Slander or Opinion

In 2005, Congressmen Jack Murtha went on news broadcast and accused marines in Haditha of being cold-blooded killers. The Marines were under investigation for and had been accused of the killing innocent civilians. The marines have now been exonerated and are suing Murtha for slander http://www.wjactv.com/news/17556169/detail.html. Do they have a case? These were certainly defamatory statements and they were broadcast, which would both fit standards of libel/slander. Though they were a group, they were also identified specifically as the marines in Haditha when incident took place. The plaintiff's will argue that Congressman Murtha is guilty of actual malice (standard for public officials for fault) because he showed reckless disregard in making the statement showing hostility toward the war, which the marines were engaged. The defendant will most likely argue that the statement was an opinion of facts already broadcasts or in the public domain, not a defamatory statement as alleged. They will say that Murtha did not identify the marines specifically and therefore not subject to federal libel/slander law. Lastly, the Plaintiffs will argue that due to their exoneration in court; Murtha's statements are proven false. The Defendants will argue that Murtha was acting in good faith at the time, and again, opining on public information. He may have problem because he would have access to information that would not be public die to his position. I give this to the marines; God Bless them!