Murtha Being Sued for defimation

[Gunslinger]

An interesting legal case.  Congressman goes on a rant on TV and now he might have to pay for his words.

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.

 (Image removed from quote.)

Marine Staff Sgt. Frank D. Wuterich has maintained his innocence. (Family Photo - Family Photo)

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

[Sandman]

I wonder about the political leanings of Neal A. Puckett and Mark S. Zaid. I smell an agenda.

[Mickey1992]

Originally posted by Gunslinger
....and now he might have to pay for his words.

.......if his words were untrue.

http://news.yahoo.com/s/ap/20060802/ap_on_go_ca_st_pe/haditha_investigation

WASHINGTON (AP) - Evidence collected on the deaths of 24 Iraqis in Haditha supports accusations that U.S. Marines deliberately shot the civilians, including unarmed women and children, a Pentagon official said Wednesday.

[john9001]

I wonder about the political leanings of murtha. I smell an agenda.


__________________

[Gunslinger]

Originally posted by Mickey1992
.......if his words were untrue.

http://news.yahoo.com/s/ap/20060802/ap_on_go_ca_st_pe/haditha_investigation

WASHINGTON (AP) - Evidence collected on the deaths of 24 Iraqis in Haditha supports accusations that U.S. Marines deliberately shot the civilians, including unarmed women and children, a Pentagon official said Wednesday.

Did you actually read the article or did you just skip right past a trial and convict them yourself?

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."

[Sandman]

Originally posted by john9001
I wonder about the political leanings of murtha. I smell an agenda.

He's a politician. If he doesn't have an agenda, he's in the wrong line of work.

[Mickey1992]

Originally posted by Gunslinger
Did you actually read the article or did you just skip right past a trial and convict them yourself?

Don't get me wrong, I don't care for Murtha.  I am just saying that it is not defamation if the statement were true, and today's article from a source in the Pentagon is leaning that way.  I am looking forward to the findings of the investigation to find out what really happened.

[Edbert1]

See Rule #7

[Nash]

And just out:

WASHINGTON (Aug. 1) - Evidence collected on the deaths of 24 Iraqis in Haditha supports accusations that U.S. Marines deliberately shot the civilians, including unarmed women and children, a Pentagon official said Wednesday.

The Marines initially reported after the Nov. 19, 2005 killings at Haditha that 15 Iraqi civilians had been killed by a makeshift roadside bomb and in crossfire between Marines and insurgent attackers. Based on accounts from survivors and human rights groups, Time magazine first reported in March that the killings were deliberate acts by the Marines.

I'm guessing that it turns out that this lawsuit is being funded by the swiftboaters. They'll be going after Murtha hard in the next couple of months.

[Gunslinger]

Originally posted by Nash
And just out:





I'm guessing that it turns out that this lawsuit is being funded by the swiftboaters. They'll be going after Murtha hard in the next couple of months.

And Murtha secretly supports Code Pink through a PAC started by george sorros funneled through Moveon.org.

[Yeager]

murtha aint too bright.  Hope he gets nailed for being a sissy marine.

[Gunslinger]

Originally posted by Sandman
I wonder about the political leanings of Neal A. Puckett and Mark S. Zaid. I smell an agenda.

The law offices of Neal A. Puckett

This one smells fishy though

Mark S. Zaid is the Managing Partner in the Washington, D.C. law firm of Krieger & Zaid, PLLC and specializes in litigation and lobbying on matters relating to international transactions, torts and crimes, national security, foreign sovereign and diplomatic immunity, defamation (plaintiff) and the Freedom of Information/Privacy Acts (FOI/PA).


Through his practice Mr. Zaid often represents former/current federal employees, intelligence officers, Whistleblowers and others who have grievances or have been wronged by agencies of the United States Government or foreign governments, as well as members of the media. He has participated in cases against or involving the Central Intelligence Agency, the Federal Bureau of Investigation, the National Security Agency, the Defense Intelligence Agency, the Departments of Defense, Health & Human Services, Justice and State, the Marshal's Service, Secret Service, Library of Congress, Taiwan, Mexico, Macedonia, the Government of Libya, and the Republic of Georgia.

Mr. Zaid is also the Executive Director of the James Madison Project, a Washington, D.C.-based non-profit, with the primary purpose of educating the public on issues relating to intelligence gathering and operations, secrecy policies, national security and government wrongdoing.

Mr. Zaid is a former Board member of the Public International Law & Policy Group, a non-profit organization which provides legal advice to newly independent states and states in transition, the International Law Student's Association, which oversees the Jessup International Moot Court Competition, Titanic International, Inc., a world-wide association that focuses on historic ocean liners, and the Arlington Sister City Association, which establishes relationships with foreign cities.

In connection with his legal practice on international and national security matters, Mr. Zaid has testified before, or provided testimony to, a variety of governmental bodies including subcommittees of the Senate Judiciary Committee, the Senate Governmental Affairs Committee, the House Judiciary Committee, the House Government Operations Committee, the Department of Energy and the Assassination Records Review Board, an independent federal agency.

A 1992 graduate of Albany Law School of Union University in New York, where he served as an Associate Editor of the Albany Law Review, he completed his undergraduate education (cum laude) in 1989 at the University of Rochester, New York with honors in Political Science and high honors in History. Mr. Zaid is a member of the Bars of New York State, Connecticut, the District of Columbia, and several federal courts.
http://www.jamesmadisonproject.org/markzaid.html

[BGBMAW]

haha

murtha should be brought up on treason also ...along with alot of others ...they are trying to be judge and jury..

what a bunch of morons

[Red Tail 444]

Originally posted by Yeager
murtha aint too bright.  Hope he gets nailed for being a sissy marine.

I would like to think that the decent men and women of the USMC would consider not harboring those who allegedly commit murder under the auspices of the Corps.

it's akin to protecting the Mafia cops in New Jersey, or the scumbag soldier who allegedly raped the teenager then allegedly murdered her family. You think those scum deserve to wear the uniform, and be awarded the same right, priviliges, and benefits to the people who actually bring honor to the USMC?

Or is by calling out the bad apples, a sissy thing to do?

[Yeager]

Semper Fidelis - Always Faithful

Protecting the honor and integrity of the Corps is the right thing to do.  

Murtha did exactly the opposite for purely political purposes.  He took what appeared to be the failure of some individuals under stress of war and used the isolated incidents against the entire Unisted States Marine Corps as leverage to use against his political opponents.  Eternal Shame on Murtha.....

Semper Fidelis - Always Faithful, Murtha is not.