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June 17, 2008

I Expect A Punt On Chessani (UPDATE)


The prediction that the Haditha charges against the Marines there would come a cropper has repeatedly come true. Now, I’ll predict that today’s ruling by military judge Marine Col. Steven Folsom in the matter of undue command influence in the charges against Lt. Col. Jeffrey Chessani will be a punt, rather than an outright dismissal.

The punt will be for the current commanding general at Camp Pendleton, Lt. Gen. Samuel Helland, to reconsider the charges for whether a court martial is warranted. The previous recommendation by revered then-Lt. Gen. James Mattis is tainted by the presence in his counsels of the officer, Col. John Ewers, who led parts of the investigations into the incident that the prosecution has depended upon. Mattis, on the stand in the prosecution’s defense against undue command influence, denies any influence by Ewers.

Judge Folsom has shown himself not particularly friendly toward Chessani’s defense team. All but one of the defense’s allegations of undue command influence were not upheld, for example. And, it’s difficult to believe that Folsom would, in effect, declare Mattis unbelievable, by dismissing the charges against Chessani.

Therefore, I expect a punt by the judge, and Chessani's judicial torture to be prolonged.

Stay tuned today.

UPDATE: Almost a punt. See ruling. Time for JAG persecution, er prosecution, to knock it off.


Bruce Kesler | Jun. 17, 2008 | 11:05 AM