack of posts over the weekend. I was in Washington, D.C., celebrating Memorial Day weekend with Rolling Thunder, Run For the Wall, and the men I like to refer to as “my boys,” the wounded at Walter Reed. I was also with Suezi Lanham, wife of GOE Colorado Coordinator Dale Lanham, and my friend Chris, a KC-10 pilot stationed in New England who drove down to hang out with us.

Friday night was the counter-protest at Walter Reed, and we had a great time with TJ, Jonn Lilyea, Laura Bush from DC Freepers, and many more. I met a young man at Mologne House who told me he needed a new pair of shoes for his new pair of legs. By the way, I’ve decided to raise money for a few of those guys to get new shoes for their prosthetic legs. Who wants to help? I think it’d really put a smile on their faces.

Saturday we went to the memorials and to Arlington, then Sunday was the Rolling Thunder craziness. How fun it all was. May write more later…right now I’m just trying to unwind and get my brain back to normal.

Highlights:

- Riding in the dogfight simulator with my friend Chris at the Air and Space Museum
- Meeting TSO from The Sniper and going on a tour of interesting bars in D.C.  Although, the poor guy blushed every time I looked at him.  I felt bad.  So I kept looking at him, of course.  He’s a sweety, but we still managed to argue during our outing.   It’s all fun and games until you talk politics, ya know. ;)  All said, TSO is the best.
- Seeing the Tomb Guards again.
- Hanging out with Suezi and Chris.
- Saying hello to the guys on the Wall.
- Spending time at Walter Reed with my heroes.
- Seeing the bikes on Sunday, speeding down Constitution Avenue.

Yes, that’s an EGA around my neck.  I wear it for a reason.

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Memorial Day 2008

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Nazario: Fallujah Marine Jailed; Won’t Incriminate Other Marine

Interesting turn of events yesterday in the Fallujah case. This from Newsmax:

A Marine facing charges for killing an insurgent prisoner in Fallujah, Iraq, 3 1/2 years ago has been jailed for refusing to testify against another Marine involved in the incident.

U.S. District Judge Percy Anderson on Wednesday ordered Sgt. Jermaine Nelson to be confined at the federal lockup in Los Angeles after giving him several opportunities to testify.

“It was a beautiful thing to see,” said lawyer Joseph H. Low IV, a former Marine infantryman representing Nelson.

“The prosecutors are attempting to break the bonds formed in combat. Nelson told them he’d rather go to jail than rat out a brother Marine.

“It is coercion pure and simple. The government wants to take these guys and try to make them say what they want them to say. The government doesn’t have a case so they resort to this.”

Nelson, 26, refused to testify against his former squad leader, Sgt. Jose L. Nazario, at a federal grand jury seated in Riverside, Calif., Low said.

Nelson was granted testimonial immunity by federal prosecutors seeking to enhance voluntary manslaughter charges against Nazario to murder. If he had cooperated, Nelson would have been protected from further jeopardy for anything new he revealed in the case, according to Low.

Nazario was indicted by a federal grand jury two weeks after being arrested on Aug. 7, 2007. He is charged under the Military Extraterritorial Jurisdiction Act, passed by Congress in 2000 to allow service members serving overseas to be prosecuted in civilian court for offenses that call for more than one year of imprisonment.

The prosecution wants Nelson to tell the grand jury what happened at Fallujah on Nov. 9, 2004, when his squad encountered four enemy combatants during the opening hours of the bloody month-long battle for the ancient city.

Nelson already faces up to life in prison and a dishonorable discharge for twice confessing without legal counsel that he killed one of the insurgents after being ordered by Nazario to do so.

In his confession, Nelson claimed Nazario received the order to kill the prisoners from an unknown superior over his inter-squad radio.

Keep in mind that the government has no victims, no evidence, and literally NOTHING in this case except the testimony of one Marine who “confessed” twice without an attorney (sound familiar?) and a few statements that don’t match (I’m seeing a pattern here).

There are some amazing developments in these cases right now, and every one of them gives me hope that perhaps the Pendleton 8 case will be rectified once and for all.

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Letter to General Helland re: Sgt Lawrence Hutchins

The following letter was sent to Lt. Gen. Helland and others last night regarding the continued imprisonment and wrongful conviction of SGT Lawrence Hutchins.

I am currently writing a definitive account of the Hutchins case from beginning to end. I am incorporating all the documents I have in my possession, including the Ronin diaries, autopsy report, record of trial, NCIS work product, combat logs, interviews, and much more.

After two years of research in this case, as all of you are already aware, I can and will prove well beyond a reasonable doubt all of the following:

- There was a casual familiarity between the prosecution and the convening authority that crosses the line well into undue command influence. This was not an exception, but the modus operandi, as evidenced by recent rulings in United States v. Chessani and other examples in related cases such as United States v. Girouard.

- This familiarity between the convening authority and the prosecution extended to the defense attorneys, as they “played along” with the government’s script, ultimately failing in their duty to represent their clients, and denying them a fair trial.

