Major Setback for Prosecutors in Chessani Court Martial; Military Judge Finds Evidence of Unlawful Command Influence
Press release from the Thomas More Law Center, May 21, 2008 (in part):
ANN ARBOR, MI – Prosecutors yesterday hit a major speed bump in their rush to convict Marine LtCol Jeffrey Chessani when the Military Judge ruled that he found evidence of unlawful command influence. Courts consider unlawful command influence the “mortal enemy of military justice.”
Although the case is far from over, yesterday’s ruling now forces prosecutors to prove beyond a reasonable doubt that: (1) the facts upon which the unlawful command influence is based are untrue; (2) those facts do not constitute unlawful command influence; or (3) the unlawful command influence will not affect the proceedings.
The Unlawful Command Influence motion (click here for Motion) was brought before Military Judge, Colonel Steven Folsom, by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan. Law Center attorneys Robert Muise and Brian Rooney, both former Marines, wrote and argued the Unlawful Command Influence motion on which yesterday’s decision is based.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “Considering the politically charged nature of this case — and particularly this motion — Colonel Folsom made a courageous decision.”
Thompson went on to say, “The taint of unlawful command influence started from the inception of the investigation, when high-ranking Pentagon officials decided to make LtCol Chessani a political scapegoat to appease a liberal anti-war press and politicians. This ill-conceived prosecution has resulted in the removal of one of America’s most effective combat commanders in Iraq by the Marine Corps’ own standards. Although nothing can undo the harm caused to our Nation and to LtCol Chessani and his family, this ruling gives us hope that the military justice system will rise above the politics that fomented this prosecution and allow LtCol Chessani, who devoted more than 20 years to the Marine Corps and to the defense of our Nation, to get on with his life.”
Read the rest at the War Chronicle.