The question is whether or not it was truly part of his congressional duties. So far the legal system has said yes.
Hopefully there will be other challenges as it sure didn’t seem to be part of his “duty”.

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MataHarley:

Murtha, however, flat out usurped the judicial system and pronounced the Haditha soldiers guilty without a trial.

I remember something like that from the Nixon era, either having to do with William Calley or Charles Manson. I think Nixon said Manson was guilty and Manson held the paper with the bold headline up in front of the jury.

RichardRomano

This is unbelievable — there are two sets of laws, one for us, one for the pols.

Actually, it is believable.
Go back to the Bible. There are many stories of the rulers who believed they were better than the common man.

And to use a line from the kid’s movie Aladdin:
Have you heard of the golden rule- he who has the gold, rules.

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This is unbelievable — there are two sets of laws, one for us, one for the pols.

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Thanks for the excerpts, JohnMcClane. Caught the breaking news last night, but had no heart to start digging in the later hours of the eve for the specifics of the decision.

Their grounds and use of precedents from the Bush admin/Plame, Cheney/energy and CAIR/arm of Hezbollah make me wonder about the arguments used by Wuterich’s attorney. In each of the cited cases, I can see a link to the realm of employment.

Murtha, however, flat out usurped the judicial system and pronounced the Haditha soldiers guilty without a trial. I fail to see how that is related to Congressional employment in anyway. But then, all depends upon what Wuterich’s attorney used as the argument.

I should very much like to see discipline via the UCMJ, followed rapidly by Murtha being booted unceremoniously out of office in the next election. Whether that happens remains to be seen.

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This complaint may have made the Marines feel better but it was doomed from the start. There are very few slander/libel complaints against Congresscritters that would make it past the speech and debate clause of the US Constitution. Since most of us are constitutionalists here, while we find the acts of Murtha to be deplorable and reprehensible, the decision is proper and correct based upon the law and the constitution. As for waiting for Murtha to leave office, that wouldn’t solve the problem (even assuming he had left office within the Statute of Limitations period which probably has expired by now) because the acts were done while he was a Representative and his status at the time of the occurrence not the time of the litigation is the only relevant factor for immunity.

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There are very few “former Marines” in the world. At least the article got that right.

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Let’s see a left wing dirtbag lawyer in this world.
Speaking as a member of the congress in his legislative duties, indeed.
I need to dig out the Manual For Courts Martial of The United States.

Yes, but I bet Congress has written the rules such that Congress trumps military.

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Well, perhaps a punch in the face will do Murtha some good. Not that I’m trying to incite anyone, you know. Far be it from me to promote violence against a traitor.

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Glenn:

I’m was not a member of the armed services (deaf) but what you outline sounds like a start.

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Punitive and general articles that may cover murtha. He is retired, isn’t he? And retirees are subject to the UCMJ. Convening Authority would be the Commandant of The Marine Corps.

917. ARTICLE 117. PROVOKING SPEECHES OR GESTURES
Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.
934. ARTICLE 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Let’s see a left wing dirtbag lawyer in this world.
Speaking as a member of the congress in his legislative duties, indeed.
I need to dig out the Manual For Courts Martial of The United States.
Any others out there think the same?

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