We all know about it. A firefight in Haditha, Iraq on November 19, 2005, became another public relations nightmare for the U.S. Military when Time magazine published a report claiming it was in fact a massacre perpetrated by Marines against innocent Iraqi civilians as retribution for a lethal IED attack.

But, as we all now know, Time was either careless or knowingly complicit in provoking this controversy, for it was quickly discovered that the basis for their story was “massacre” pictures provided by an al Qaeda front group. Insurgents captured subsequently told interrogators that the whole thing was a set up –- that al Qaeda deliberately planned the ambush to create this propaganda nightmare.

Nonetheless, anytime our vaunted Fourth Estate levels an accusation against the U.S. military, especially those damned, bloodthirsty Marines, it must be investigated to the last speck. And even if their case is based on the thinnest of evidence, those people our military bureaucracy generously refers to as “lawyers” must find a fall guy to cover their cowering, risk-averse tails, if only to prove they weren’t total idiots in prosecuting the case in the first place. Sorry, that ship already sailed. I wish they could switch places on the front lines with these honorable men they are scapegoating! They might get a whole new perspective, or at least do us all a favor and self-select themselves out of the gene pool in the first firefight. As Shakespeare said…

On May 17, 2006, Congressman John Murtha of Pennsylvania joined the fray and gained new infamy with these inflammatory comments:

It’s much worse than reported in Time magazine. There was no fire fight. There was no IED that killed these innocent people. Our troops overreacted because of the pressure on them and they killed innocent civilians in cold blood.

He made the statement without a shred of evidence, and having been proved wrong on all points, still refuses to apologize. One wonders how this Congressman could be so shameless. Having built his entire political career on radically exaggerated claims surrounding his former Marine Corps service (he was not in combat as he claimed, nor was he a “lifer” but a reservist), you’d think he would at least give his fellow Marines the benefit of the doubt; you know, “Semper Fi” and all that.

Instead he finds more fertile ground these days in betraying them to curry support from anti-American communist groups like “Code Pink.” When you consider ABSCAM, and all the other scandals that have swirled around Congessman Murtha, this seeming inconsistency can only be explained by the conclusion that he has never, ever been about anything other than advancing his own career. This corpusculent slob does a disservice to the Marine Corps by claiming he ever was ever among its ranks, not the other way around.

In any event, having conducted repeated investigations which found nothing and having exonerated four of the eight Marines originally charged, and despite the recommendations of the investigating officer that the whole case be dropped, the Marine Corps nonetheless is relentlessly moving forward with Courts Martial for the other four: SSgt. Frank Wuterich, Lt. Col. Jeffrey Chessani, 1st Lt. Andrew Grayson and LCpl. Steve Tatum.

This is probably all old news to you. One thing you may not know however, is that SSgt. Wuterich attempted to sue Congressman Murtha for his public statement. According to Wikipedia:

On August 2, 2006, Marine Corps staff sergeant Frank D. Wuterich, who led the accused squad, filed suit for libel and invasion of privacy. The filing states Murtha “tarnished the Marine’s reputation by telling news organizations in May that the Marine unit cracked after a roadside bomb killed one of its members and that the troops “killed innocent civilians in cold blood.” Murtha also said repeatedly that the incident was “covered up.” Wuterich was charged with 13 counts of murder on December 21, 2006.

And while all the murder charges have been dismissed against Wuterich, he still faces a laundry list of other charges –- including nine charges of voluntary manslaughter -– which provide penalties of up to twenty-nine years in prison. This is by far the most among any of the four Marines still facing charges.

Do I detect a whiff of revenge coming from the Congressman’s office? During my days at OMB I saw firsthand how Congressmen and Senators can pressure the bureaucracy to force a desired result. I wouldn’t put anything past that despicable cretin, but it also may explain why he refuses to apologize. To do so might work in favor of SSgt. Wuterich’s suit. There’s good old Jack Murtha, looking out for his own interests again, this time at the likely expense of an honorable Marine’s life and career.

In any event, the prosecution keeps losing. A court recently denied prosecution efforts to subpoena edited comments from a CBS 60 minutes interview of SSgt. Wuterich. According to press reports, the prosecutor, Marine Capt. Nicholas L. Gannon, claimed Wuterich admitted on these edited pieces of tape “that he did in fact order his men to ‘shoot first and ask questions later.’”

