Text 21552, 102 rader
Skriven 2006-08-02 06:02:00 av Jeff Binkley (1:226/600)
Ärende: Marine
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A good Marine will fight all enemies...

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http://www.washingtonpost.com/wp-
dyn/content/article/2006/08/01/AR2006080101345.html

Marine Names Murtha in Defamation Suit
Congressman Discussed Killings Involving Serviceman's Squad in Haditha, 
Iraq

By Josh White
Washington Post Staff Writer
Wednesday, August 2, 2006; Page A05

A Marine Corps staff sergeant who led the squad accused of killing two 
dozen civilians in Haditha, Iraq, will file a lawsuit today in federal 
court in Washington claiming that Rep. John P. Murtha (D-Pa.) defamed 
him when the congressman made public comments about the incident earlier 
this year.

Attorneys for Frank D. Wuterich, 26, argue in court papers that Murtha 
tarnished the Marine's reputation by telling news organizations in May 
that the Marine unit cracked after a roadside bomb killed one of its 
members and that the troops "killed innocent civilians in cold blood." 
Murtha also said repeatedly that the incident was covered up.

Murtha argued that the questionable deaths of 24 civilians were 
indicative of the difficulties and overpowering stress that U.S. troops 
are facing. The congressman, a former Marine, has been a leading 
advocate for withdrawing U.S. forces from Iraq.

In the court filing, obtained by The Washington Post, the lawyers say 
that Murtha made the comments after being briefed by Defense Department 
officials who "deliberately provided him with inaccurate and false 
information." Neal A. Puckett and Mark S. Zaid, suing for libel and 
invasion of privacy, also wrote that Murtha made the comments outside of 
his official scope as a congressman.

Telephone calls yesterday to Murtha's office in Washington were referred 
to his district office in Pennsylvania, and calls there were not 
returned. A Marine Corps spokesman declined to comment yesterday on the 
Haditha investigation or the lawsuit.

The suit could have interesting legal ramifications because Wuterich and 
the other members of his squad have not been charged and have not 
received any official investigative documentation about the Nov. 19 
incident. A Naval Criminal Investigative Service investigation is 
expected to determine possible charges this summer, said officials 
familiar with the case.

Zaid said the filing is designed partly to force Murtha to disclose what 
information he received from the Defense Department and the Marine Corps 
commandant to form his opinion, essentially trying to speed up the 
discovery process in a potential criminal trial.

"This case is not about money; it's about clearing Frank Wuterich's 
name, and part of that is to identify where these leaks are coming 
from," Zaid said in an interview. "Congressman Murtha has created this 
atmosphere that has already concluded guilt. He's created this 
environment that really smells, and he's the only one who has done 
that."

The move by Wuterich is rare, as statements made by members of Congress 
generally are protected under the "speech or debate" clause in Article 
I, Section 6, of the Constitution. But legal experts said the clause 
grants immunity only for what lawmakers say in legislative proceedings 
and does not apply to news releases, speeches and other public comments.

Rodney A. Smolla, dean of the University of Richmond Law School and a 
libel expert, said yesterday that Wuterich would have the burden of 
proving that he is innocent and that Murtha's statements were false, but 
he added that the quotations appear to be actionable in court. He said 
the suit shows that Wuterich probably thinks he did nothing wrong.

"Part of the subtext of this is it's a showing of confidence and a 
preemptive strike of sorts," Smolla said. "The congressman's statement 
does not sound as if it is merely hyperbole or opinion or name-calling. 
Instead, it conveys the idea that the Marines violated professional 
standards and perhaps the law."

Wuterich, through his attorneys, has maintained his innocence and has 
said that the Marines killed two dozen people that day because they were 
engaged in a firefight with suspected insurgents. He told his lawyers 
that he and other Marines used grenades and rifles to clear two houses 
they thought were hostile. Another Marine's detailed account of the 
incident, obtained by The Post, corroborates Wuterich's version.

Donald Ritchie, associate historian in the Senate Historical Office, 
said that such defamation suits happen from time to time but that they 
tend not to go anywhere because of the constitutional protections 
members have. He said the most famous case was in 1979, when the Supreme 
Court ruled that Sen. William Proxmire (D-Wis.) was not protected when 
he made defamatory statements to constituents in a newsletter.

"The Supreme Court has suggested that speech and debate has limits to 
it, and that makes people vulnerable in certain areas," Ritchie said.

Researcher Julie Tate contributed to this report.

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