Prosecutors Appeal Decision to Dismiss Charges Against Chessani

ANN ARBOR, MI – Late yesterday afternoon, military prosecutors filed an official notice that they are appealing the June 17th decision of Military Judge Colonel Steven Folsom, USMC, which dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds of unlawful command influence.

Click here to read the prosecution’s notice of appeal now.

Prosecutors have 20 days in which to file their appeal brief to the Navy-Marine Corps Court of Criminal Appeals (NMCCA), which is located in Washington, D.C.

Thomas More Law Center, representing Chessani, released a statement of their disgust today.

For over two years, the federal government, the Far Left media and anti-war politicians have smeared the names of loyal Marines, spent millions of dollars to uncover the “Haditha massacre” that never occurred, and employed an army of Naval Criminal Investigative Service (NCIS) agents in what it described as the largest investigation in that agency’s history. To show for their efforts military prosecutors have lost 7 of the 8 cases they charged, the eighth case is still awaiting trial.

Earlier this week, the prosecutors suffered their latest setback when military judge Colonel Steven A. Folsom, USMC, dismissed all charges against LtCol Jeffrey Chessani, USMC, the highest ranking Marine officer facing “Haditha” charges. Despite this ruling, the government has indicated that it intends to pursue an appeal, which will continue the case and the expense of taxpayer money for many more months, if not longer.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, which is representing LtCol Chessani in the court martial, commented, “The investigation and prosecution of the Haditha Marines has been a Fiasco. A military command decision should end it now—for the sake of the Corps, our nation and the Marines involved.”

Thompson continued, “Colonel Folsom’s ruling is rock-solid. If the government wants to continue wasting taxpayer dollars pursuing this case on appeal, we are more than committed to defending the military judge’s ruling, even if it means taking the case to the U.S. Supreme Court. We intend to fight as tenaciously as LtCol Chessani’s Marines fought in Iraq. Enough is enough—it’s time to end this Fiasco.”

In a detailed ruling, which took the military judge over an hour to deliver from the bench, the judge dismissed the charges on the basis of unlawful command influence, which he described as “the mortal enemy of military justice.” The government’s appeal will be heard initially by the Navy-Marine Corps Court of Criminal Appeals (NMCCA), which is located in Washington, D.C. A decision by that court could then be appealed to the Court of Appeals for the Armed Forces (CAAF) and then even to the U.S. Supreme Court.

The whole thing is pretty ridiculous, and goes to show the absolute lengths the government will go to in order to prosecute these Marines.

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VICTORY: All Charges Dismissed Against Lt Col Jeffrey Chessani

Col. Steven Folsom just made the list of my favorite people of all time.

ANN ARBOR, MI – Military Judge Colonel Steven Folsom, USMC, this morning dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds of unlawful command influence. He blistered the prosecution’s case in an opinion he read from the bench that lasted an hour. The ruling was without prejudice. Colonel Folsom gave prosecutors 72 hours in which to notify him whether they would appeal.

The ruling was greeted with tears of joy from Chessani’s wife and several spectators in the courtroom.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represents LtCol Chessani alongside his detailed military attorneys. The two Law Center attorneys assigned to his case are former Marine officers themselves. Robert Muise served in the First Persian Gulf war as an infantry officer, and Brian Rooney was a Judge Advocate officer who served two tours of duty in Iraq. Lt Colonel John Shelburne, USMC, and Captain Jeff King, USMC , the detailed military defense counsel, make up the rest of Chessani’s defense team.

Richard Thompson, President and Chief Counsel of the Law Center, commenting on the judge’s decision had this to say, “We are all grateful for the judge’s ruling today. He truly was the “last sentinel” to guard against unlawful command influence.”

“Tragically, our own government eliminated one of its most effective combat commanders. The insurgents are laughing in their caves,” said Thompson.

We finally have a chance to show the undue command influence in the Hutchins case as well. Thank you, Col. Folsom!

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Landmark Decision in Chessani Case Tuesday

ANN ARBOR, MI – Military Judge Colonel Steven Folsom, USMC, will issue his ruling on the crucial Unlawful Command Influence motion brought by LtCol Jeffrey Chessani’s defense counsel in a Camp Pendleton, California, courtroom on Tuesday, June 17, 2008, at 9:00am PST.

