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RE: Wacker list of individuals



Gents, 

Maj Shaw has no AC with Captain Wacker, was simply a fellow student attending USD, and burden will be on defense to file a motion setting forth facts to establish any alleged AC relationship that would lead to any right to assert a privilege.  Same goes for Mr. Ted Wacker, a written pleading with attached affidavits from Major Shaw and Ted Wacker will be required to set forth facts which establish any privileged relationship 

LTCOL Sean M. Sullivan, USMCR
Staff Judge Advocate, MCRD
3700 Chosin Ave, Building 12
San Diego Ca 92140
(O)  619 524 4104 DSN 524 4104
(BB) 619 302 2145  


-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Wednesday, August 11, 2010 8:18
To: Day Capt Evan S
Cc: Hur Capt Christian P; Sullivan LtCol Sean; Hatch MAJ Douglas C; mariam@puckettfaraj.com
Subject: RE: Wacker list of individuals

Capt Day:
We will get you the email addresses you requested.  Regarding Maj Shaw, our
client asserts a privilege to communications he had with Maj Shaw regarding
this case.  The standard on A/C privilege is the client's state of mind.  It
is my understanding the Maj Shaw provided advice early in the case.  If
there is a disagreement as to the facts, then I agree that it may be
something that we will have to resolve before the MJ.  If on the other hand
there is no issue as to the facts -that is that they did discuss the case-
then I think it is a matter of law that should be resolve before the
subpoena issues.

With respect to Mr. Ted Wacker, I personally represent that he and I had
consultations on this case.  He has been a member of this team from the
first day I was retained.  Although he has not made any appearances, he has
been engaged in this case and any communications between him and Capt Wacker
is privileged.  The fact that he does not practice criminal law is of no
relevance.  Mr. Ted Wacker is a highly experienced trial attorney, familiar
with the rules of evidence and trial strategies.  He is a licensed attorney
and is qualified to represent Capt Wacker.  I, therefore, request that his
email address be included in the list of exempted persons.  Please advise as
to your decision.  If you do not agree to add his name, I request that we
resolve this with the Military Judge before the subpoena issues.

I have no other concerns with the subpoena or the list of names.  Thank you
for providing it and giving me an opportunity to comment.

Vr,

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
_______________________
WASHINGTON DC METRO
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
703-706-0442 Phone

DETROIT METRO
6200 Schaefer Road
Suite 202
Dearborn, MI 48126 
313-457-1390 Phone
202-280-1039 Fax

www.puckettfaraj.com

The information contained in this electronic message is confidential, and is
intended for the use of the individual or entity named above. If you are not
the intended recipient of this message, you are hereby notified that any
use, distribution, copying of disclosure of this communication is strictly
prohibited. If you received this communication in error, please notify
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-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] 
Sent: Tuesday, August 10, 2010 4:03 PM
To: Haytham Faraj
Cc: Hur Capt Christian P; Sullivan LtCol Sean; Hatch MAJ Douglas C
Subject: RE: Wacker list of individuals

Mr. Faraj,

A draft subpoena and attachment regarding the email issue are attached.  The
legal admin officer will be a custodian of these records only (so no TC
touches them until after the MJ has reviewed them).  With regard to the list
of email addresses below:
- Spousal privilege issues should be mooted by the limited time frame of the
subpoena.
- Specific email addresses for Mr. DeSalvo, Mr. Blackburn, and Maj Lee will
make it much easier for those emails to be excluded from the subpoena
response.
- Maj Shaw: we have spoken to Maj Shaw on multiple occasions, due to the
fact that he has also been listed as a defense witness, and he has never
given any indication that any A/C privilege existed between him and Wacker.
- Ted Wacker: similarly to Maj Shaw, it is not clear to me how Capt Wacker's
communications with his brother would be "for the purpose of facilitating
the rendition of professional legal services," as opposed to a communication
with a sibling not covered by any privilege.  Mr. Wacker's official firm
biography shows no indication of him ever practicing criminal law.  If you
can show me some basis that a privilege exists here, I would be happy to
request that Google exclude those emails from the subpoena response.
Otherwise, that issue should probably be resolved by the MJ during the in
camera review.

Very Respectfully,
Captain Evan S. Day
Trial Counsel, Military Justice Office
Joint Law Center
3rd MAW/ MCAS Miramar
Comm: 858-577-1887
DSN: 312-267-1887
Fax: 858-577-1734

Classification: UNCLASSIFIED//LIMDIS
This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure
under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD
Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD
Instruction 5230.29,  and "Security and Policy Review of DoD Information for
Public Release".
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The
information contained in this message is privileged. It is intended only to
be read by the individual or entity addressed or their designee. If the
reader of this message is not the intended recipient, you are on notice that
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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Monday, July 19, 2010 11:10
To: Day Capt Evan S; Rubin LtCol Peter R
Cc: Hur Capt Christian P; twacker@rcrlaw.net
Subject: Wacker list of individuals

Capt Day:

Below is a list of attorneys with whom Capt Wacker or we -as his attorneys-
engaged in privileged communications.  Emails were either sent to or from
Capt Wacker to these individuals.  In some cases, emails were exchanged
between the people below in which Capt Wacker was cc'd.  I provide this list
without waiving any privileges.  I consider the fact that Capt Wacker
consulted with the people below to be privileged.  The defense maintains
that the Government has not met its burden to pierce the A-C privilege and
that the subpoena will do exactly that because it is too broad and,
therefore, unreasonable.  The information below is provided so that we may
limit what the defense considers a violation of the attorney-client
privilege and not in any way meant as a waiver of the privilege or a consent
to the search.

 

Ted Wacker twacker@rcrlaw.net;  twacker@gmail.com (A-C Privilege)

Alex Landon negall1121@hotmail.com (Attorney retained and consulted before
the USD hearing)  (A-C Privilege)

Frank DeSalvo (New Orleans) (Unknown emails) (A-C Privilege)

Bob Blackburn (New Orleans) (Unknown emails)  (A-C Privilege)

Capt David Ahn david.ahn@usmc.mil (A-C Privilege)

Capt Chris Hur christian.hur@usmc.mil; christian.hur@gmail.com (A-C
Privilege)

Maj Ken Lee (while he was civilian attorney) (Unknown emails)  (A-C
privilege)

Haytham Faraj haytham@puckettfaraj.com; farajh@gmail.com  (A-C Privilege)

Neal Puckett neal@puckettfaraj.com (A-C Privilege)

Prof Shaun Martin (USD) smartin@sandiego.edu (A-C Privilege)

Maj Chris Shaw jurismarine@gmail.com; (A-C Privilege)

Dalliana Wacker  dalliana.wacker@gmail.com;  (Spousal Privilege)

Marc Capobianco marc.Capobianco@med.navy.mil (psycho-therapist privilege)

 

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

_______________________

WASHINGTON DC METRO

1800 Diagonal Road

Suite 210

Alexandria, VA 22314

703-706-0442 Phone

 

DETROIT METRO

6200 Schaefer Road

Suite 202

Dearborn, MI 48126 

313-457-1390 Phone

202-280-1039 Fax

 

www.puckettfaraj.com <http://www.puckettfaraj.com/> 

 

The information contained in this electronic message is confidential, and is
intended for the use of the individual or entity named above. If you are not
the intended recipient of this message, you are hereby notified that any
use, distribution, copying of disclosure of this communication is strictly
prohibited. If you received this communication in error, please notify
Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.
You are required to purge this E-mail immediately without reading or making
any copy or distribution.

 


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