I think that getting an affidavit about "what the TX hotline told me" is a bad idea. If LtCol Vokey is unwilling to say that he would zealously represent Wuterich then an affidavit from a separate attorney saying that they called the hotline and got an informal and non-confidential opinion based on a brief description of the case wherein the attorney says "I called the TX state bar and they said 'it's good to go'" is not going to help us. Disregarding the fact that it's hearsay for a moment, it's completely non-binding on the bar and rendered based solely on the facts provided to the bar by us. Because of this, the statement is totally meaningless. All it says is that we can explain the case to the Texas hotline in such a way that they'll say (but not be bound to this statement) that they wouldn't sanction Vokey. The Court's going to recognize that, and give it no weight--if it even chooses to allow the attachment. Even worse though, it suggests that Vokey wouldn't zealously represent Wuterich if ordered back to active duty. Why else would some OTHER attorney be making this statement? Certainly they'll figure out that we asked Vokey to make that very statement, and that he was at least concerned enough with the ethical obligations that he chose not to. Beyond this, Babu spent 30 minutes trying to convince the Court that the rights at issue were Wuterich's rather than Vokey's. The Court continuously focused on Vokey's rights and ethical obligations. If we entertain the question of what the TX bar will do to Vokey post trial, we're telling the court that it was correct to do so. That's wrong. And it's dangerous to our case because it focuses the Court's attention where we don't want it, back on Vokey rather than on Wuterich. I realize that we're trying to close the hole of "what will Vokey do," so that we can make the court comfortable with ordering an abatement, but we just don't close the hole without a statement directly from Vokey. What has he said? v/r Sip -----Original Message----- From: Babu Kaza [mailto:babu_kaza@hotmail.com] Sent: Tuesday, August 09, 2011 9:46 To: dwight.sullivan@pentagon.af.mil; dhsullivan@aol.com; neal@puckettfaraj.com; Sripinyo, Kirk Major NAMARA, CODE 45; ksripinyo@yahoo.com Cc: haytham@puckettfaraj.com; meridith.marshall@usmc.mil Subject: RE: Vokey Declaration Good point sir. Makes sense to have a non-counsel do it. > From: Dwight.Sullivan@pentagon.af.mil > To: babu_kaza@hotmail.com; dhsullivan@aol.com; neal@puckettfaraj.com; kirk.sripinyo@navy.mil; ksripinyo@yahoo.com > CC: haytham@puckettfaraj.com; meridith.marshall@usmc.mil > Date: Tue, 9 Aug 2011 09:40:57 -0400 > Subject: RE: Vokey Declaration > > Roger that, but I would suggest having a counsel who isn't counsel in this > case make that call. Maj Sip, do you have someone who could do that? > > Semper Fi, > DHS > > Dwight H. Sullivan > Senior Appellate Defense Counsel > Air Force Appellate Defense Division > (AFLOA/JAJA) > 1500 West Perimeter Road, Suite 1100 > Joint Base Andrews, MD 20762 > 240-612-4773 > DSN: 612-4773 > Fax: 240-612-5818 > > > -----Original Message----- > From: Babu Kaza [mailto:babu_kaza@hotmail.com] > Sent: Tuesday, August 09, 2011 9:36 AM > To: dhsullivan@aol.com; neal@puckettfaraj.com; kirk.sripinyo@navy.mil; > ksripinyo@yahoo.com > Cc: Sullivan, Dwight H CIV USAF AFLOA/JAJA; haytham@puckettfaraj.com; > meridith.marshall@usmc.mil > Subject: Vokey Declaration > > Team Wuterich, > > Any luck with getting the declaration from Vokey? > > If not, or as an addition, I was thinking that maybe one of us could call > the Texas Bar 1-800 number, and lay the situation out, and see what they > say? Would they discipline an attorney with an imputed conflict, who is > recalled to active duty to try a case, and then returned to his firm 2 > months later? > > Although they can't issue an ethics opinion, based on what they said > couldn't we do a declaration from one of us saying that we called the Texas > bar 1-800 number and they would be fine with this if Vokey was recalled? > > That would get us around any unwillingness on the part of LtCol Vokey to do > his own declaration. > > s/f > > Babu > >
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