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Mattis takes the stand in Hadithah case

CAMP PENDLETON, Calif. — A four-star general denied Monday he was influenced by an investigator when he made the decision to charge a Marine officer with failing to probe the killings of 24 Iraqi men, women and children.

In a rare courtroom appearance for such a high-ranking officer, Marine Gen. James Mattis took the stand during a hearing to address a military judge’s finding there was evidence of unlawful command influence in the case of Lt. Col. Jeffrey Chessani.

Prosecutors must show at the hearing the general was not influenced and therefore his decision did not affect the direction of the investigation into the killings in the Iraqi city of Hadithah, the charges or the future of the case.

The finding by Col. Stephen Folsom, the military judge, stemmed from Chessani’s claim there was a conflict of interest in the case because Col. John Ewers, a military lawyer who investigated the November 2005 killings and took Chessani’s statement, became Mattis’ top legal adviser and sat in on briefings despite military policy prohibiting him from offering advice.

Mattis testified he never had a conversation with Ewers about Hadithah, although Ewers was present during a number of legal meetings where Hadithah and Chessani were discussed.

When asked if he had taken advice from Ewers about Chessani or any Hadithah matter, Mattis said: “Never. I would not have asked for any.”

Mattis said he had another legal adviser from Marine Corps Central Command to help him with the Hadithah cases.

Folsom, who presided at Monday’s hearing, asked Mattis if he considered the possible appearance of improper influence by inviting Ewers to the meetings, which helped Mattis make decisions about who would and would not be charged in the case. Mattis said he did not.

Mattis was called because he referred charges against Chessani when he was both commander of the Marine Corps Forces Central Command and the commander of the 1st Marine Expeditionary Force at Camp Pendleton. He has since been promoted and serves as commander of both NATO’s Supreme Allied Commander Transformation and commander of U.S. Joint Forces.

Chessani is the highest-ranking officer to be tried in the case stemming from the shooting deaths in the Iraqi town of Hadithah on Nov. 19, 2005, after a roadside bomb killed a Marine and wounded two others.

After roadside bombing, investigators say, Staff Sgt. Frank Wuterich and a squad member shot five men by a car at the scene. Wuterich then allegedly ordered his men into several houses, where they cleared rooms with grenades and gunfire, killing women and children.

Four enlisted Marines initially were charged with murder. Charges against three were dropped and they were reduced for Wuterich. He faces voluntary manslaughter and other charges.

Chessani, who was the battalion commander, and another Marine officer are charged with failing to investigate the case; similar counts were dropped against two other officers.

Mattis took the stand to defend his decision and offered a glimpse into the behind-the-scenes military legal process that led to charges in the case.

During the months leading up to the referral of charges, Mattis told the court he held dozens of legal meetings where Hadithah and other cases were discussed. Present at the meetings were a host of attorneys and legal advisers, including Ewers, who had become the staff judge advocate, the leading legal adviser to Mattis in his role as commander of the 1st Marine Expeditionary Force.

Prosecutors on Monday also called Ewers, who testified he told Mattis he could not offer legal advice on the Hadithah cases.

“I told him I couldn’t advise him on the Hadithah matters. I did not tell him that I shouldn’t attend meetings that dealt with Hadithah matters,” Ewers said.

A decision in the case is expected before Chessani’s court-martial begins on June 16.