Murtha: Unaccountable

For now, that is.

It seems like a three-judge panel thought that Murtha's playing judge, jury & executioner without due process toward a group of Marines that fateful day in Haditha, when they were in fact only following ROE, was within the scope of Murtha's duties.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit dismissed Wuterich's suit Tuesday. It ruled that the powerful Pennsylvania Democrat was protected by a 1988 law that says federal employees cannot be sued for things they do and say in the course of their official duties.

But thankfully, Jihad Jack Murtha ain't getting out of it that easily:

PITTSBURGH (AP) — U.S. Rep. John Murtha shouldn't be immune from a defamation lawsuit for saying Marines killed Iraqi women and children "in cold blood," because the lawmaker's comments came outside the scope of his official duties, a former Marine's attorney said.

The attorney, Noah Geary, on Wednesday filed an amended federal defamation lawsuit on behalf of Justin Sharratt, 24, a former lance corporal from Canonsburg. The new complaint, which adds 13 paragraphs to a lawsuit originally filed in September, was prompted by the dismissal of a similar suit against Murtha by Staff Sgt. Frank Wuterich.

GOOD ON JUSTIN!!

The revised complaint makes it "abundantly clear that Murtha was, in fact, acting outside the scope of his employment when he slandered Justin Sharratt" and, therefore, can be held liable for his comments, Geary told The Associated Press.

The new complaint also accuses Murtha of making the comments for "purely personal reasons," namely, to curry favor with U.S. Rep. Nancy Pelosi, D-Calif., who would be selected Speaker of the House a few months later.

It should be abundantly clear to any thinking individual that Murtha, who took an oath to defend and uphold the Constitution, was indeed acting outside the bounds of his official duties when he threw the right to presumption of innocence out the window so that he could curry favor with the kook left (a/k/a Nancy Pelosi).

Apparently, the "three judges" must have been partying the night before the decision, because they sure weren't thinking clearly.

You know, it's just too bad that Murtha is too much of a self-serving, self-indulgent mouse to man up and admit he was wrong. When he turned in his Marine dress blues and donned a suitjacket, Murtha unfortunately also checked his honor at the door.

What a pitiful man he is.

Kudos to Justin Sharratt for going after rat-fink Murtha for all he's worth! Hooah!

Murtha: "See This? This is the Constitution!:

Murtha: As arrogant as ever!



Yes, Jihad Jack, Murtha--that is the Constitution in your grubby, slimy, greasy, blood-stained hands. That is the Constitution that you so cavalierly discarded when you played judge, jury and executioner to the Marines in Haditha, including Lt. Colonel Chessani, Sgt. Wuterich, and Lance Corporal Justin Sharratt, whose father is a contributor to this blog. That very Constitution that you held in your hand is the one you put in the chipper shredder as you threw these gallant Marines under the bus for your own sorry-assed political gain.

Then you have the chutzpah to pull it out of your pocket and tell reporters, PA-12 voters, and the American people that that same Constitution gives you the right to do as you please like you're some kind of friggin' emperor?

I can't wait til this PMA investigation comes through, Jihad Jack. I can't wait to see you in handcuffs and leg-irons as you're frog-marched into a federal courtroom. I can't wait for the day when you're introduced to your new roommate, Bubba at the Federal Penn. Hope you have plenty of vaseline handy.

Yep, Jihad Jack, that day can't come too soon in my book.

Murtha: Not a leg to stand on.

As has been chronicled on this blog time and time again, Congressman John Murtha threw his lot with the anti-war kook left as he threw Haditha Marine's Constitutional right to presumption of innocence out the window for reasons of cheap, political gain. Congressman Murtha mis-used the influence of his office in a manner, as John Kerry would say, reminiscent of Genghis Khahn as he ran roughshod over the Constitutional rights of those who so valiantly put their lives on the line to defend it.

Now that Murtha's chickenzzzz have come home to roost, Boss Murtha is claiming immunity, saying that he can't be sued because, according to him, he was actually doing his job when he was denying the Haditha Marines their right to due process and presumption of innocence.

Which led Judge Karen LeCraft Henderson to question:

“Who is his master?” Henderson asked. “Do you ever serve the interests of your constituents by making a derogatory comment to the media?”

Of course, the short answer to that is that Boss Murtha has never been about serving his constituents, but rather about weaving a web of quid pro quos designed for the sole purpose of keeping his big phat backside in PA-12's seat in Washington.

Make no mistake. Jack Murtha never does something without there being a whole lot of something there for-- Jack Murtha.

