Murtha ordered to testify in Haditha defamation case

US News

By Karyn Chenoweth Sep 30, 2007, 21:21 GMT

A Federal judge has issued orders to Rp. Jack Murtha (D-PA) to testify in the Haditha defamation case. Rep. Jack Murtha (Democrat- Pennsylvania) (C) EPA/STEFAN ZAKLIN

Rep. Jack Murtha (Democrat- Pennsylvania) (C) EPA/STEFAN ZAKLINThe defamation case is related to the deaths of Iraqi civilians in the town of Haditha in 2005, according to the Associated Press.Murtha, a former Marine. accused Marines of "cold-blooded murder and war crimes'' during the Haditha incident. Frank Wuterich, a Marine sergeant involved in the incident, has sued Murtha for libel and invasion of privacy over his comments.According to AP, U.S. District Judge Rosemary M. Collyer wants Murtha to explain why he made this statement and any documents he has related to the incident.From the AP: 'You're writing a very wide road for members of Congress to go to their home districts and say anything they choose about private persons and be able to do so without any liability. Are you sure you want to do that?'' Collyer said, adding later, ''How far can a congressman go and still be protected?"Murtha made the remarks while in his capacity as a lawmaker - and is thus protected by the Speech or Debate Clause from any type of prosecution for official acts.The Speech or Debate Clause does not protect members, senators or staff from arrest for a crime. Critiics cite censorship worries over restricting what members and senators can say in the performance of their jobs.Murtha commented on an incident involving Wuterich and other Marines at a press conference and in a follow-up TV interview. Politico.com points out that these interviews were related to his opposition to the Iraq war. Politico cites that the courts have found that such press-related activities are a normal part of the duties of a member of Congress, and are therefore covered by the Speech or Debate Clause. Politico writes: "Wuterich may end up standing trial soon over his role in the death of 17 Iraqi civilians in the Nov. 19, 2005, incident in Haditha. If he were to go on trial and be found guilty of some crime in that case, then this lawsuit against Murtha would go away as well."