| So to review the bidding: I asked for something that already exists and has been provided to NMCCA by the MJ, pursuant to their order. The MJ responds by, in essence, asking the government's permission ("any objection?"). Now comes the government and provisionally denies him permission. This from a MJ who has given the government everything they asked for, evidenced by cutting and pasting their positions into his rulings, to include repeating clearly erroneous rulings. I think we need to challenge the MJ for cause, as lacking impartiality. Someone tell me if I'm wrong to think we're in the Twilight Zone here. Thoughts? Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 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 703-706-9566 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. Begin forwarded message: From: "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil> Date: July 8, 2011 10:41:45 AM EDT To: "Jones LtCol David M" <david.m.jones5@usmc.mil>, "Puckett Neal" <neal@puckettfaraj.com> Cc: "Sullivan LtCol Sean" <sean.sullivan@usmc.mil>, "Haytham Faraj" <haytham@puckettfaraj.com>, "Marshall Maj Meridith L" <meridith.marshall@usmc.mil> Subject: RE: R.C.M. 802 conference ICO U.S. v. Wuterich Sir, Until I can speak with Code 46, we object. If I am correct, the CCA just denied a defense motion on this issue. The government respectfully requests the court's permission to consult with appellate government, and finalize our position after that consultation. Very respectfully, Maj Gannon -----Original Message----- From: Jones LtCol David M Sent: Friday, July 08, 2011 0:13 To: Puckett Neal Cc: Gannon Maj Nicholas L; Sullivan LtCol Sean; Haytham Faraj; Marshall Maj Meridith L Subject: RE: R.C.M. 802 conference ICO U.S. v. Wuterich Government, Any objection? R, LtCol David M. Jones Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Tuesday, July 05, 2011 23:57 To: Jones LtCol David M Cc: Gannon Maj Nicholas L; Sullivan LtCol Sean; Haytham Faraj; Marshall Maj Meridith L Subject: Re: R.C.M. 802 conference ICO U.S. v. Wuterich Judge Jones, Would you you please provide the defense with a copy of the authenticated transcript of the ex-parte hearing, including the password by separate, ex-parte email? V/r, Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com www.twitter.com/puckettfaraj 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 703-706-9566 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. On Jun 29, 2011, at 10:41 PM, Jones LtCol David M wrote: Thank you, I'll stand by. R, LtCol David M. Jones Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Wednesday, June 29, 2011 23:34 To: Jones LtCol David M Cc: Sullivan LtCol Sean; 'Neal Puckett'; 'Haytham Faraj'; Marshall Maj Meridith L Subject: RE: R.C.M. 802 conference ICO U.S. v. Wuterich Sir, The defense has proposed 3 Oct 2011 as a start date. I am in the process of determining the impact of that date on the witnesses. I will work to expedite that process and will either agree to the 3 Oct 2011 date, or request a different date no later than the end of the week (so long as that COA is acceptable with the Court). Very respectfully, Maj Gannon -----Original Message----- From: Jones LtCol David M Sent: Wednesday, June 29, 2011 1:57 To: Gannon Maj Nicholas L Cc: Sullivan LtCol Sean; 'Neal Puckett'; 'Haytham Faraj'; Marshall Maj Meridith L Subject: RE: R.C.M. 802 conference ICO U.S. v. Wuterich All, I see that the Hohman case is out. Please let me know what your dates are for the trial. As I understood it, you were all going to talk together and you did not need my intervention. Thank you. R, LtCol David M. Jones Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Tuesday, June 14, 2011 5:20 To: Jones LtCol David M Cc: Sullivan LtCol Sean; Neal Puckett; Haytham Faraj; Marshall Maj Meridith L Subject: R.C.M. 802 conference ICO U.S. v. Wuterich Your Honor, The government respectfully requests a telephonic R.C.M. 802 conference as soon as the Court is available. I propose that we conduct the R.C.M. 802 conference on 14 June 2011, at 1700 California time, 2000 East Coast time, and 0900 (15 June 2011) Okinawa time/ date. The defense has indicated that they are available at the above proposed time Sir. Our conference line number is 760-725-8101. The topic of the R.C.M. 802 conference will be the Stay of the proceedings issued by the CCA on 27 May 2011. Very respectfully submitted, Major Gannon |