The move by Wuterich is rare, as statements made by members of Congress generally are protected under the "speech or debate" clause in Article I, Section 6, of the Constitution. But legal experts said the clause grants immunity only for what lawmakers say in legislative proceedings and does not apply to news releases, speeches and other public comments.The questionable events at Qana in Lebanon sure do place Haditha in a different light, don't they?
Rodney A. Smolla, dean of the University of Richmond Law School and a libel expert, said yesterday that Wuterich would have the burden of proving that he is innocent and that Murtha's statements were false, but he added that the quotations appear to be actionable in court. He said the suit shows that Wuterich probably thinks he did nothing wrong.
"Part of the subtext of this is it's a showing of confidence and a preemptive strike of sorts," Smolla said. "The congressman's statement does not sound as if it is merely hyperbole or opinion or name-calling. Instead, it conveys the idea that the Marines violated professional standards and perhaps the law."
Marine Names Murtha in Defamation Suit
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