- The six remaining Marines and Navy Corpsman lied on the stand. Each of them had a personal reason, something that the NCIS used to bargain with, and I will expose these reasons, including NCIS’ maximizing of them to force the Marines to falsely incriminate themselves.

- These lies purchased sentences that accomplished a two-fold purpose. First, they allowed the government to “punish” someone, thereby saving face with both the media and the Iraqi government in one fell swoop–without ever having to actually prove their case in a fair court of law and without ever having to actually convict the men involved. Secondly, the sentences offered the men a way to get on with their lives. The prospect of perjuring oneself is obviously less frightening when sanctioned by the government and done in return for the whole sordid mess just going away. As evidenced by the online postings of Jodka, Magincalda, Bacos, and Pennington, they have already forgotten that their lies betrayed the man who led them into battle and would have laid down his own life to ensure they made it home from Iraq. They all “just want to move on.” Of course, [some of their] willingness to be paid for their stories does not speak well for their veracity either. One does not pay for the truth to be told, and one does not accept payment for telling it.

- From the first day the Marines and Corpsman were confined, everything about their confinement was designed to emotionally, psychologically, and physically (by denying medical attention to Cpl Magincalda) break them–before they had even been charged with a crime. Gen. Mattis himself has admitted that the Marines and Corpsman were held in overly strict conditions.

- The NCIS conducted their investigation with a blatant lack of integrity, fairness or even concern for the truth. Their methods were not only suspect, but outright corrupt. This is perhaps one of the most easily proven points of the entire case.

From the beginning, this case was flawed at its core. From the lack of witness verification to cruel and unusual punishment, from openly suborning perjury to the manufacturing of “evidence,” the government has acted with complete and utter disregard for facts. Aided by a “defense” corps that submarined its own clients, the Marine Corps took a sergeant of Marines with an unimpeachable record of service and destroyed his career and that of his men–not to mention bankrupting families and tearing relationships and marriages apart. Proving this is not an issue. The documents speak for themselves.

Once the story is written, I have almost 50 websites with a combined total readership well into the tens of millions ready to run it. It will be on internet talk radio shows with global listenership. I guarantee you that this story will be the #1 result on every search engine on the internet for Sgt Lawrence Hutchins. I will also make sure that it is the #1 result for every single officer involved in this case, from every attorney to every judge who has ever touched this case. There will be no libel, no slander–only truth, facts, and the documents that back them all up.

The government has shown an inherent unwillingness to do the right thing, and therefore I feel it my duty to expose every lie, every inconsistency, every hole in the story…Regardless of personal cost to me, Sgt Hutchins WILL be exonerated–if not by his government, then by his countrymen in the court of public opinion. When they see the extent of the injury to Hutchins’ name, they WILL seek justice.

I do not think I need to remind you that The Long War is unpopular at best. As we have discussed at length, if the average American were made aware of the extent the government will go to in order to appease the media, the anti-American Left, and a foreign power, it could be an interesting election year…

Kit Lange

Thanks to John Bambenek, Deb Lange, and Deb at Yankeemom, all of whom have recently come on board to help wade through the hundreds of pages of case material, catalog it, and cross-reference so that this story may be finally written once and for all. We will win this fight, and it will not end until Larry Hutchins walks out a free man.

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Up Yours, America! I’m Obamessiah and I Am Teh Smartz

The material just keeps getting better. Smacking around the Democratic Presidential candidates is like shooting the proverbial fish in a barrel.

Michelle Obama has given conservatives more than enough fodder with her anti-American drivel, and watching her try to be gracious and classy is like watching a lamprey on the side of a fish tank–can’t really hide the teeth all the way down its throat. But her husband is less dangerous, simply because he’s so stupid it defies description. Between not knowing the number of states in the U.S., mixing up Sioux City and Sioux Falls (and for those of us who have lived in one location or the other, there’s a big difference), thinking Kansas tornadoes killed 10,000 when they really killed 12…the list goes on and on.

Michelle Malkin has a comprehensive list that will probably double in size by next week, sooner if he’s called upon to play janitor knight in shining armor to his wife’s oral diarrhea horrible treatment by the public. What a douchebag. First off, Michelle darling, it’s like STDs. If you don’t like them, keep your legs closed. Same principle here. Secondly, Mr. Michelle, if your wife has the balls to stand up and badmouth my country–the same one that allows you to run for President on the basis of nothing more than buzzwords and idiocy–then tell her to have the balls to take the tomatoes that will be thrown at her for being a spoiled, racist, ignorant bimbo.

We’ve got a feminazi socialist who’s so far in debt she’ll soon be rubbing charcoal on her legs to simulate stocking a la WWII, and a pair of twits who can barely contain their disdain for the United States. They’re liars, they’re idiots, and–yes, I’ll say it–they are horrible examples for the black community that is looking to him as their Great Hope. Obama’s not a symbol of “what the black man can achieve,” for Americans regardless of color are capable of much more than Barack Obama’s forgettable career. He’s just proof that affirmative action has finally reached the Presidential elections.