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.
"You're writing a very wide road for members of Congress to go to their home districts and say anything they choose about private persons and be able to do so without any liability. Are you sure you want to do that?" Collyer said, adding later, "How far can a congressman go and still be protected?"
Collyer said she was troubled by the idea the lawmakers are immune from lawsuits regardless of what they say to advance their political careers.
The judge is a Bush appointee and 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.