Col Folsom had originally scheduled hearings in Chessani’s case to last for three days, June 16–18.  However, in an announcement that might prove to be significant to the Chessani case, Col Folson indicated late last week that he will announce his decision on the defense motion to dismiss on June 17 in a hearing that should last approximately one hour.

In May 2008, Col Folsom ruled that he found evidence of unlawful command influence (UCI). Courts consider UCI the mortal enemy of military justice.  The judge’s finding was based upon the evidence that Generals Mattis and Helland, who controlled the disposition of LtCol Chessani’s case, were impermissibly influenced by Marine lawyer Col John Ewers, one of the initial investigators of the Haditha.  Col Ewers was permitted to attend at least and up to 25 closed-session meetings in which LtCol Chessani’s case was discussed.

Start praying, folks.  If these charges are dismissed, then the door is open for us to bring Sgt Larry Hutchins’ case up as the next undue command influence example.

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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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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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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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Faulty Wiring Still Killing U.S. Soldiers

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

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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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LCPL Jordan Haerter and CPL Jonathan Yale

Editor’s Note: This story was written by Lance Corporal Casey Jones, a combat correspondent stationed in Camp Ramadi, Iraq. Jones recently completed a story on two Marines that were killed while defending their post. The Marines have been nominated for a Silver Star, the third highest award in the military, for their heroic actions that day. (H/T to Pat and Misha)

RAMADI, IRAQ (April 29, 2008) – It was a typical quiet morning on April 22, with the temperature intensifying as a bright orange sun emerged high from the horizon.

Lance Cpl. Jordan Haerter, a rifleman with 1st Battalion, 9th Marine Regiment, Regimental Combat Team 1, and Cpl. Jonathan T. Yale, a rifleman with 2nd Battalion, 8th Marine Regiment, RCT-1, were standing post, just as they’ve done numerous times before. During a standard length watch in a small checkpoint protected by concrete barriers where they overlooked the small gravel road, lined with palm trees leading to their entry control point.

However, this morning would be different. Quickly it would turn, chaotic then tragic. Two Marines would gallantly sacrifice their lives so others could live.

A truck packed with thousands of pounds of explosives entered the area where Haerter and Yale were standing guard. Realizing the vehicles intentions Haerter and Yale without hesitation stood their ground, drew their weapons and fired at the vehicle. The truck rolled to a stop and exploded, killing the two Marines.

“I was on post the morning of the attack,” said Lance Cpl. Benjamin Tupaj, a rifleman with 3rd Platoon, Police Transition Team 3, Weapons Company, 1st Battalion, 9th Marines. “I heard the (squad automatic weapon) go off at a cyclic rate and then the detonation along with a flash. Then I heard a Marine start yelling ‘we got hit, we got hit.’ It was hectic.”

In the face of a committed enemy, Haerter and Yale stood their ground, in turn saving the lives of numerous Marines, sailors, Iraqi Policemen, and civilians. Both Marines displayed heroic, self-sacrificing actions and truly lived up to the Corps values of honor, courage, and commitment.

“They saved all of our lives, if it wasn’t for them that gate probably wouldn’t have held,” Tupaj said. “The explosion blew out all of the windows over 150 meters from where the blast hit. If that truck had made it into the compound, there would’ve been a lot more casualties. They saved everyone’s life here.”

According to official reports the heroic actions of Haerter and Yale’s saved the lives of the 33 Marines and 21 Iraqi Police as well as numerous civilians at the entry control point.

“They are heroes because thousands of pounds (of explosives) would’ve made its way through the gate and many more of us wouldn’t be here,” said Lance Cpl. Lawrence Tillery a rifleman with 3rd platoon. “I have a son back home, and I know if that truck would’ve made it to where it was going – I wouldn’t be here today. Because of Lance Cpl. Haerter and Cpl. Yale, I will be able to see my son again. They gave me that opportunity.”

A week after the attack, the Marines with 3rd platoon, remember their fallen brethren as good friends and Marines

“Cpl. Yale was a great guy, really friendly and kind of shy,” said Hospitalman Eric Schwartz a corpsman with the platoon.

