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RE: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty

GREAT point!  In our first motion for a stay last round, we asked for a verbatim transcript.  NMCCA said no.  CAAF reversed them on that.  So you all should ask the trial counsel and we'll put it in the requested relief in Monday's filing.

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: Friday, May 20, 2011 11:35 AM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA; neal@puckettfaraj.com
Cc: dhsullivan@aol.com; haytham@puckettfaraj.com; meridith.marshall@usmc.mil
Subject: RE: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty

It may be worthwhile to go ahead and request from the Government a verbatim transcript of the 39(a) in which this was litigated.  I am willing to bet they already have it. 
 
> From: Dwight.Sullivan@pentagon.af.mil
> To: neal@puckettfaraj.com
> CC: dhsullivan@aol.com; babu_kaza@hotmail.com; haytham@puckettfaraj.com; meridith.marshall@usmc.mil
> Date: Fri, 20 May 2011 10:26:45 -0400
> Subject: RE: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty
> 
> Roger that. I'll prepare a draft over the weekend. But I'm a single dad on Saturday, so I probably won't be able to circulate anything until Sunday.
> 
> 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: Neal Puckett [mailto:neal@puckettfaraj.com] 
> Sent: Friday, May 20, 2011 10:25 AM
> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
> Cc: Sullivan Dwight; Babu Kaza; Faraj Haytham; Marshall Meridith
> Subject: Re: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty
> 
> I leave for Oki in the morning. Haytham should be more available. 
> 
> Neal A. Puckett, Esq.
> LtCol, USMC (Ret)
> Senior Partner
> Puckett & Faraj, PC
> 703.706.9566
> www.puckettfaraj.com
> 
> On May 20, 2011, at 10:13, "Sullivan, Dwight H CIV USAF AFLOA/JAJA"<Dwight.Sullivan@pentagon.af.mil> wrote:
> 
> > YES!!! I would suggest that the first thing we do is prepare a petition asking NMCCA to stay the proceedings, with the exception of the military judge entering his findings of fact and conclusions of law. I suggest we file that on Monday. I'm happy to take a first stab at that over the weekend.
> > 
> > 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: Neal Puckett [mailto:neal@puckettfaraj.com] 
> > Sent: Friday, May 20, 2011 10:11 AM
> > To: Neal Puckett
> > Cc: Sullivan Dwight; Sullivan, Dwight H CIV USAF AFLOA/JAJA
> > Subject: Re: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty
> > 
> > He's going to delay issuing findings AA he has in the past. How can we do a writ petition without them?
> > 
> > Neal A. Puckett, Esq.
> > LtCol, USMC (Ret)
> > Senior Partner
> > Puckett & Faraj, PC
> > 703.706.9566
> > www.puckettfaraj.com
> > 
> > On May 20, 2011, at 10:08, Neal Puckett <neal@puckettfaraj.com> wrote:
> > 
> > 
> > 
> > FYI. 
> > 
> > Neal A. Puckett, Esq.
> > LtCol, USMC (Ret)
> > Senior Partner
> > Puckett & Faraj, PC
> > 703.706.9566
> > <http://www.puckettfaraj.com> www.puckettfaraj.com
> > 
> > Begin forwarded message:
> > 
> > 
> > 
> > From: "Jones LtCol David M" < <mailto:david.m.jones5@usmc.mil> david.m.jones5@usmc.mil>
> > Date: May 20, 2011 10:02:08 EDT
> > To: "Gannon Maj Nicholas L" < <mailto:nicholas.gannon@usmc.mil> nicholas.gannon@usmc.mil>
> > Cc: "Neal Puckett" < <mailto:neal@puckettfaraj.com> neal@puckettfaraj.com>, "Haytham Faraj" < <mailto:haytham@puckettfaraj.com> haytham@puckettfaraj.com>, "Marshall Maj Meridith L" < <mailto:meridith.marshall@usmc.mil> meridith.marshall@usmc.mil>
> 
> > Subject: RE: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty
> > 
> > 
> > 
> > Counsel,
> > 
> > The Defense Motion to Abate the Proceedings Until the ACR with Detailed Counsel is Restored is DENIED. 
> > 
> > I have not completed my F of F and C of Law so I will get that out later. I have had to deal with a serious family health issue this week and hope to get out the written justification next week, answering all of the guidance provided by CAAF.
> > 
> > But, for planning purposes, the trial is still scheduled for 27 June to 22 July. There will be no more continuances and the case will go as scheduled unless an appellate court orders a Stay. 
> > 
> > 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: Friday, April 29, 2011 9:55
> > To: Jones LtCol David M
> > Cc: Neal Puckett; Haytham Faraj; Marshall Maj Meridith L
> > Subject: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty
> > 
> > Your honor,
> > 
> > I hope you had a safe trip back to Japan. Attached is the government's written argument ICO U.S. v. Wuterich. Please note that I have included several attachments to the argument. Including two affidavits that are newly obtained (Ingersoll & Tate). I will ensure that the this new evidence is marked as the next appellate exhibits in order, and attach them to the record at our next Article 39a session.
> > 
> > Very respectfully,
> > Maj Gannon
> > 
> >