ANN ARBOR, MI – Late last Friday afternoon (Eastern Standard Time), after three hours of deliberation, the military Board of Inquiry ruled LtCol Chessani was not guilty of misconduct and should not be demoted. 

Nevertheless, the Board’s ruling produced a mixed result.  It ruled Chessani must now retire because he displayed “substandard performance” by failing to conduct a more detailed investigation of the civilians killed as a result of the house clearing actions of four Marines after they were ambushed in Haditha, Iraq on November 19, 2005.

The Board’s decision came after a 1½ hour impassioned closing argument on behalf of LtCol Chessani made by Thomas More Law Center attorney Robert Muise.  Muise argued Chessani was a scapegoat to appease the anti-war media and anti-war politician John Murtha.  “Here’s your scapegoat.  Here’s your fall guy,” said Muise as he pointed at Chessani, who sat silently at the defense table. 

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “It’s indicative of the weakness of the government’s case that it could not prove misconduct at the Board hearing where the normal rules of evidence didn’t apply and the burden of proof was lessened.  We are all greatly relieved that the Board ruled LtCol Chessani was not guilty of misconduct and should not be demoted, However, I believe the overwhelming evidence supported a total and complete exoneration of LtCol Chessani.”

Not one of LtCol Chessni’s superiors ─ including top generals ─ who received his report of dead civilians considered such deaths unusual.  Not one ordered a further investigation.  Instead, they commended him for a job well done.  In fact, LtCol Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action - consistent with the orders in effect at the time: no investigation of civilian deaths related to combat action.  That order was changed in April, 2006, well after the Haditha incident.

LtCol Chessani’s commanding general, Major General Huck, reported up the chain of command, “I support our account and do not see the necessity for further investigation.”  This same commanding General was allowed to retire without going to a Board of Inquiry, and he was allowed to retire as a Major General.

Consequently, not one of LtCol Chessani’s superiors faced, nor will they ever face, a court-martial or a Board of Inquiry for their actions in relation to November 19, 2005. 

Of the eight Marines initially charged in the incident, six Marines, including Chessani, had criminal charges dismissed and one was acquitted.  Only one Marine still faces criminal charges.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Link to Board of Inquiry Order
http://www.thomasmore.org/downloads/sb_thomasmore/ChessaniBOIAugust2009.pdf

ANN ARBOR, MI – This morning, at approximately 9:00am Pacific Standard Time, Thomas More Law Center attorney Robert Muise will make closing arguments to the Board of Inquiry on behalf of Marine LtCol Jeffrey Chessani.  This is the final opportunity for Muise, a former Marine Infantry officer himself, to thwart the efforts of the government to destroy the 22-year career of Marine LtCol Jeffrey Chessani, one of America’s most effective combat commanders in Iraq.

It is expected the Board will render its decision today, as well.

One of the challenges Muise faces is to overcome the failed defense attempt to disqualify the Board President, Brigadier General Lewis Craparotta.  During pre-Hearing questioning, BGen Craparotta indicated that “investigating every (civilian) death is the right approach because that’s the way to protect Marines.” Defense attorney, LtCol Shelburne, challenged the fact he was selected to sit on the Board of Inquiry with that pre-existing opinion of what to do in a similar situation faced by LtCol Chessani. 

The prosecution of LtCol Chessani is one of the most controversial and politically tainted prosecutions in recent American military history.  According to Richard Thompson, President and Chief Counsel of the Thomas More Law Center, “This case turned into a government vendetta against a patriotic Marine combat officer who loyally served his country and the Corps for over 22 years.”

After Muise’s closing argument, the Board will retire to determine whether LtCol Chessani was guilty of any misconduct for his alleged failure to properly investigate and report on the November 19, 2005 Haditha incident where several Iraqi civilians died as a result of house clearing actions taken by four ambushed Marines in Chessani’s battalion.

From the beginning of the case, it has been the Law Center’s position that LtCol Chessani was made a political scapegoat to appease powerful anti-war Congressman, John Murtha, who claimed even before the investigation was completed, that Marines were guilty of “cold-blooded” murder and Marine officers were guilty of a “cover-up”. 