“Haerter was an amazing guy, I knew everything about him. He was my best friend.” said Lance Cpl. Cody Israel, a rifleman with 3rd platoon, Haerter’s roommate for more than a year and half.

Haerter and Yale were both posthumously awarded the Purple Heart Medal, Combat Action Ribbon and have been nominated for an award for their valor.

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Three Iraqis to Testify About Haditha

Two and half years later, the government has finally seen fit to drag three Iraqis to the States to testify against Lt. Col. Jeffrey Chessani in the Haditha case. Perhaps it took them that long to find three in the area that weren’t insurgents. Maybe it took the government that long to get their stories to match.

Two doctors and a nurse from Haditha are giving depositions, said attorney Brian Rooney. He represents Lt. Col. Jeffrey Chessani, who is accused of not properly investigating the killings…Rooney said the two doctors are expected to testify about a Haditha town council meeting, during which Iraqis demanded that Chessani investigate the 24 deaths.

Perhaps most heartbreaking about the entire affair–and the Pendleton 8, and Iron Triangle, and Captain Roger Maynulet, and Lt. Ilario Pantano–is not even that we repay our most honorable warriors with accusations and ruined lives. Perhaps it is comments like these, written by a Marine in the comments and echoed a hundred times to me by troops all over the world in the last two years.

“wow, here we go again, making our troops look like cold blooded killers. why join the military to defend this country if you are going to prosecute us for shooting people that are shooting at us?”

These trials do not take place in a vacuum. The entire world sees that the United States has taken to eating its own. In an effort to appease those who have no right to demand it, we have instead shown ourselves as weak, ineffective, incompetent, and unwilling to stand behind the men we send into war. How dare we? More importantly, with evidence so blatantly proving these men innocent, why is everyone so afraid of speaking the truth?

Every day that these cases go on, and every day that the men behind the this mockery of justice are not exposed, is another measure of shame that we all bear as a nation. I challenge you to educate yourself. I challenge you to have the testicular fortitude to speak the truth.

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Remembering a Warrior: SSG Matthew Blaskowski

Blackfive has a series of posts today about SSG Matthew Blaskowski, who will be the newest addition to our American Heroes section (which admittedly needs to be enlarged and updated a LOT).  Make sure you read the whole thing…because at the end is a way for you to give back to this warrior one last time.

As the enemy maneuvered against Blaskowski’s men, the staff sergeant repositioned his machine gun teams to keep them from being overrun.  That’s when Specialist Tyler Wilson was hit three times.  Realizing that a wounded man becomes an even bigger target than the machine gun teams, SSG Blaskowski ran to get Wilson.  When he got to Wilson’s position, bullets were hitting all around him.

That’s when SSG Blaskowksi was shot.  Hit in the leg, Blaskowski evacuated Wilson to a safer position where his soldiers could treat them.  Even though wounded, Blaskowski continued to direct his paratroopers until more help could arrive.

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Military Judge to Hear Critical Motions in Haditha Case Tomorrow

Things are about to heat up in the remaining Haditha case. Attorneys for Lt. Col. Jeffrey Chessani will be in court at the nearly-infamous Camp Pendleton tomorrow to argue more motions–some of which the judge has brought on himself.

Robert Muise, an attorney with the Thomas More Law Center which is defending LtCol Chessani, will be arguing that the case should be dismissed on two separate grounds: first, that the existence of unlawful command influence prevents Chessani from receiving a fair trial, and second, that Chessani has been the victim of selective prosecution for improper reasons.

Both of these motions are obvious, easily proven, and no-brainers. However, as we’ve seen historically in these cases, that means nothing.  Let’s keep in mind that this particular judge has ruled that in order for Chessani to be found guilty, the prosecution does not need to prove that the Marines acted improperly…only that Chessani should have suspected that they did.

What?

We’ll be bringing you all the scoop, as usual.

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Judge in Fallujah Case Shows Bias Before Hearing Evidence

From the LA Times:

Lawyers defending a former Marine accused of killing Iraqi prisoners during the 2004 battle of Fallouja have lost a bid to get the voluntary manslaughter case thrown out of court.

