A federal judge refused Friday to dismiss a defamation case against Rep. John P. Murtha and ordered the Pennsylvania Democrat to give a sworn deposition about his comments alleging "cold-blooded murder and war crimes" by unnamed soldiers in connection with Iraqi civilian deaths in Haditha in 2005.
A Marine Corps sergeant is suing the 18-term congressman for making the charge, which the soldier claims is false.
The Justice Department wanted the case dismissed because Murtha was acting in his official role as a lawmaker. Assistant U.S. Attorney John F. Henault said the comments were made as part of the debate over the war in Iraq. U.S. District Judge Rosemary M. Collyer said the congressman might be right, but said she won't know for sure unless Murtha explains himself. She did not set a date for Murtha's testimony but said she would also require him to turn over documents related to his comments.
Collyer, who was appointed to the bench by President Bush, said the case wasn't about whether to recall troops from Iraq and she didn't "particularly care" about Murtha's views on the war. She said the law cares only about what Murtha intended when he made the comments. |