In August 2006 , U.S. Representative John Murtha was sued by U.S. Marine Corps Staff Sergeant Frank D. Wuterich , over statements that Murtha had made to reporters about the Haditha massacre , an incident in Haditha , Iraq in which 24 civilians were killed after U.S. troops under Wuterich , a squad leader , opened fire . ( Wuterich was later court-martialed , and pleaded guilty to one count of negligent dereliction of duty in connection with the Haditha killings in a plea agreement with military prosecutors . ) In his 2006 complaint , Wuterich sued Murtha , alleging that the congressman 's comments to the press that the Haditha killings constituted " cold-blooded murder and war crimes " were defamatory and an invasion of privacy . The remarks were made at a press conference and in a follow-up television interview . Wuterich also sought to compel Murtha to sit for a deposition in the civil case . In 2007 , U.S. District Judge Rosemary M. Collyer ruled that Murtha must testify in the defamation case ; in response , commentators expressed concern that Murtha was acting as a lawmaker and was therefore protected by the Speech or Debate Clause . Murtha appealed , arguing that he had immunity from the lawsuit because he was acting in his legislative role by making the comments . In 2009 , the U.S. Court of Appeals for the District of Columbia ruled in Murtha 's favor , accepting his argument that he was acting in an official capacity , concluding that he was immune from suit , and ordering dismissal of the case for lack of subject-matter jurisdiction . This decision was based not on the Speech or Debate Clause of the Constitution , but on the Westfall Act , a federal statute that " accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties . "
Haditha massacre
Haditha massacre
Speech or Debate Clause