Attorneys for Jose Luis Nazario asserted that the civilian criminal system lacks legal authority over acts committed in a war zone. But U.S. District Judge Stephen G. Larson ruled this week that the law “prevents discharge from the military from serving as a shield to prosecution for crimes committed while in military service.”

Larson set a July 8 trial date for Nazario, who was a Riverside police officer when he was charged in the Fallouja case. Two active-duty Marines, Sgt. Jermaine A. Nelson and Sgt. Ryan Weemer, are also charged. Those cases will be handled in the military legal system. [emphasis added]

So Larson is already calling it a crime, already treating Nazario as a criminal, even though his sole duty as the presiding authority is to conduct a fair and impartial proceeding.

Then again, have we come to expect anything fair and impartial from the military “justice” system?

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Army Soldier to Receive Medal of Honor

From Army Times:

On Dec. 4, 2006, [Spc Ross] McGinnis was manning the turret in the last Humvee of a six-vehicle patrol in Adhamiyah in northeast Baghdad when an insurgent threw a grenade from the roof of a nearby building.

“Grenade!” yelled McGinnis, who was manning the vehicle’s M2 .50-caliber machine gun.

McGinnis, facing backwards because he was in the rear vehicle, tried to deflect the grenade but it fell into the Humvee and lodged between the radios.

As he stood up to get ready to jump out of the vehicle, as he had been trained to do, McGinnis realized the other four soldiers in the Humvee did not know where the grenade had landed and did not have enough time to escape.

McGinnis, a native of Knox, Pa., threw his back against the radio mount, where the grenade was lodged, and smothered the explosive with his body.

The grenade exploded, hitting McGinnis on his sides and lower back, under his vest. He was killed instantly. The other four men survived.

From Blackfive, a message from one of the men saved that day by Ross’ selfless action:

SPC McGinnis was a great soldier and I am alive due to his sacrifice. I was the driver of the vehicle the day we lost Ross to a cowardly enemy. I thank God everyday for blessing me with the opportunity to serve with such a brave man. For those of you that think the award process is moving to slow just know that it is seen and evaluated by many people in our chain of command. I as well would like to see it ASAP. The award requires alot of diagrams, witness statements from all who were there, and those that approve and later send to congress need to see what happened in detail otherwise they would be giving awards based on word of mouth.

I agree with SSG Troy Smith, it is carefully looked over so that no fraudelant cases arise. I have no doubt in my mind that he will receive the nation’s highest honor for his heroism. God bless his family and parents for raising such a wonderful person, soldier, friend, and brother!
Rest in Peace Ross. Gone, but never forgotten!

I love you little brother. Thank you for my continued life here on earth and I look forward to seeing you in heaven.

These young, brave faces with their open smiles and warrior hearts. God bless them so much. May they come home soon–but in victory. Only in victory.

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Military Judge Narrows Issues in Chessani Court-Martial; Trial Moved to June 17th

In what is perhaps the most asinine travesty of justice I’ve seen in quite some time, the judge presiding over Lt. Col. Jeffrey Chessani’s court-martial in the Haditha case has, in the immortal slang of some of my friends, “stepped on his crank.”

Amid the flurry of arguments in the hearing on several motions earlier in the month, comments by military judge, Colonel Stephen Folsom, USMC, has shed some light on how he will conduct the trial of Lt. Colonel Jeffrey Chessani. According to the judge, it makes no difference whether the Marines in LtCol Chessani’s battalion did or did not kill civilians in cold blood – the issue for the jury will be whether LtCol Chessani should have reasonably suspected his Marines killed civilians in cold blood. [...]

Observed Thompson, “A military jury could find LtCol Chessani guilty even if it concluded that his Marines did not kill civilians in “cold blood,” no Law of War violation actually occurred, and his decision not to conduct a formal written investigation on the November 19, 2005 Haditha incident, was the right decision based on the actual facts – all prosecutors would have to show is that LtCol Chessani should have suspected a violation in order to find him criminally guilty.”

What kind of justice is this? None. This is a disgusting mockery of law, and because of it, a decorated, honorable officer who has served his country well for many years will suffer even more than he has already.