I wanted all of them to leave no doubt that there were no substantive ex parte communications. Including all the emails doesn't prove that none are missing, but it does show good faith effort on the part of the IO to include all parties in scheduling and pre-hearing matters. Original 32 report was mailed first class, return receipt mail on Monday 3 July to the Quantico SJA's office, attention to you. We have not yet received the return receipt back indicating the item was delivered, so it's likely still in the military postal system. s/f, rgb Butch Bracknell Lieutenant Colonel of US Marines Director, Joint Law Center and Staff Judge Advocate MCAS New River Jacksonville, NC 28545-1002 O: (910) 449-6160 M: (757) 287-4704 -----Original Message----- From: Hoover Capt Christopher M Sent: Wednesday, July 13, 2011 10:51 To: Rob Bracknell; Bracknell LtCol Robert G Cc: haytham@puckettfaraj.com; McConnell Sgt Matthew C Subject: RE: Draft Report -- final to be delivered tomorrow Sir, I have not received the signed Art 32 report. Can we verify that it has been sent and when? Also, I had trouble discerning what you wanted in IE-6. Scheduling and post-hearing emails were numerous, and I am left to speculate as to which emails you are referencing. Respectfully, Captain Christopher M. Hoover, USMC Military Justice Officer MCB Quantico Work: (703) 784-0037 Cell: (603) 809-5781 -----Original Message----- From: Rob Bracknell [mailto:rob.bracknell@gmail.com] Sent: Wednesday, June 29, 2011 22:50 To: Hoover Capt Christopher M; haytham@puckettfaraj.com; McConnell Sgt Matthew C Cc: Bracknell LtCol Robert G Subject: Draft Report -- final to be delivered tomorrow This will help both sides get a jump start tomorrow on resolving this case. Summary of my rec: this is not a GCM case because the Article 120 and related sexual assault-type offenses are unprovable through the testimony of 1stLt Klay, and there is insufficient independent corroboration to shore up her testimony. Moreover, there is a problem with the charging theory on the element of force -- the acts alleged by the government do not constitute "force" within the meaning of the sexual assault statutes. Capt Rowe rates punishment for a handful of lesser offenses at a lower forum and should be separated from the Marine Corps, but not through the means of a GCM. You can reach me after tomorrow at my gmail address or my usmc.mil address. I will join at New River Friday morning. s/f, rgb -- Butch Bracknell Lieutenant Colonel, US Marine Corps CMC Fellow, The Atlantic Council rbracknell@acus.org 757-287-4704
Attachment:
smime.p7s
Description: S/MIME cryptographic signature