Published: November 18, 2008 11:39 pm      

Murtha seeks immunity from suit

WASHINGTON — A Marine who sued U.S. Rep. John Murtha for defamation urged a federal appeals court Tuesday to order the Johnstown Democrat to testify under oath in the case.

An attorney for Staff Sgt. Frank Wuterich told the court that he needs Murtha’s deposition to determine how often the congressman made the claim that Marines in Iraq engaged in “cold-blooded murder and war crimes” in the slayings of civilians in Haditha.

A government attorney representing Murtha told the judges that the lawmaker has immunity from the lawsuit because he was acting in his official role as a lawmaker when he made the comments to reporters.

Arguments about whether Murtha must testify was argued before a three-judge panel of the U.S. Court of Appeals for the District of Columbia.

Wuterich filed the lawsuit in 2006.

He is the only person still facing charges in the 2005 Haditha slayings.

A second Marine also has sued over Murtha’s remarks.

During the hearing, Judge Harry T. Edwards told Mark Zaid, attorney for the Marine, that a “witch hunt” would not be appropriate under the law and questioned what Zaid wanted to ask Murtha because he said he’s not satisfied with what’s in the complaint.

Zaid said he wanted to find out what Murtha said to other people, such as his neighbors and fundraisers, about the Haditha slayings. He said the deposition would last about three or four hours, but he said it wouldn’t be a fishing expedition.

“We don’t know what we don’t know,” Zaid said.

Assistant U.S Attorney Darrell Valdez, who represents Murtha, argued that a member of Congress is “absolutely immune” from a defamation suit because there’s no circumstance in which speaking to the media is not within the scope of a lawmaker’s employment.

Valdez said it would be hard to find an issue more of public concern than the Iraq war.

But Judge Karen Lecraft Henderson seemed skeptical about Valdez’s argument.

“Are you saying a congressman can say anything that he wants about the Iraq war?” Henderson asked Valdez. She questioned if intent and motive should also be considered.

Neither Murtha nor Wuterich attended the hearing.

Murtha, who is opposed to the Iraq war, has said he made the comments to draw attention to the pressure put on troops in Iraq and efforts to cover up the incident.

Murtha is a decorated Vietnam veteran and retired Marine Reserves colonel who was elected in November to this 18th full term.

Last year, a federal judge ordered Murtha to give a sworn deposition in the case. Murtha appealed, and at issue also during Tuesday’s hearing was whether it was appropriate for the case to even be before the appellate court.