Re: Wuterich follow-up

On Jun 6, 2011, at 3:29 PM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote:

I'm going to go over to Code 45 tomorrow and pick up what Keller filed. But
I'm thinking of the possibility of moving to file a motion to allow us to
pose interrogatories to Gannon. We should think of the questions we'd like
to ask him. Maj Marshall's below is a great one.

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: Marshall Maj Meridith L [mailto:meridith.marshall@usmc.mil]
Sent: Monday, June 06, 2011 3:27 PM
To: Puckett Neal; Sripinyo, Kirk Major NAMARA, CODE 45; Sullivan Dwight
Cc: Faraj Haytham; Sullivan, Dwight H CIV USAF AFLOA/JAJA; Babu Kaza
Subject: RE: Wuterich follow-up

Gents,

I am sure he didn't go alone. I wonder who else was with him.

Major Meridith L. Marshall
Senior Defense Counsel
MCAS, Miramar
858-577-1720 (desk line)
dsn 267-1720
858-997-8332 (government cell)
meridith.marshall@usmc.mil

-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Monday, June 06, 2011 11:58 AM
To: Sripinyo, Kirk Major NAMARA, CODE 45; Sullivan Dwight
Cc: Faraj Haytham; Sullivan Dwight; Babu Kaza; Marshall Maj Meridith L
Subject: Re: Wuterich follow-up

Well, guys, we know Maj Gannon went to Iraq in conjunction with the
investigation this case. If he didn't want to call it a "site visit," we
may be talking about mere semantics here. If he didn't bother to visit the
scene out at Route Chestnut, then that may be why they're pushing back on
the issue.
Neal

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

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On Jun 6, 2011, at 12:37 PM, Sripinyo, Kirk Major NAMARA, CODE 45 wrote:

Sir-

I just received paper copies of the following:

(1) Gov't motion to attach Unauthenticated versions of the record of trial,
government argument on the issue below, and the judge's FoF and conclusions
of law.

(2) Unauthenticated record of the Article 39(a) session that occurred on 25
April 2011.

(3) Judge Jones' FoF and Conclusions of law dated 31 May 2011.

(4) The government's written argument on the defense motion below.

(5) Appellate government's motion to remove the stay of proceedings and
expedite review of the case. In it the government says, among other things,
that Neither LtCol Sullivan nor Maj Gannon has ever visited the site.

There's frankly too much here to scan. I can fedex it to you if you give me
an address. The service document says that this stuff was served on me and
the "counsel of record" on June 3rd. Did anyone else receive this stuff?

v/r
Sip

-----Original Message-----
From: DHSULLIVAN@aol.com [mailto:DHSULLIVAN@aol.com]
Sent: Sunday, June 05, 2011 14:55
To: neal@puckettfaraj.com
Cc: haytham@puckettfaraj.com; Sripinyo, Kirk Major NAMARA, CODE 45;
Dwight.Sullivan@pentagon.af.mil; babu_kaza@hotmail.com;
meridith.marshall@usmc.mil
Subject: Re: Wuterich follow-up

Oorah. I think we certainly shouldn't file tomorrow. We should be ready to
file on 9 June but then decide whether we actually want to. I'll begin
drafting the mandamus petition today.

Semper Fi,
DHS

In a message dated 6/5/2011 12:18:16 P.M. Eastern Daylight Time,
neal@puckettfaraj.com writes:

I believe the correct answer is, "neither."

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com <http://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 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.

On Jun 5, 2011, at 11:45 AM, DHSULLIVAN@aol.com wrote:

Haytham,

I seem to have misremembered. I think this is what I was thinking of:

"I will send the transcript of the ex parte proceeding to the Clerk of Court
for NMCCA. I have already made corrections to the record which have been
captured by my identity and the date and time of the change."

So it's possible that NEITHER transcript has been filed with NMCCA yet. So,
Maj Sip, please hold off on filing the motion I suggested. Is it possible
to check with NMCCA tomorrow to see whether either transcript has been filed
yet? If neither transcript has been filed, that would seem to strengthen
the case for waiting past 9 June to file our mandamus petition. If Jones
waits until 13 June to file the authenticated transcript and we have to then
file our motion for access to the sealed transcript, it literally might not
be possible to file our mandamus petition until next week.

Semper Fi,
DHS

In a message dated 6/5/2011 11:30:22 A.M. Eastern Daylight Time,
DHSULLIVAN@aol.com writes:

Thanks, Haytham. My recollection is that Jones filed an authenticated copy
of the sealed ROT with NMCCA. I'll try to verify that. But I don't think
I've heard of him filing an authenticated copy of the unsealed ROT.

Maj Sip, would you be so kind as to file a motion with NMCCA tomorrow for
us to access the sealed portion of the ROT. (We don't wan't to file a
motion to unseal it; we don't want the government to have access to it, but
we need access to it ourselves. The motion should be similar to what we
filed at CAAF, attached.)

Semper Fi,
DHS

In a message dated 6/5/2011 11:26:15 A.M. Eastern Daylight Time,
haytham@puckettfaraj.com writes:

I don't believe Jones has authenticated a copy of the sealed portion. He
asked Gannon to forward the record to the court including the sealed portion
but directed that only the court reporters handle it.

None of us have the sealed portion.

Haytham Faraj
Sent from my iPhone

On Jun 5, 2011, at 10:29 AM, DHSULLIVAN@aol.com wrote:

Team Wuterich,

Two questions which give rise to other questions:

(1) Has Jones authenticated the non-sealed portions of the ROT of the
Article 39(a) session yet?

(2) Do Neal, Hatham, and/or Meredith have access to the sealed ROT of the
ex parte hearing?

The answer to (1) affects our optimal filing date. If Jones hasn't filed
the authenticated ROT before 9 June, there's no reason for us to file our
mandamus petition before then. If Jones hasn't filed the authenticated ROT
by 9 June, we'll have to make a decision about whether to go beyond 20 days
from the ruling complained of to file the mandamus petition.

If the answer to (2) is no, Maj Sip, can you please file a motion with NMCCA
tomorrow for access to the sealed ROT?

Oh, and a third question -- Maj Kaza, were you able to get associate duty
orders but?

Semper Fi,
DHS

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