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Marine In Haditha Slayings Sues Murtha
By JOSH WHITE The Washington Post
WASHINGTON - 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 here claiming that Rep. John Murtha, D-Pa., defamed him when the congressman made public comments about the incident earlier this year.
Attorneys for Frank 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 Puckett and Mark 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 Tuesday 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 Tuesday 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 received no 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. "Congressman Murtha has created this atmosphere that has already concluded guilt."
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.
By JOSH WHITE The Washington Post
WASHINGTON - 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 here claiming that Rep. John Murtha, D-Pa., defamed him when the congressman made public comments about the incident earlier this year.
Attorneys for Frank 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 Puckett and Mark 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 Tuesday 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 Tuesday 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 received no 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. "Congressman Murtha has created this atmosphere that has already concluded guilt."
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.
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