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9/29/2007 3:32 AM

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Associated Press

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Associated Press

WASHINGTON - 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 in the case.

A Marine Corps sergeant is suing the 16-term congressman for alleging "cold-blooded murder and war crimes" by unnamed soldiers in connection with the deaths of Iraqi civilians in the town of Haditha.

The deaths became known in May 2006 when Murtha, who opposes the Iraq war, said at a Capitol Hill news conference that a Pentagon war crimes investigation will show Marines killed dozens of innocent Iraqi civilians in the town in 2005.

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Murtha's office declined to comment on the ruling. He has said his intention was to draw attention to the pressure put on troops in Iraq and to cover up the incident. 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 said she was troubled by the idea the lawmakers are immune from lawsuits regardless of what they say to advance their political careers.

Mark S. Zaid, the attorney for the plaintiff, Marine Staff Sgt. Frank Wuterich, said he wanted Murtha's deposition and limited documents from the congressman, including calendars and documents related to which reporters he spoke to.

Zaid said Murtha was not acting within his congressional duties and was instead trying to embarrass then-Secretary of Defense Donald Rumsfeld, with whom Zaid said Murtha had a personal dispute.

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.

Charges have been dismissed against four of the eight Marines who were initially charged with murder or failure to investigate the deaths in Haditha. A battalion commander has been recommended for a court-martial; a final decision is pending.

The investigating officer overseeing the Haditha case is expected to recommend soon whether Wuterich should stand trial. Wuterich, 27, of Meriden, Conn., is accused of unpremeditated murder in 17 of the killings.

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