June 23, 2008

The Real Command Influence

Russ Vaughn
In dismissing the very dubious war crimes charges against Marine LTC Jeffrey Chessani, his trial judge, COL Steven Folsom, said this:

"Unlawful command influence is the mortal enemy of military justice,"

COL Folsom was referring to influence within the Marine Corps command structure, specifically involving two officers of general rank. We should all applaud the colonel's decision as it would make no sense whatsoever for the Marines to try an officer for failing to investigate crimes that to this point several military courts have failed to establish ever occurred. With one exception, all of the Haditha Marines now have been exonerated. The exception is SSGT Frank Wuterich and if the Marines insist on pursuing his prosecution, they will find themselves in the position of trying to prove homicidal behavior on the part of a non-commissioned officer whose troops apparently killed no one in an unlawful manner according to Marine courts. The only conclusion is that he acted alone, in the midst of battle, while commanding his troops, he somehow single-handedly slaughtered more than twenty innocent Iraqi civilians.


Sounds preposterous, right? Well, that's apparently what the Navy would have us believe. And make no mistake about it, it is the Navy that controls military prosecutions in the Marine Corps, and the Navy appears willing to pursue this prosecution even though SSGT Wuterich's subordinates and his two superiors who were charged have all been cleared by military courts. That leads us to speculate that either SSGT Wuterich killed those Iraqi civilians all by himself or Navy JAG is desperately in need of at least one face-saving conviction in this Haditha mess.

Or is there another reason? Perhaps command influence from a higher level? Most civilians are unaware of the tremendous pressure members of Congress are able to bring to bear on military commanders. If a particular senator or congressman doesn't happen to be on a committee or subcommittee with direct oversight over military budgets or affairs, you can bet one of his cronies does. This is particularly true with flag rank Navy officers and generals in the other services because their promotions into these lofty ranks require congressional approval.

By now you must have guessed where this is going. Consider...who is the most powerful person in this situation who stands to not only look like the grandstanding, blowhard fool that he is but could perhaps be threatened with defamation lawsuits by the young Marines whose lives he turned into hell by publicly proclaiming them "cold blooded killers." Ah yes, that would be the reigning Prince of Pork, John Murtha. Think about it, with a single conviction of any one of the Marines charged, Murtha can claim vindication and use that conviction as an effective defense against any defamation suits from any of the other defendants.

So the question begging to be asked is whether or not this congressman, who was videotaped by the FBI as indicating he is bribable, is pulling strings behind the Navy/Marine Corps command structure to pursue this phony war crimes prosecution to the bitter end. Murtha claims to be an ex-Marine to which I say, you may have worn the uniform, John, but you are sure as hell no Marine. As I have said before, the Marine Corps motto is Semper Fi, always faithful; John Murtha's motto is Semper I, always him.

Comments

If the congressional leadership had one ounce of integrity Murtha would be the subject of an ethics investigation right now. This sorry excuse for a man should be censured and thrown out of congress.

Wouldn't it be wonderful if we could legalize Tar and Feathering if only for a day?

Exactly right.
From a veteran of 2 of America's wars, husband, and father of 3, you're completely correct.
That former Marine isn't fit to claim the title anymore. From the halls of Montezuma to the shores of Tripoli.

Russ: Three questions: 1) was Murtha on the House floor when he made the 'cold-blooded killer' accusation; 2) if so, does he not have immunity there, and 3) where can we send money for Wuterich's defense costs?

Investigate the pig of pork.

I would go one further. Not only should they sue him for defamation. I would investigate him for sedition. His words were used by insurgents in Iraq for propaganda purposes against coalition forces. Hey John. You like apples? How you like them apples?

Someone should start a "Disgraced Marine", that is a " Not a Marine anymore" Database.

I would personaly volunteer as the hangman for Murtha and would revel in the
job.
and from JD Pendry's blog piece...


