Classification: Unclassified
Trial Counsel
What is the government's position?
COL Pohl
----- Original Message -----
From: Haytham Faraj <haytham@puckettfaraj.com>
To: Pohl, James L COL MIL USA
Cc: Wardlow, Russell D CPT MIL US USA FORSCOM; Douglas, Laquisha S CPT MIL USA FORSCOM; Wright, Matthew E CPT MIL US USA FORSCOM; Benjamin, Valerina SSG MIL USA FORSCOM
Sent: Wed Aug 10 09:06:12 2011
Subject: Re: Saleh - Charge III (UNCLASSIFIED)
Your honor,
I had not read Fosler. In light of the court's analysis in that case it appears to me that neither specification under Charge III states an offense for failure to include the terminal elements - prejudice to good order and discipline or service discrediting conduct- in the specifications.
Vr,
Haytham Faraj
Sent from my iPad
On Aug 10, 2011, at 8:29 AM, "Pohl, James L COL MIL USA" <james.pohl@us.army.mil> wrote:
> Classification: UNCLASSIFIED
> Caveats: NONE
>
> All
>
> In light of CAAF's recent decision in US v. Fosler, __ M.J. __, No.
> 11-0149/MC (C.A.A.F. Aug. 8, 2011), what is the position of the parties
> whether Charge III states offenses?
>
> COL Pohl
>
> Classification: UNCLASSIFIED
> Caveats: NONE
>