WASHINGTON -- Federal judges will hear arguments about whether Pennsylvania Rep. John Murtha should have to give a sworn deposition about his comments alleging "cold-blooded murder and war crimes" by unnamed Marines in connection with Iraqi civilian deaths in Haditha.

The case goes before the U.S. Court of Appeals for the District of Columbia on Tuesday morning.

The lawsuit was filed by Staff Sgt. Frank Wuterich, the only person still facing charges in the Haditha case.

The Justice Department wanted the case dismissed because Murtha was acting in his official role when he made the comments on Capitol Hill in 2005.

A federal judge has ordered Murtha to give a deposition in the case, but he's appealing the ruling.
A second Marine has also filed suit against Murtha.