"It really added insult to injury for me with the
latest Supreme Court, or is it now the Politburo,
atrocity committed against the United States of America. When we capture bin Laden now, according to the decision, we will have to bring him here and give him the rights afforded any United States citizen under the Constitution. When a collection of people with lifetime appointments have suicidal ideations for our country, then the treatment that our Service men and women receive from politicians and the press should not be too shocking. It does not matter who is in the Whitehouse because the Supreme Politburo of the United States has usurped his or her constitutional authority as Commander in Chief. Every enemy prisoner of war taken on any battlefield now has rights under the Constitution of the United States."

Murtha, the SOB in a word should be "hung". The bastard not only gives aid and comfort to the enemy, he betrays, defames, dishonors our warrior Marines for his personal gain.

I salute Col Folsom for his courage in recognizing the Haditha prosecution of LTC Chessani as a gutless political stunt.

We have true "political" flag officers in the military these days...they will push their grandmother under the bus for a personal advantage. The idea that the government would do anything to "save face" even prosecute innocent Marines is not far fetched at all.

Leadership that goes to the extent this government has to eat their own while pussy footing around with the enemy is despicable.

The US Military has in the past been viewed as an honored profession but it appears it's infected with the "what's in it for me", power hungry attitude, and the troops be damned........

I hope everyone who is outraged by this is supporting LtCol William Russell who is trying to take Murtha's seat... Please support this fine veteran www.williamrussell.com

A thought:
To the Men and Women of the United States Marine Corps, there is no such thing as an Ex-Marine, save one who compltely disgraces himself and his country.

Murtha may be an Ex-Marine.

I can't think of anything that I could say that can be published for public consumption regarding Congressman Murtha. Anyone who would stoop so low to make these baseless accusations surely has some wild skeletons in his OWN closet!

John Murtha's contribution to the Marine Corps is forever imortalized in the words of a marine who served under Murtha in Vietnam, Winter Soldier Scott Camil, when he describes the activities of Murtha's Unit ... the burning of villages, cutting off of ears, cutting off of heads, calling in artillery on villages for games, women raped, (women mutilated with entrenching tools) ... napalm on villages, all sorts of testimony of crimes against the civilians. ..... The Murtha Legacy.

As someone who has worked for both the Staff Judge Advocate of the Marine Corps (the Marine JAG) and Col Folsom personally, I can tell you that influence paid no part in his decision. The author's assessment is an anachronistic throw-back to Soviet conspiracy theories, etc. The Military Justice system is extremely robust and follows the law as written (in this case USC Title 10) more strictly than any civilian court in this nation. Even if anyone wanted to influence the judge, the judge would be morally, ethically, and dutifully required to first ignore and second render the verdict or decision that he finds most appropriate. Military judges do not fall under the chain of command of any JAGs; they are, by design, independent and loosely affiliated with the branch of service of who's uniform they wear. That is the necessity of ensuring fair and unbiased hearings for the defendants.

Col Fosolm is exactly right, undue command influence IS the moral enemy of the system. And, everytime I ever saw it brought to bear in my career, it was throughly trounced by the presiding judge.

Next time the author wishes to comment on what may or may not be happening within the military justice system, try doing a little more research and asking a few of the individuals who are living the experience day in and day out. No one, not a single soul who works within that system, believes there is any more higher calling than serving the interests of justice.

Murtha is a disgrace.

I believe this is my first (direct) comment to one of Russ's columns. And one which was well worth the telling. As for my two cents...

Murtha for all his faults (and they are legion), was elected to his position (something he would do well to remember) and as such, along with his fellow members of both houses, need to realize they are not the check and balance against the military establishment, rather it is the executive branch. Yes, officers are appointed "by Congress" (as are, or used to be, Chief Petty Officers in the Navy). Or at least that was the way it used to be, I believe they have somewhat altered the oath of enlistment to "include" following orders given not only by the Commander and Chief but those members of the government who hold positions of applicable authority" (that, unfortunately, includes some congress critters).
We, as a nation are reaping what we have sown. Murtha should have at the very least been censured, and at most been investigated, and if applicable, placed on trial for his deeds. Perhaps this may still be done, depending on the ultimate outcome of the SSGT's legal proceedings. But figure the odds of the current group of spineless, morally corrupt, political opportunists we have in DC actually following through on this.