Jack Murtha is used to getting his way, by hook, or, by crook. But this time, Jack Murtha has spun himself a web from which there should be no escape. Christina Jeffrey, the historian for the 104th congress, asserts:

While Murtha wants us to believe talking to reporters is an activity covered by the Constitution's speech and debate clause, the Supreme Court doesn't agree.

In the 1979 decision Hutchinson v. Proxmire (443 U.S. 111), the court ruled against Sen. William Proxmire because this clause does not protect him when he is off the floor and transmitting information to the media in the form of a press release. Why should a verbal "press release" be any different?

The Herald-Journal makes the case, popular inside the Beltway, that members of Congress need immunity from lawsuits when conducting the people's business. (They also want to be free of lawsuits if they are in traffic accidents). Since they consider themselves to be conducting the people's business 24/7, we're creating a very privileged class - one that can run us over and defame us at will. However, if necessity were a legitimate defense, it's certainly undermined by changes in communication that have made it easy to amplify a million times every word a congressmen speaks on the floor of Congress. No, we don't need to relieve congressmen of the nicety of going down to the well to have their say. Constitutional forms remain important.

As Thomas Jefferson stated, "When governments fear the people, there is liberty. When the people fear the government, there is tyranny."

Jeffrey expands:

The clear language of the Constitution with respect to the responsibility of legislators to live under the law has been articulated since Montesquieu and is enshrined in the English common law on which the Constitution is based.

President Madison, writing in the Federalist, warns us that if ever our legislators are exempt from law, freedom will be lost. The 104th Congress actually passed a congressional rule that Congress would henceforth abide by the law. Murtha should be punished for failing to do so.

There can be no argument made against the fact that a grave, purposeful injustice was perpetrated against citizens by a duly elected Constitutional officer by the name of John Murtha.

Murtha, again, is not a king, but is rather elected to serve the people and at the pleasure of the people; and, even according to his own governing body's rules, must not only be held accountable for acting in the best interests of those he serves, but to live under the same laws, as well.

The Wheels of Justice are Turning...

On the road toward justice for the Haditha Marines:

A Marine who is suing Rep. John Murtha for defamation wants a federal appeals court to order the powerful Pennsylvania Democrat to testify under oath about comments he made related to the deaths of unarmed Iraqi civilians in the town of Haditha in 2005.

An attorney for Staff Sgt. Frank Wuterich on Tuesday asked the U.S. Court of Appeals for the District of Columbia to compel Murtha to give a deposition in the case. Attorney Mark Zaid said he needs information about how often and in what context Murtha claimed that Marines in Iraq engaged in “cold-blooded murder and war crimes” in killing the Iraqi civilians.

A government lawyer representing Murtha argued that the congressman does not have to agree to testify under oath and is immune from the lawsuit because he was acting in an official capacity as a member of Congress when he made the comments to the media.
Last year a federal judge ordered Murtha, a decorated former Marine and Vietnam veteran and close ally of Speaker Nancy Pelosi (D-Calif.), to testify in the case. His lawyers are appealing that decision.

Does 'congressional immunity' allow the right for an elected Constitutional officer of the United States, sworn to uphold and defend the Constitution, to in effect deny those very rights to due process and presumption of innocence to the constituents that they serve?

Perhaps a judge involved in the case stated it best:

Judge Karen LeCraft Henderson questioned whether Murtha’s comments were made within the scope of his employment, and if his constituents are considered his employer, what kind of service he was providing them by making the Haditha comments.

“Who is his master?” Henderson asked. “Do you ever serve the interests of your constituents by making a derogatory comment to the media?”

Amen, Judge Henderson.

To hold Murtha unaccountable for what can only be construed as outright slander and lies that wrought immeasurable damage against the Haditha Marines (not to mention toward the security of all our soldiers in harm's way), would be a travesty of justice of monumental proportions.

Much to his amazement, Murtha is a public servant, not a king.

Johnstown-Democrat..still in bed with Murtha...

With regard to the pending lawsuit by PA-12 constituent Justin Sharratt against Jihad Jack Murtha, the editors at the Johnstown-Democrat no doubt had a huge lump in their throat and a scowl on their face when they begrudgingly penned the following:

We certainly hope justice is done in this case.

That would mean that if Murtha truly damaged someone’s reputation with false accusations, that he face the music in court.

The rules should be no different for public officials than for the rest of us.

But the editors, still in love with their self-absorbed, repugnant, corrupt congressman from PA-12, couldn't help but add the following salt to the wounds of those already unjustly besmirched by Murtha:

We would also hope that the courts – military and civilian – are making every effort to be certain that those who are cleared of wrongdoing deserve that treatment. War means dangerous circumstances, but even in such a setting, crimes against civilians should not be tolerated.

