Loss for Government As Board of Inquiry Rules LtCol Chessani Not Guilty of Misconduct
December 14,
2009
ANN ARBOR,
MI – Late last Friday afternoon (Eastern Standard Time),
after three hours of deliberation,
the military Board of Inquiry ruled LtCol Chessani was not guilty of misconduct and should not be demoted.
Nevertheless, the Board’s ruling produced a mixed result. It ruled
Chessani must now retire because he displayed “substandard performance”
by failing to conduct a more detailed investigation of the civilians
killed as a result of the house clearing actions of four Marines after
they were ambushed in Haditha, Iraq on November 19, 2005.
The Board’s decision came after a 1½ hour impassioned closing argument
on behalf of LtCol Chessani made by Thomas More Law Center attorney
Robert Muise. Muise argued Chessani was a scapegoat to appease the
anti-war media and anti-war politician John Murtha. “Here’s your
scapegoat. Here’s your fall guy,
” said Muise as he pointed at Chessani, who sat silently at the defense
table.
Richard Thompson, President and Chief Counsel of the Thomas More Law
Center, commented, “It’s indicative of the weakness of the government’s
case that it could not prove misconduct at the Board hearing where the
normal rules of evidence didn’t apply and the burden of proof was
lessened. We are all greatly relieved that the Board ruled LtCol
Chessani was not guilty of misconduct and should not be demoted,
However, I believe the overwhelming evidence supported a total and
complete exoneration of LtCol Chessani.”
Not one of LtCol Chessni’s superiors ─ including top generals ─ who
received his report of dead civilians considered such deaths unusual.
Not one ordered a further investigation. Instead, they commended him
for a job well done. In fact, LtCol Chessani’s immediate superior told
him that no investigation was needed because it was a bona fide combat
action - consistent with the orders in effect at the time: no
investigation of civilian deaths related to combat action. That order
was changed in April, 2006, well after the Haditha incident.
LtCol Chessani’s commanding general, Major General Huck, reported up
the chain of command, “I support our account and do not see the
necessity for further investigation.” This same commanding General was
allowed to retire without going to a Board of Inquiry, and he was
allowed to retire as a Major General.
Consequently,
not one of LtCol Chessani’s superiors faced,
nor will they ever face,
a court-martial or a Board of Inquiry for their actions in relation to November 19,
2005.
Of the eight Marines initially charged in the incident,
six Marines,
including Chessani,
had criminal charges dismissed and one was acquitted. Only one Marine still faces criminal charges.
The Thomas More Law Center defends and promotes America’s Christian
heritage and moral values, including the religious freedom of
Christians, time-honored family values, and the sanctity of human
life. It supports a strong national defense and an independent and
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reach the Thomas More Law Center at (734) 827-2001 or visit our website
at www.thomasmore.org.
Link to Board of Inquiry Order
http://www.thomasmore.org/downloads/sb_thomasmore/ChessaniBOIAugust2009.pdf
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