Ironically, Chessani’s battlefield conclusions have been borne out by the results of criminal prosecutions pursued by the government.  The government conducted a multi-million dollar investigation, considered the largest in the history of the NCIS.  It created a special team of government lawyers tasked with the prosecutions, of the eight Marines initially charged in the incident.  Yet of the eight marines charged, seven including Chessani, have had their charges dismissed.  Only one Marine still faces criminal charges.

LtCol Chessani’s case was originally dismissed by a military judge on the grounds of unlawful command influence.  The government appealed that ruling to a 3-judge panel of the Navy-Marine Court of Criminal Appeals sitting in Washington DC.  The appeals court sustained the lower court ruling. 

Rather than end its persecution of Lt Col Chessani, the Government commanded he face a Board of Inquiry.  LtCol Chessani is the only Marine ordered to face a Board of Inquiry over the Haditha incident after the charges have been dismissed.

 A Board of Inquiry is an administrative board where the rules of evidence do not apply.  Evidence that would likely be thrown out in a criminal proceeding may be considered by the Board.  The government’s burden of proof is lessened.  Rather than having to prove its case beyond a reasonable doubt, the government only has to prove “misconduct” by a preponderance of evidence.  

 If the Board finds “misconduct,” then they will further determine if LtCol Chessani should be forced to retire or not.  If the Board determines LtCol Chessani should retire, then the Board must also determine if he should retire as a Lieutenant Colonel, or as a Major. 


The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has been defending LtCol Chessani at no charge. The Law Center’s attorneys, Robert Muise and Brian Rooney, both former Marine officers, have teamed up with the detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC.

The indisputable evidence shows that LtCol Chessani immediately reported the deaths of the 15 civilian Iraqis to his superiors. 

Not one of his superiors hearing of the civilian deaths ─ including top generals ─ considered it unusual.  Not one ordered a further investigation.  Instead, they commended him for a job well done.  In fact, LtCol Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action—consistent with orders in effect at the time: no investigation of civilian deaths related to combat action.  That order was changed in April, 2006, well after the Haditha incident.

LtCol Chessani’s commanding general, Major General Huck, reported up the chain of command, “I support our account and do not see the necessity for further investigation.”  This same commanding General was allowed to retire without going to a Board of Inquiry, and he was allowed to retire as a Major General.

Consequently, not one of LtCol Chessani’s superiors faced nor will they ever face a court-martial or a Board of Inquiry for their actions in relation to November 19, 2005. 

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Link to Board of Inquiry Order
http://www.thomasmore.org/downloads/sb_thomasmore/ChessaniBOIAugust2009.pdf

ANN ARBOR, MI – Richard Thompson, President and Chief Counsel of the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, received this year’s Eagle Forum Award for the State of Michigan.  The Eagle Forum is a national pro-family, pro-life, conservative organization started by the renowned conservative activist, Phyllis Schlafly, in the 1970’s.

Every year, an individual is selected from each state who has contributed to the goals and ideals of the Eagle Forum as set forth by Phyllis Schlafly at its founding.  The award to Thompson was presented during a day-long seminar sponsored by the Eagle Forum of Michigan held in Birmingham, Michigan.  The plaque inscribed by Phyllis Schlafly related it was in appreciation for Thompson’s “dedicated work for God, Family and Country.”

Violet Vestevich, president of the Eagle Forum of Michigan, presented the Award to Thompson,

“This year we are proud to present the Eagle Forum Award to Mr. Richard Thompson for his tireless defense of life, for his fight against Dr. Death (Dr. Kevorkian), and his continued effort heading the Thomas More Law Center to protect the Christian and religious heritage of this country.” 

In accepting the award on behalf of all the staff of the Law Center, Thompson expressed his deep personal admiration for Phyllis Schlafly and the work of the Eagle Forum.

Thompson’s 45 minute speech on Sharia law to the packed auditorium dealt with the internal threat posed to the United States by those Muslims who follow Sharia law.  He debunked the notion advanced by many of our political leaders that “Islam is a religion of peace.”  He referred to the remarks of Omar Ahmad, one of the founders of CAIR (Counsel on American-Islamic Relations), that Islam isn’t in America to be equal to any other faith, but to become dominant.