There was no "crime" against civilians perpetrated by U.S. Marines. Period. If there was a crime against civilians, it was perpetrated by the terrorists, who, against the Geneva Convention and the rules of war, chose to utilize civilians as human shields in time of war and during a firefight. And the sycophant editors at the Tribune-Democrat go on to offer yet another "caveat" with regard to their faux consternation of Jihad Jack:

We also understand that there is a political side to this situation – although Geary said: “There’s no political motivation whatsoever. This is purely a legal endeavor.”

Republican challenger William Russell has made Murtha’s Haditha comments his rallying cry in attempting to unseat the longtime incumbent."

Damn right there's politics involved! It takes politics to unseat a dirty politician with a scandalous record a mile long, and it's high time that a man of honor in the name of William Russell has stepped up to the challenge. The editors go on to say,

While the courts ultimately will decide Murtha’s fate concerning the lawsuit, voters will have their say in a month.

You're damned right about that. And the fawning editors at the Johnstown Democrat will more than likely be crying in their coffee once their corrupt golden calf is sent to retirement on November 4th.

***UPDATE****

Welcome Fellow Freepers! Please click here for the latest posts, including exclusive pieces by Darryl Sharratt.

OUR JOURNEY---Not Quite Ended

When our son, L/Cpl Justin Sharratt, was exonerated of murder charges involving a firefight in Haditha,Iraq our family was finally able to sleep. We set out to piece together our lives and make some sense as to what happened to us. Bringing Justin home seemed to be the medication our family needed. With Gods help and the support of thousands we made it through this dark period in our lives. Our family can now enjoy today, look ahead to tomorrow and plan for the future.

The golf matches between father and son. An occasional fishing trip to Ten Mile Creek and the secret fishing holes. Air-soft contests in which the former Marine out flanks his dad and always wins hands down. Our family has tried to return to normal, but Haditha still haunts us. No matter how hard we try, no matter how much we want to forgive, there are questions we need answered.

We are not seeking revenge, we are not seeking retribution, we are asking for justice. We wanted to put Haditha behind us……..we just wanted to forget and finally end the journey. In a family meeting over a month ago, we, as a family decided the answers needed to be found. It was not an easy decision. Justin still loves the United States Marine Corps. He is proud to have served this country. A Marine for life……

Yesterday, 25 September 2008, through our attorney Noah Geary, Justin has filed a civil lawsuit in Federal Court naming John Murtha as defendant. Our family believes John Murtha has the answers to the majority of our questions. In a recent article on the Defend Our Marines website Retired LtCol Colby Vokey revealed his suspicions that a former NCIS agent on Murtha’s staff leaked classified information on Haditha to the media.

How much did Murtha really know when he appeared on national television on 17 May 2006 when he called our son a “cold blooded murder?” Did his political ambitions influence his statements to the media about the events of Haditha? Did Murtha’s position as Chairman of the Sub-committee on Military Appropriations allow him to influence charging Our Haditha Marines? Did Murtha and SecNav Donald Winter participate in an Undue Command Influence scenario in regards to Haditha? And finally, can John Murtha be allowed to call United States Marines “cold blooded murderers”and not be held accountable for his slander and trashing the Constitutional rights of our son?

We are hoping a court of law will allow us to ask John Murtha these questions. Whatever the outcome of this lawsuit, our family has decided our journey cannot end until we try. I don’t know if these questions would even be allowed, but maybe, just maybe some of our questions will finally be answered.

God Bless Our Haditha Marines

Darryl, Theresa, Jaclyn, former L/Cpl Justin Sharratt

Jihad Jack Murtha: Getting just desserts!

Veteran Marine Lance Corporal Justin Sharratt, whose father Darryl is an occasional contributor to this blog, is rightfully suing Jack Murtha for the slanderous remarks made in 2006 naming the Haditha Marines "cold blooded" killers; all without reading reports, or without even receiving an official briefing. Sharratt joins Frank Wuterich in suing the pants off the corrupt, opportunistic gasbag.

Murtha has yet to apologize for his slanderous remarks, even though seven of the eight have been acquitted of any charges, and the eighth Marine is now likely being tried just to save the JAGs and Murtha's sorry faces. Numerous calls to his office continue to go unanswered. Murtha continues to redeploy his sorry phat backside to avoid being called to task.

No more. It is time that Murtha answer for his slanderous and traitorous remarks, all for the purposes of his cheap personal political gain.

Congressman Murtha, in the parlance of the Rev. Wright, the chickenzzzzzz have come home to rooost!