Two days ago, a federal appeals court threw out a lawsuit against Rep. John P. Murtha on the grounds that because he was acting in his capacity as a Member of Congress when he said -- incorrectly -- that U.S. Marines in Iraq had "killed innocent civilians in cold blood," he could not be sued for libel or defamation.
Specifically, the three-judge panel of the U.S. Court of Appeals for the District of Columbia cited a 1988 law that protects federal employees from being sued for things they say or do in the course of their official duties.
And that, apparently, was the end of former Marine Staff Sergeant Frank Wuterich's claim that Murtha had libeled and defamed him when Murtha made those sensational charges in May of 2006.
But it turns out that ruling is NOT the end of a similar lawsuit filed by former Marine Lance Corporal Justin Sharrat of Canonsburg, Pennsylvania.
Sharrat's lawyer, Noah Geary, has amended Sharrat's lawsuit against Murtha to make clear Sharrat's belief that Murtha was acting outside the scope of his duties as a Member of Congress when he defamed and libeled Sharrat.
Geary's argument is elegant: At the time he made the offensive comments, Murtha -- a member of the legislative branch of government -- was commenting on an ongoing investigation being conducted by the executive branch of government.
Because commenting on executive branch investigations before they are concluded is not part of the job description of a Congressman, Geary reasons, Murtha's comments should not be protected.
Further, argues Geary, Murtha was really acting in a personal capacity, for his own personal reasons, when he made the sensational allegations -- he was seeking to curry personal favor with U.S. Rep. Nancy Pelosi, who was just months away from being elected Speaker of the House of Representatives.
A military court cleared Sharrat some time ago of the charges against him.
Murtha never apologized for his original comments.
Is it any wonder that -- to conservatives, at least -- Murtha has become one of the most disgust-inducing politicians in America?
DISCLAIMER: When I write about the politicians in my past, CQ Politics says I have to turn the cards face-up. I worked for a candidate who ran against Murtha back in my campaign operative days.
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Comments
Ask anyone from my area and Murtha is still their own personal Jesus who can do no wrong.
Murtha wasn't acting as a member of congress, he was acting in as a member of al-qaeda
I don't think he has a semper fi tattoo...
Posted by: profwebs
| April 17, 2009 7:39 AM
Regardless, if it was an official comment or not, Congressman Murtha owes an apology to every Iraq Veteran for his comments. The insinuation that our armed forces would purposely kill Civilians should be enough to strip him of his position in Congress. The fact that he could of made this remark strictly for political gain is unconscionable..
Posted by: Robert Drovie
| April 17, 2009 8:54 AM
Murtha is a former Marine whose motto is "Semper I"
Posted by: TMac
| April 18, 2009 9:21 PM
Murtha is a member of that elite unit the Blue Falcons. Known far and wide by the initials BF. Pity they can't give a Dishonorable Discharge to someone who's already out.
Posted by: genes
| April 19, 2009 5:19 PM
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