According to Thompson, Muslims who believe in Sharia law seek to destroy America because their religion demands it.  This is their holy war, jihad, against non-Muslims.  No amount of compromise and accommodation will quench that hate.  It merely emboldens them.

Thompson expressed his concern that too many Americans are ill-informed about the true nature of Islam and so are fertile grounds for Islamic propaganda.  Muslims seeking to overthrow our government and values waging a campaign of “Stealth Jihad” have infiltrated every level of our national government, our two main political parties, and major universities.

Thompson cautioned that Americans should be aware of the Islamic concept of Taqiyya, which allows devout Muslims to lie, even act as a non-Muslim, if in their opinion; it will be good for Islam.  Since the goal of Jihad is to make Islam supreme, every lie to achieve that goal is acceptable.  For instance when Muslims are weaker than their opponents, they will feign “Islam is a religion of peace.” 

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org. 

ANN ARBOR, MI – Nearly four years after the so-called “Haditha Massacre,” an investigation conducted by over 65 NCIS agents (Naval Criminal Investigative Service) ─ the largest investigation in that agency’s history ─ with the expenditure of millions of taxpayer dollars, and prosecution losses at every stage of the criminal process, the government has decided to give up on the criminal prosecution against Marine LtCol Jeffrey Chessani.  Nonetheless, the battle for this loyal Marine officer continues.

On Friday, August 28, 2009,  the new general in charge of LtCol Chessani’s case, Marine LtGen George Flynn, Commanding General of the Marine Corps Combat Development Command in Quantico, VA, decided that criminal charges were not warranted.  Instead, he ordered LtCol Chessani to face an administrative procedure called a “Board of Inquiry.”  [see order here]

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, reacted, “The government’s persecution of this loyal Marine officer continues because he refused to throw his men under the bus to appease some anti-war politicians and press, and the Iraqi government.  Any punishment of LtCol Chessani handed down by a Board of Inquiry would be a miscarriage of justice because he did nothing wrong, and our lawyers will mount the same vigorous defense in this administrative proceeding as they did in the criminal.”

A Board of Inquiry is an administrative board where the rule of evidence does not apply.  Evidence that would likely be thrown out in a criminal proceeding may be considered by the Board, which will be comprised of three senior officers—in the case against LtCol Chessani, most likely Colonels and/or Generals.  The government’s burden of proof is lessened.  Rather than having to prove its case beyond a reasonable doubt, the government only has to prove “misconduct” by a preponderance of evidence. 

If the Board finds “misconduct,” then they will further determine if LtCol Chessani should be forced to retire or not.  If the Board determines LtCol Chessani should retire, then the Board must also determine if he should retire as a Lieutenant Colonel, or as a Major—a decision that could cost this Marine and his family hundreds of thousands of dollars in pay and benefits. 

The Law Center, a national public interest law firm based in Ann Arbor, Michigan, has been defending LtCol Chessani at no charge. The Law Center’s attorneys, Robert Muise and Brian Rooney, are both former Marine officers.  Detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC, have also represented LtCol Chessani throughout the criminal process.

The dismissed criminal charges against LtCol Chessani were triggered by a fierce house-to-house, room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha, Iraq on November 19, 2005.  Along with several insurgents, 15 civilians also died in this day long fight.  The civilian casualties were tragic, but not uncommon in Iraq where insurgents would use them as shields.

The “misconduct” allegations against LtCol Chessani are based on the following: failing to properly report and investigate the November 19, 2005 incident.  However, the indisputable evidence shows that LtCol Chessani immediately reported the deaths of the 15 civilian Iraqis to his superiors.  And not one of his superiors hearing of the civilian deaths ─ including top generals ─ considered it unusual.  Not one ordered a further investigation.  Instead, they commended him for a job well done.  In fact, LtCol Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action—which was consistent with the orders in effect at the time: no investigation of civilian deaths related to combat action.  That order was changed in April, 2006, well after the Haditha incident.

