Jeffrey Chessani
Encyclopedia
Jeffrey R. Chessani is a retired Lieutenant Colonel
in the United States Marine Corps
, and was the commanding officer 3rd Battalion, 1st Marines during the November 2005 urban combat in Haditha
, Iraq
. In that event, known as the Haditha killings
, marines in his battalion were accused of having killed 15 civilians while pursuing insurgents. Chessnai was removed along with Captains Luke McConnell
and James Kimber
, However, all criminal charges against Chessani for failing to investigate the killings have been dismissed. A Board of Inquiry found, despite the easier standard of proving guilt, preponderance of the evidence, that there was no misconduct.
The Thomas More Law Center
defended Chessani against the charge that he failed to investigate the killings. Staff Sergeant Frank Wuterich
was the senior Marine on patrol and is under investigation for other charges. To date, after numerous trials, no Marines have been found guilty of committing any crimes.
Chessani, 45, was raised in the small town of Rangely, Colorado
, where he graduated from high school in 1982. He went on to receive a B.A. from the University of Northern Colorado
in 1988. During his military career he participated in the 1989 Operation Just Cause (Invasion of Panama), the 1991 Gulf War
(Operation Desert Storm), and most recently the Iraq War (Operation Iraqi Freedom).
On June 17, 2008 Military Judge Colonel
Steven Folsom dismissed all charges against Chessani on the grounds that General
James Mattis
, who approved the filing of the charges against him, had been improperly influenced by an investigator probing the incident. The ruling was without prejudice, which allowed the prosecution to refile.
In 2008 an appeal filed on behalf of the Marine Corps, claiming that the judge abused his power when he dismissed dereliction of duty charges against Chessani in killings. On March 17, 2009, a military appeals court upheld the dismissal of the war crimes charges against Chessani.
Chessani’s commanding general, Major General Huck, reported up the chain of command, "I support our account and do not see the necessity for further investigation." Huck was allowed to retire without loss of rank, and without going to a Board of Inquiry.
On Friday, August 28, 2009, the new general in charge of Chessani’s case, Marine LtGen George Flynn, Commanding General of the Marine Corps Combat Development Command in Quantico, VA, decided that criminal charges were not warranted. Instead, he ordered Chessani to face an Navy administrative procedure, called a Board of Inquiry, which found no misconduct and recommended that he be allowed to retire without loss of rank.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center
, said, "The government’s persecution of this loyal Marine officer continues because he refused to throw his men under the bus to appease some anti-war politicians and press, and the Iraqi government. Any punishment of LtCol Chessani handed down by a Board of Inquiry would be a miscarriage of justice because he did nothing wrong, and our lawyers will mount the same vigorous defense in this administrative proceeding as they did in the criminal."
The dismissed allegations against Chessani were for failing to properly report and investigate the November 19, 2005 incident. The evidence shows instead that he had immediately reported the deaths of the 15 civilian Iraqis to his superiors, and not one of his superiors — including top generals— considered it unusual or ordered a further investigation. Instead, they commended him for a job well done. In fact, Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action— which was consistent with the orders in effect at the time, there were: no investigation of civilian deaths related to combat action. That order was changed in April, 2006, well after the Haditha incident.
Chessani retired from the Corps on July 16, 2010.
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...
in the United States Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
, and was the commanding officer 3rd Battalion, 1st Marines during the November 2005 urban combat in Haditha
Haditha
Haditha is a city in the western Iraqi Al Anbar Governorate, about 240 km northwest of Baghdad. It is a farming town situated on the Euphrates River at . Its population of around 100,000 people is predominantly Sunni Muslim Arabs...
, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
. In that event, known as the Haditha killings
Haditha killings
The Haditha killings refers to the incident where 24 Iraqi men, women and children were killed by a group of United States Marines on November 19, 2005 in Haditha, a city in the western Iraqi province of Al Anbar. At least 15 of those killed were civilians...
, marines in his battalion were accused of having killed 15 civilians while pursuing insurgents. Chessnai was removed along with Captains Luke McConnell
Luke McConnell
Luke McConnell is currently a Major in the United States Marine Corps. In accordance with standard administrative procedure, he was initially removed from command of the Camp Pendleton-based Kilo Company, 3rd Battalion, 1st Marines following an alleged November 2005 war crime in Haditha, Iraq,...
and James Kimber
James Kimber
James Kimber, age 33, is a captain in the United States Marine Corps, and was commander of India Company 3rd Battalion 1st Marines. He was removed from command following a report by The Times regarding an alleged hazing incident in Haditha, Iraq on November 19, 2005, recorded and aired by the BBC...
, However, all criminal charges against Chessani for failing to investigate the killings have been dismissed. A Board of Inquiry found, despite the easier standard of proving guilt, preponderance of the evidence, that there was no misconduct.
