The court battle to clear Wuterich’s name following Murtha’s repeated slanderous attacks continue. Murtha has claimed that he was acting in his official government capacity and therefore has immunity. Wuterich’s legal team filed this response on 6/8/2007. The response says:

Plaintiff Frank Wuterich (“Wuterich”), the squad leader of the Marines engaged in the
Haditha battle, brought defamation and false light claims against defendant John Murtha
(“Murtha”) for asserting that Wuterich, as part of an easily identifiable group of Marines,
was a “cold-blooded” killer, among other disparaging and unproven comments. Rather
than substantively – or even personally – respond to these claims, Mr. Murtha, a sitting
member of the U.S. House of Representatives, seeks to hide behind a purported cloak of
immunity and has brought the United States Government into this litigation to fight his
battle for him.

However, at this very early juncture of the litigation, Mr. Murtha is neither entitled to
immunity nor is the United States Government an appropriate intervening party to this
action. Before either of these steps can take place Wuterich is entitled to limited
discovery – to include at a minimum deposing Mr. Murtha – in order to challenge the
defendant’s scope of employment claims and the Westfall Certification filed by the
United States Attorney’s Office.
Let it first be made quite clear. This case is not about the War in Iraq or Mr. Murtha’s
opposition to it. The legitimate public debate regarding whether the United States should
or should not have entered Iraq, or at what point in time our troops should or should not
withdraw is an unrelated distraction, both as a matter of fact and law. Neither Wuterich
nor this lawsuit takes a position or seeks to debate those questions, or Mr. Murtha’s views
on the topic.

What this lawsuit addresses is the irresponsible and false statements spread by Mr.
Murtha, without any substantive basis, against a group of young Marines – led by
Wuterich – who were risking their lives in a dangerous situation that turned tragic. Mr.
Murtha’s conduct was unbecoming that of Marine, much less a serving U.S.
Congressman, and he should be held personally accountable for his intentional actions.

Let’s hope that Murtha’s motion is denied so that he can be held to account for smearing the good name of his fellow marines.

If you wish to help Frank Wuterich in his fight to clear his name, you can support him at his web-site. I sent money there instead of the RNC.

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