LtCol Chessani’s commanding general, Major General Huck, reported up the chain of command, “I support our account and do not see the necessity for further investigation.”  This same commanding General was allowed to retire without going to a Board of Inquiry, and he was allowed to retire as a Major General.

Consequently, not one of LtCol Chessani’s superiors faced nor will they ever face a court-martial or a Board of Inquiry for their actions in relation to November 19, 2005. 

“Marines are renowned for their courage and their willingness to follow their commanders into battle against all odds.  Their commanders, on the other hand, owe justice to these brave men and women who face death for them.  That obligation requires commanders to defend their troops when politicians attempt to make them political scapegoats,” said Thompson. 

Of the eight Marines initially charged in the incident, six Marines, including Chessani, had charges dismissed and one was acquitted.  Only one Marine still faces criminal charges.

LtCol Chessani was considered one of America’s most effective combat officers.  He was on his third combat tour in Iraq when the Haditha incident occurred.  

The Thomas More Law Center asks every American concerned about the future of the military services and our country to help in the fight to defend Marine Corps officer, Lieutenant Colonel Jeffrey Chessani.  You can do this by mailing a donation to the Law Center at 24 Frank Lloyd Wright Drive, P.O. Box 364, Ann Arbor MI 48106, or by simply donating to the LtCol Chessani Defense Fund.  Our continued defense of LtCol Chessani, without charge, has cost the Law Center over a million dollars.  With our vigorous defense of LtCol Chessani continuing at the Board of Inquiry, your donations and prayers are essential to seeing the end of the government’s pursuit of this good man through to the end.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Nearly four years after the so-called “Haditha Massacre,” an investigation conducted by over 65 NCIS agents (Naval Criminal Investigative Service) ─ the largest investigation in that agency’s history ─ with the expenditure of millions of taxpayer dollars, and prosecution losses at every stage of the criminal process, the government is still pursuing legal action against  Marine LtCol Jeffrey Chessani.

On June 15, 2009, the Staff Judge Advocate to the Marine Commandant confirmed to the Thomas More Law Center, that the Commandant, General James Conway, had referred the Chessani prosecution to LtGen George Flynn, Commanding General of the Marine Corps Combat Development Command in Quantico, VA, for disposition.

The case was sent back to the Commandant for disposition shortly after the government decided not to appeal the unanimous ruling by the Navy-Marine Corps Court of Criminal Appeals.  That ruling affirmed the dismissal of charges against LtCol Chessani on the grounds of unlawful command influence.

Because the military judge’s dismissal of the case was without prejudice, LtGen Flynn will now be responsible for deciding whether to recharge LtCol Chessani, take some administrative action, or take no action.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “This case started out as a political prosecution to appease the Iraqi government, anti-war media, and politicians.  LtCol Chessani loyally served his commanders and nation for over 20 years in several wars.  It’s time for justice.  I hope LtGen Flynn will make the right decision by stopping what is clearly now a political persecution of this loyal and patriotic combat officer.”

The Law Center, a national public interest law firm based in Ann Arbor, Michigan, along with detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC, have represented LtCol Chessani throughout the criminal process.

Those bogus charges against LtCol Chessani were triggered by a fierce house-to-house, room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha, Iraq on November 19, 2005.  Along with several insurgents, 15 civilians also died.  Where insurgents purposefully use civilians as human shields, civilian casualties are tragic, but not uncommon.

The trumped-up charges against LtCol Chessani: failing to properly report and investigate the November 19, 2005 incident.

In fact, he immediately reported the deaths of the 15 civilian Iraqis to his superiors.  

Not one of his superiors hearing of the 15 civilian deaths ─ including top generals ─ considered it unusual.  Not one ordered a further investigation.  In fact, they commended him for a job well done.

Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action.

His commanding general reported up the chain of command, “I support our account and do not see the necessity for further investigation.”

 “Marines are renowned for their courage and their willingness to follow their commanders into battle against all odds.  Their commanders, on the other hand, owe justice to these brave men and women who face death for them.  That obligation requires commanders to defend their troops when politicians attempt to make them political scapegoats,” said Thompson. 

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.