Tuesday, June 24, 2008

Chessani UCI ruling

Here's a link to Col Folsom's actual ruling dismissing the charges against LtCol Chessani without prejudice due to unlawful command influence.


Anonymous said...

Funny how just reading something in the papers and other blogs makes you miss the big issue. Until I read the opinion, I couldn't understand how there was even apparent UCI when the CG testified that he didn't get any advice for Col Ewers. Now that I've read the opinion, I see that the heart (and appeal proof portion) of the MJ's ruling hinges, not on the influence Col Ewers had on the CA, but his influence on the LtCol SJA. With the burden on the gov't, wonder why the SJA was not called as a witness?

Tony Cossio said...

Thank you, that answers the rational of the Judge's decision.

And for you goofy-goobers that think this is all about Gen. Mattis (who will be played by Harrison Ford inNo True Glory: The Battle for Fallujah), it more had to do with Col. Ewers wearing three hats (Investigator, Legal Advisor, Witness).

tonycossio said...

Man, I almost fell out of my chair reading this part:


TC (LtCol Sullivan): Well, before that, Your Honor, I would make an oral motion for reconsideration.

MJ: Okay. What -- based on what?

TC (LtCol Sullivan): Just -- I'm just making the oral motion. Judge, you're going to deny it. I understand. And then I'll -- I'll -- I know the 72-hour clock starts.

MJ: Okay. Your motion is denied. You've presented nothing. TC (LtCol Sullivan): Okay. Roger that, judge. And then -- then the 72 hours starts, I understand, today. I'll just give you notice right now that we --

MJ: Wait. No. Sit down. I'm going to be very blunt and direct. Please sit down, Lieutenant Colonel Sullivan.

TC (LtCol Sullivan): Yes, sir.

MJ: Your 72-hour period starts at 10 after 10 on the 17th of June, not "today." You have 72 hours from now.

TC (LtCol Sullivan): Yes, sir.

MJ: All right?

TC (LtCol Sullivan): Yes, sir.

MJ: The rule requires written notification. You intend to file an appeal, you provide written notification to this court within 72 hours, not oral notification, not going to do it on the record. You're not going to do it sometime today. Written notification within 72 hours from this point forward. All right, gentlemen -- TC (LtCol Sullivan): Well, Your Honor, may I have a moment?

MJ: To do what? TC (LtCol Sullivan): I want to consult with counsel, sir.

MJ: Go ahead.

TC (LtCol Sullivan): No. Sir, I'll withdraw that.

MJ: Because, quite frankly, there are no other issues in this case. These charges are dismissed without prejudice. You have 72 hours to give your written notice that you want to appeal it. Following that, or failing that, this court is adjourned.