Is this the prosecution’s rationale for continuing this inane trial? Here are the facts: The Marines were IED blasted and ambushed with one dead and two wounded. The enemy took shelter in a house of unknown occupancy, which the Marines were ordered to clear. The enemy regularly rigs bombs to civilians, including women and children, uses them as shields while shooting at us, dresses in civilian clothes, and regularly tortures, mutilates and murders civilians. One insurgent came out of a house carrying a baby with the family around him. What were the Marines supposed to do, let him shoot at them with impunity? If SSgt. Wuterich directed his squad to “shoot first and ask questions later,” I call that good advice!

What planet is that prosecutor on? Is this supposed to be what passes for evidence?!? I asked USMC spokesman LtCol. Sean Gibson this exact question. His response was typically high-minded evasiveness:

“Our Marines are disciplined and well trained. We adhere to the Law of Armed Conflict and the Rules of Engagement in order to successfully execute our mission while minimizing harm to non-combatants.”

I know all that! But does the Law of Armed Conflict provide guidelines as to behavior against enemies that dress as civilians while using real civilians as human shields and children as walking bombs? What about the Geneva Convention? Its guidelines are surprisingly clear. Terrorists have NO legal standing, and even were they signatories to the Convention, which they aren’t, would lose the benefit of its legal protections the minute they start behaving this way. They can legally be shot on sight, as soldiers out of uniform from both sides routinely were during WW II.

If frontline troops have to face a court martial every time there are “civilian” casualties, then you can expect that every time we do battle, the enemy will drag along an army of civilian hostages with him, further increasing the likelihood of civilian deaths -– indeed, he is already doing this, as the Haditha case proves. Meanwhile we will find fewer and fewer Americans willing to risk their lives when the rules of engagement demand that, under fire, they carefully discriminate between “civilians” and insurgents dressed as civilians, while facing the prospect of criminal charges the first time some Pulitzer hungry “journalist” accuses them of “war crimes.” If we allow such injustice to continue, we might as well surrender now.

Turned the page of the morning paper and saw a full page advert for an HBO show premiering this Sunday. As it is said, check your local listings.

John Jones
Marine Staff Sgt.
Hometown: San Antonio, TX
Age: 30
Date of Injury: 1/3/2005

Now, I get up every morning by the Grace of God and get around like I did before the accident. I can do almost everything that I did before but of course at nights I have to use my wheelchair when I don’t have my legs on. Showering is usually a challenge if I travel but everything is basic….

As for the future, I hope to always help other military men and women forever in any way that I can. I hope to graduate one day with degree in business that somehow incorporates helping others that need me in some way. I hope to be a positive influence for others and to set an example for those that have given up hope. I hope to always be the father and husband that my family needs and to always show them that I am forever grateful that they love me for who I am.

The Spirit is there, just a matter of technology before a Marine like S/Sgt Jones returns to active duty.

I recall a short Leatherneck article in ’62-’63 about Sgt Don Hamblen getting tangled up in a power line at Camp Pendleton. Lost a leg. His retention in the Corps was contingent on a successful Physical Readiness Test (PRT). He made it, did a tour RVN and retired as a 1st Sergeant.

Visit Sgt Jones’ blog here.

Hospital: National Naval Medical Center, Bethesda, MD

Unit: Part of 1st Battalion/ 7th Marines, Charlie Company

Date deployed to Iraq: Third/fourth week of August 2004

Location of Injury: Al Qaim, Iraq

List of Injuries: Double amputee below the knees, shrapnel in parts of thighs and wrists, some memory and hearing loss, post traumatic stress disorder.

From Executive Producer James Gandolfini
Alive Day Memories:  Home From Iraq
Premieres Sunday, September 9 at 10:30PM

In a war that has left more than 25,000 wounded, ALIVE DAY MEMORIES: HOME FROM IRAQ looks at a new generation of veterans. Executive Producer James Gandolfini interviews ten Soldiers and Marines who reveal their feelings on their future, their severe disabilities and their devotion to America. The documentary surveys the physical and emotional cost of war through memories of their “alive day,” the day they narrowly escaped death in Iraq.

Watch the entire ALIVE DAY MEMORIES special on HBO.com beginning Sunday, September 9 at 11:30pm, immediately following the premiere.

Must-Read Reference: Donald Hamblen: One Tough Marine and Purple Heart Recipient.