I am inclined to support NJP and a RILT. Captain Christopher M. Hoover, USMC Military Justice Officer MCB Quantico Work: (703) 784-0037 Cell: (603) 809-5781 -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Tuesday, July 05, 2011 11:20 To: Hoover Capt Christopher M Cc: Mcconnell Major Matthew N Subject: Re: ROWE I can recommend an NJP. I cannot advise a BOI waiver. What I can support is a request for a resignation. If that is something you can get behind, I'll discuss it with Capt Rowe. I'm happy to recommend that this case go away. But I will not recommend that my client bear a greater burden than he is responsible for. Vr, Haytham Faraj Sent from my iPhone On Jul 5, 2011, at 10:42 AM, "Hoover Capt Christopher M" <christopher.hoover@usmc.mil> wrote: > If you gave me a NJP with a BOI waiver, I would support it with the command, pleading only to 133. I am working on a TC memo and I think the timing of a PTA along with the Art 32 report and memo could work with the CA in the case. > > 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 >
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