Please forgive the rambling, it is late, but wanted to get this off my chest before calling it a night.

Last night I happened to turn on CSPAN and to my delight, Tom Poe, R-TX (I think) was waxing eloquent on this very topic. Talking about how the media found these marines guilty before any trial ever was conducted. Talking about how now that most of had their charges dropped the media is silent. Talking about how NCIS has more investigators on this case than the country had after 9-11. It was pretty impressive. (IF he mentioned Murtha, I missed that part). I enjoyed it, and good for Poe. Talking about how the democrats are so concerned about the rights of the terrorists at GITMO, yet how they don't care about what happened to these marines.

Robert J,

Not a current or former legal shop worker, but doesn't the fact that Col Folsom felt the need to mention "unlawful command influence" a bit of a clue that he feels that it IS a problem in this circus?

I believe the treatment the Haditha Marines have received is disgraceful! Murtha HAS brought political pressure to bear on the decision to prosecute! As Mr Greer pointed out, the military JAG has been able to bear up to the pressure and render fair decisions, in spite of immoral influence to the contrary!
I'm still dumb-founded as to how the SCOTUS can give Constitutional Rights to those who publicly are opposed to the very rights our Constitution enumerates. (fredoms of speech, conscience & religion)
I think it's PAST time "We the People" again assert our authority upon our "public servants" in the Executive, Legislative and Judicial branches of our government!
Murtha, Pelosi, Reid, Kerry, Durbin, et al, have violated their Constitutional Oaths and deserve to be impeached for corruption and "aiding & abetting the enemy, in time of war". The SCOTUS decision must be immediately vacated, as being unconstitutional and the judges responsible immediately censured and removed! The judicial branch has over-stepped it's authority by creating new law, rather than determining the legality of existing law. (their mandate)
The Corps should also hold a special hearing to determine if John Murtha deserves to be considered a Marine! Semper Fidelis is NOT an empty phrase, it is the bedrock of the Corps!

Ty: Murtha said those things and worse while being interviewed on a tv talk show.

Robert J.

As another commenter has already said, COL Folsom's quote, by necessity, indicates the presence of command influence in this Haditha business, otherwise why would he inject the issue into the equation? Second, while I respect your service, Captain, Major, Colonel or whatever you are, for you to suggest that command influence is always defeated in American military legal proceedings seems a bit Pollyannish on your part. Maybe you've seen it trounced every time it was brought to bear in your courtrooms, but I'll wager there have been some inmates at Leavenworth who were there for no other reason than command influence.

Besides, Robert, my point is not the presence of political/command influence in the judges' chambers; I was in no way attacking COL Folsom or military judges but the military/political system at higher levels where Murtha and his cronies operate. You are asking us to swallow hole your contention that politics plays no role in command decision-making in our top-down, authoritarian, military system, including judicial proceedings. Sorry, Robert, politics plays a role in everything, in and out of the military, and that includes your supposedly, simon-pure field of practice, military justice.

I'm not buying it. Oh, and if I had access to a first-rate law library, I'll bet it wouldn't take me long to find some case law to substantiate my position.

Russ Vaughn

To Richard, and anyone else interested in helping the Haditha Marines, there are direct links to each individual Marine at defendourmarines.org
Even the ones who have been exonerated have been financially devastated by nearly two years of this witch hunt.

I think Robert J either misread or read something into Russ's post that simply wasn't there.
If he had followed his own advice and followed this case, he could not possibly miss so badly, especially if he has the experience wading through legalese he purports to.
Perhaps the late hour had something to do with it....

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