The Thomas More Law Center
Thomas More Law Center
The Thomas More Law Center is a prominent conservative Christian, not-for-profit law center based in Ann Arbor, Michigan, and is active throughout the United States. Its stated goals are defending the religious freedom of Christians, restoring "time honored values" and protecting the sanctity of...
defended Chessani against the charge that he failed to investigate the killings. Staff Sergeant Frank Wuterich
Frank Wuterich
Frank Wuterich is a Staff Sergeant in the United States Marine Corps and is alleged to have participated, on November 19, 2005 in Haditha killings, where he and fellow Marines are accused of having killed 24 civilians after a Marine had died in an insurgent attack...
was the senior Marine on patrol and is under investigation for other charges. To date, after numerous trials, no Marines have been found guilty of committing any crimes.
Chessani, 45, was raised in the small town of Rangely, Colorado
Rangely, Colorado
Rangely is a Statutory Town in Rio Blanco County, Colorado, United States. The population was 2,096 at the 2000 census. The town is home to one of two campuses of the Colorado Northwestern Community College.-Geography:...
, where he graduated from high school in 1982. He went on to receive a B.A. from the University of Northern Colorado
University of Northern Colorado
-Organization:The University of Northern Colorado offers 100 undergraduate programs and more than 100 graduate programs. The university has a satellite campus in Denver, Colorado...
in 1988. During his military career he participated in the 1989 Operation Just Cause (Invasion of Panama), the 1991 Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
(Operation Desert Storm), and most recently the Iraq War (Operation Iraqi Freedom).
On June 17, 2008 Military Judge Colonel
Colonel (United States)
In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...
Steven Folsom dismissed all charges against Chessani on the grounds that General
General (United States)
In the United States Army, United States Air Force, and United States Marine Corps, general is a four-star general officer rank, with the pay grade of O-10. General ranks above lieutenant general and below General of the Army or General of the Air Force; the Marine Corps does not have an...
James Mattis
James Mattis
James N. Mattis is a United States Marine Corps general and the current commander of United States Central Command. Having replaced David Petraeus on August 11, 2010, he previously commanded United States Joint Forces Command from November 9, 2007 to August 2010 and served concurrently as NATO's...
, who approved the filing of the charges against him, had been improperly influenced by an investigator probing the incident. The ruling was without prejudice, which allowed the prosecution to refile.
In 2008 an appeal filed on behalf of the Marine Corps, claiming that the judge abused his power when he dismissed dereliction of duty charges against Chessani in killings. On March 17, 2009, a military appeals court upheld the dismissal of the war crimes charges against Chessani.
Chessani’s commanding general, Major General Huck, reported up the chain of command, "I support our account and do not see the necessity for further investigation." Huck was allowed to retire without loss of rank, and without going to a Board of Inquiry.
On Friday, August 28, 2009, the new general in charge of Chessani’s case, Marine LtGen George Flynn, Commanding General of the Marine Corps Combat Development Command in Quantico, VA, decided that criminal charges were not warranted. Instead, he ordered Chessani to face an Navy administrative procedure, called a Board of Inquiry, which found no misconduct and recommended that he be allowed to retire without loss of rank.
Richard Thompson, President and Chief Counsel of the Thomas More Law Center
Thomas More Law Center
The Thomas More Law Center is a prominent conservative Christian, not-for-profit law center based in Ann Arbor, Michigan, and is active throughout the United States. Its stated goals are defending the religious freedom of Christians, restoring "time honored values" and protecting the sanctity of...
, said, "The government’s persecution of this loyal Marine officer continues because he refused to throw his men under the bus to appease some anti-war politicians and press, and the Iraqi government. Any punishment of LtCol Chessani handed down by a Board of Inquiry would be a miscarriage of justice because he did nothing wrong, and our lawyers will mount the same vigorous defense in this administrative proceeding as they did in the criminal."
The dismissed allegations against Chessani were for failing to properly report and investigate the November 19, 2005 incident. The evidence shows instead that he had immediately reported the deaths of the 15 civilian Iraqis to his superiors, and not one of his superiors — including top generals— considered it unusual or ordered a further investigation. Instead, they commended him for a job well done. In fact, Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action— which was consistent with the orders in effect at the time, there were: no investigation of civilian deaths related to combat action. That order was changed in April, 2006, well after the Haditha incident.
Chessani retired from the Corps on July 16, 2010.
See also
- Haditha killingsHaditha killingsThe Haditha killings refers to the incident where 24 Iraqi men, women and children were killed by a group of United States Marines on November 19, 2005 in Haditha, a city in the western Iraqi province of Al Anbar. At least 15 of those killed were civilians...
- Command responsibilityCommand responsibilityCommand responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....