From: Ted To: Haytham CC: 'Dream-Team' Attorneys Okay, so the .PDF doc is 'DD Form 457;' and, it's just that - a Form, stating that I was advised of my rights, etc. -The more informative attachment is the Word doc entitled, "Art 32 ICO Card;" it's a 7-pages that start dry; but, get pretty good at about page 4. 1. I think the critical text is, "as set forth in the Report, there are reasonable grounds to conclude that [the Accused (me)] committed the alleged misconduct. [However, the IO is not recommending a court-martial,] based upon the current state of the evidence - it is insufficient for the Govt to prove its case [beyond a reasonable doubt.] 2. As of now, I am unclear as to whether this report has made it to the IMEF/SJA, yet. I am assuming that once it does, he'll advise the Convening Authority (IMEF Commanding General), at the CG's convenience. 3. I'm quite disappointed the IO didn't spend more than just a few, cursory lines discussing the NCIS' chief investigator, and the manner in which he conducted the investigation. But, I guess that really wasn't his (the IO's) job, in this matter. His job was to advise the CG, as to whether 'probable cause' exists and to make recommendations concerning the sagacity of trying this case at GCM, correct? Certainly, he strongly discourages the latter; but, the report ~could~ be interpreted in such a way, as to conclude the IO believes I did, in fact, commit a LOAC Violation - and, the Govt is just too screwed-up to prove it. This frustrates me; quite a bit... 4. Regardless, my thoughts now are that the CG will dismiss charges, when he gets around to it. By sometime in June, I'll need to petition HQMC to consent to my promotion to LtCol. Also in June, I envision trading some eMail traffic with the LtCol's monitor, while I 'scrape & claw' for the best of the worst jobs he never got around to filling from this year's summer rotation. -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Wednesday, May 04, 2011 16:31 To: Card Maj Edward T; Ted Card Subject: Fwd: INTESTIGATING OFFICER'S REPORT ICO MAJ CARD Haytham Faraj Sent from my iPhone Begin forwarded message: From: "Goode Maj Andrea C" <andrea.c.goode1@usmc.mil> Date: May 4, 2011 7:16:22 PM EDT To: "Workman Maj Adam J" <adam.j.workman1@usmc.mil>, "Haytham" <haytham@puckettfaraj.com>, "Baehr Capt James S" <james.baehr@usmc.mil> Cc: "Gordon Capt Evan R" <evan.gordon@usmc.mil> Subject: FW: INTESTIGATING OFFICER'S REPORT ICO MAJ CARD DCs, Here is the IO report. Read it and weep. Or celebrate. Your choice. S/F Maj G -----Original Message----- From: Daly Maj Alison L Sent: Wednesday, May 04, 2011 14:57 To: Goode Maj Andrea C Subject: FW: INTESTIGATING OFFICER'S REPORT ICO MAJ CARD Andie, I heard you did not have this. SF, Alison Major Alison Daly, USMC (760)725-9289 DSN: 365 -----Original Message----- From: Hood Maj William D Sent: Monday, May 02, 2011 7:54 To: Daly Maj Alison L Subject: FW: INTESTIGATING OFFICER'S REPORT ICO MAJ CARD Alison, Art 32 IO report attached. S/f, Bill -----Original Message----- From: Rubin LtCol Peter R Sent: Sunday, May 01, 2011 9:48 To: Hood Maj William D Cc: Erickson LtCol Daren J Subject: FW: INTESTIGATING OFFICER'S REPORT ICO MAJ CARD Major Hood, Good morning. LtCol Erickson told me to send you the IO report ICO Maj Card when completed - please see the two attached documents (DD Form 457 and additional written matters). As set forth in the report, there are reasonable grounds to conclude that Maj Card committed the alleged misconduct. However, I am not recommending a court-martial based on the current state of the evidence - it is insufficient for the Govt to prove its case BRD. SSgt Meyers is finishing up transcribing all the witness testimony - it is 400+ pages and should be completed this week. I would be happy to come over and brief/answer questions if needed. I am at Miramar handling a GCM this week - I probably will not be available until sometime the week of 9 May. Please let me know if there are any questions or additional info is needed. Thanks. R/ LtCol Rubin LtCol P.S. Rubin, USMC Military Judge Sierra District - Western Judicial Circuit 760-725-6286 office ---------------------------------------------------------------------------- PRIVILEGED and CONFIDENTIAL. The information contained within this correspondence is intended only for the use or the addressee(s) above. Please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this communication in error should notify the sender at the telephone or email address above.
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