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Tuesday, August 01, 2006

Murtha Getting Sued

By one of the Marines he accused of being murderers in the wake of the Haditha controversy before the investigation into the matter was completed.

This is the same Marine who had previously said, through his attorney, that Murtha would be called as a witness in his trial if the case made it that far.

Washington Post - 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.


If the outcome in the Haditha mess is anything less than a full conviction for Wuterich and his fellow soldiers I'd say that his lawsuit against Murtha has a good chance of succeeding. It's pretty clear that Murtha made some factual statements about Wuterich and his fellow soldiers that have not yet been proven to be true, and certainly those statements (coming from the mouth of a U.S. Congressman, with all the requisite media coverage that comes with that) were damaging to Wuterich's reputation.

Unless Wuterich is convicted, he's got a case against Murtha.

Comments

Avatar for Bat One

There is little doubt that Murtha, who used to be a Marine, sort of, will claim to be exempt from this sort of action by virtue of his position as a Congressman.  The WaPo article addresses that possibility.

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…

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.

Incidentally, if anyone happens to note any sort of fund to help Sgt. Wuterich with his legal expenses, perhaps at one of the MilBlog sites, please advise.

Bat One on August 2, 2006 at 04:41 am
Avatar for The Whistler

I am shocked to hear that the Elsupremo Court has ruled in the most expansive manner to allow elite members of Congress to defame the peasants.

The Whistler on August 2, 2006 at 04:48 am

Murtha is a murderer. What do I have to back this statement up? Nothing. But it works for him, so why not smear him with that kind of charge?

likwidshoe on August 3, 2006 at 02:48 am
Avatar for mamaswift

Michale Savage of talk radio “ Savage Nation” and author of a number of books is helping to raise money for the defense of all of the marines that are currently being held.  You can visit his web-site at

http://www.homestead.com/prosites-prs/

I hope anyone who believes in fairness will help these soldiers defend themselves.

mamaswift on August 3, 2006 at 12:55 pm
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