RCFP: Murtha's immunity claim upheld in defamation suit

NEWS MEDIA UPDATE D.C. Cir. · April 14, 2009 · Libel

Murtha's immunity claim upheld in defamation suit

A defamation lawsuit against U.S. Rep. John Murtha (D-Pa.) is set to be dismissed after the U.S. Court of Appeals for the District of Columbia (D.C. Cir.) ruled Tuesday that the plaintiff had not shown that Murtha's disputed comments to news reporters went beyond the bounds of his job.

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Murtha was sued in August 2006 by Marine Staff Sergeant Frank Wuterich over remarks the congressman made to reporters about a gunfight in Haditha, Iraq that left more than 20 civilians dead. Wuterich is currently awaiting trial over his role that day.

Murtha reportedly told the news outlets the Haditha killings were a matter of "cold-blooded murder and war crimes." Wuterich claimed that was false and defamatory.

Under the Westfall Act, Senior Circuit Judge Harry Edwards wrote in Tuesday's opinion, a federal employee is immune to lawsuits so long as the attorney general certifies that he was, at the time of the incident, acting within his scope of employment. Accordingly, Murtha obtained the attorney general's certification that he'd spoken as a congressman. But the district court denied the certification to allow Wuterich to conduct limited discovery, with depositions, on the scope-of-employment issue.

Murtha appealed, and the three-judge panel found in his favor.

Compelling Murtha to go through discovery would undermine his immunity, the appellate court found; further, Wuterich did not go far enough in alleging that Murtha had spoken outside the confines of his job to warrant denial of the attorney general's certification.

Drawing on Council on Am. Islamic Relations, Inc. v. Ballenger, in which the dismissal of another defamation suit against a congressman was upheld, Edwards wrote that "the underlying conduct – interviews with the media about the pressures on American troops in the ongoing Iraq war – is unquestionably of the kind that Congressman Murtha was employed to perform as a Member of Congress."

The district court order was vacated and the case was sent back with instructions that, in keeping with the Westfall Act, the U.S. government replace Murtha as the defendant. Sovereign immunity protects the government from a defamation suit; the suit is expected to be dismissed.

— Kathleen Cullinan, 3:07 pm

Comments: (6)

Comment by victory, Tue, Apr 14, 3:58pm

So as long as you are a paid politician it's okay to grandstand to the large audiences that the media affords and falsely call someone a cold blooded murderer? Good bye sweet America.

Comment by Howard Beale, Tue, Apr 14, 6:35pm

John Murtha is not only a paid politician, he is a paid-off politician schooled by some of the best in the bordello known as the liberal side of the House floor. I recently traveled through the heartland of this great nation of ours, and during my travels, encountered groups of marines, soldiers and sailors. Without fail, I made it a point to shake their hands and offer my gratitude on the part of a supportive nation. Had I seen Murtha - he would have gotten an Iraqi salute with both shoes.

Comment by ed, Tue, Apr 14, 6:56pm

Murtha is anti-American and a crook. This link shows he is involved in moving funds around to people he associates with. He needs to be removed from office.

www.upi.com/Top_News/2009/03/16/US-funding-redirected-to-Murtha-backers/UPI-10351237260145/

Comment by Milton Thornton, Tue, Apr 14, 7:14pm

John Murtha is a perfect example of everything that is wrong with our Congress. I wish he and the other grandstanding sociopathic crooks would leave office.

Comment by Nancy, Fri, Apr 17, 12:32pm

Gitmo FREEDOM

PROSECUTE OUR OWN SOLDIERS????????????????????

See ANYTHING WRONG here!!!!!

Murtha and other like him HAVE TO GO!!!

Comment by Muddled and befuddled In Murtha-land, Fri, Apr 17, 1:55pm

I know we as American's enjoy (and should cherish) our freedom of speech; but when will Members of Congress muster the courage to say "enough is enough" and do what the people in his congressional district are too weak to do....bounce Murtha from Congress!

From the start of his career in Congress, Murtha has put himself in questionable positions (caught on tape by the FBI NOT TAKING A BRIBE but directing agents to one of his friends who would take it for him for christmas sake!)

Are these the people we want digging us out of the various messes that they and their lack of character got us into in the first place?

Read recent media reports on the guy, and the FBI continues to investigate his every questionable move.

He seems to get away with idiotic comments directed at our military because he once served in the USMC. (so did Oswald)

It's a sad reflection on us as a country that people like Murtha get elected in the first place, but more so that the voters...after years and years, don't retire the guy through the power of the ballot.

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