Chessani Undue Command Influence Ruling Almost Punt (UPDATES)

Earlier this morning I predicted a punt by the military judge in Lt. Col. Chessani’s court martial, not dismissing but sending the case for a new review by the now commanding general at Camp Pendleton. Instead, the judge has dismissed the charges, but “without prejudice,” which means almost the same as a punt because the charges can be refiled, then passed on by the now commanding general at Camp Pendleton. However, as the AP reports, judge “Folsom barred Marine Forces Central Command from future involvement in the case.”

Realistically, that “involvement” will still occur, but informally and more hidden.

The Marine Corps JAG should finally disavow its command politicized rush to judgments, condemnatory trumped up charges, and stop this nonsense and the judicial torture of Lt. Col. Chessani.

Michelle Malkin has the appropriate cartoon. To fight the smears, Malkin suggests, "Call John “Cold-blooded” Murtha for comment: 202-225-2065."

Whether judge Folsom found then-Lt. Gen. Mattis' testimony believable or not that there wasn't "undue command influence" upon him, undue command influence can also occur by "appearance" of such, and Mattis including the prosecution's investigator in 25 meetings to evaluate the case certainly is a bad appearance.

Reuters reports,

"We are grateful for the judge's ruling today. He was truly the last sentinel to guard against unlawful command influence," said Richard Thompson, president and chief counsel of the Thomas More Law Center, which represented Chessani.

"Tragically, our own government eliminated one of its most effective combat commanders," Thompson said in reference to Chessani. "The insurgents are laughing in their caves."

As usual, local North County Times reporter Mark Walker has the necessary detail to understand the ruling and what comes next:

Prosecutors have three days to appeal the ruling. If they don't, the judge, Col. Steven Folsom, ordered that a new investigation be conducted. If the charges are refiled, he said, they must be approved by a senior Marine officer who has had no association with the case.

Lt. Col. Chessani’s trials aren’t yet over.

But, as one of his lawyers says,

"We're cautiously optimistic the government won't refile the charges," said one of Chessani's attorneys, Brian Rooney. "We hope that it's over. It should be over. We believe it never should have got this far."