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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
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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