No Dismissal in case against Congressman John Murtha
The suit filed by Staff Sgt. Frank Wuterich against Congressman John Murtha was advanced yesterday by US District Court Judge Rosemary Collyer.
WASHINGTON - A federal judge refused Friday to dismiss a defamation case against Rep. John P. Murtha and ordered the Pennsylvania Democrat to give a sworn deposition about his comments alleging “cold-blooded murder and war crimes” by unnamed soldiers in connection with Iraqi civilian deaths.
A Marine Corps sergeant is suing the 18-term congressman for making the charge, which the soldier claims is false. Murtha, who opposes the Iraq war, made the comment during a May, 2006 Capitol Hill news conference in which he predicted that a Pentagon war crimes investigation will show Marines killed dozens of innocent Iraqi civilians in Haditha in 2005.
The Congressman took it upon himself prior to any investigation in the Haditha case and before any charges were leveled against even one Marine to speak out as to their guilt.
Now the Justice Department argues he was acting in his official capacity when he made these accusations, therefore the suit should be dropped?
The Justice Department wanted the case dismissed because Murtha was acting in his official role as a lawmaker. Assistant U.S. Attorney John F. Henault said the comments were made as part of the debate over the war in Iraq.
Who was he representing in this official capacity? Was he speaking on behalf of the citizens of the United States, or perhaps the whole of Congress?
I prefer the Judge’s logic:
“You’re writing a very wide road for members of Congress to go to their home districts and say anything they choose about private persons and be able to do so without any liability. Are you sure you want to do that?” Collyer said, adding later, “How far can a congressman go and still be protected?”
Collyer said she was troubled by the idea the lawmakers are immune from lawsuits regardless of what they say to advance their political careers.
Congressman Murtha took it upon himself to be judge and jury, however, now that the Haditha case has begun to unravel, his office has no comment and he declined to answer questions posed recently by Jason Mattera of the Young America’s Foundation. The Congressman seems to be under the impression that if one Marine is found guilty his early accusations will have be corroborated.
Congressman, instead of continuing to use this case for political gain, why don’t you take a moment to apologize to the Marines who have been exonerated? And while you are at it, say you’re sorry to the families whom you caused great pain with your accusations.
Or you can just hide in your office and hope that one Marine, any Marine is accused of any crime in the Haditha case so you can inform us you were right after all.
Written by Sue
