That's the kind of commentary that brings a smile to my face on a Friday! But I suspect H and N, too, pull a lot of stunts that would result in us being presented with our asses by an appellate court judge.
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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 Apr 29, 2011, at 12:51 PM, Babu Kaza wrote: Got it. I guess if LtCol Jones dithers on a ruling the next step is writ of mandamus to NMCCA. Incidentally, there has been a Presidential declaration of emergency every year since Sept 11--it is in the CFR. It gives rise to involuntary recall authority. It's funny that Gannon spends all this time saying that involuntary recall is unlikely for just a court-martial, when in fact according to his own evidence the one time a retired Marine was involuntarily recalled over the past 10 years was for a court-martial (Encl 3). That Gannon does not explicitly state that in his argument is shameful, and he would have his ass handed to him by NMCCA if he pulled that in an appellate brief.
Subject: Re: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty From: neal@puckettfaraj.comDate: Fri, 29 Apr 2011 11:24:19 -0400 CC: dhsullivan@aol.com; dwight.sullivan@pentagon.af.mil; kirk.sripinyo@navy.mil; haytham@puckettfaraj.comTo: babu_kaza@hotmail.comNo, Sir. Just for your SA. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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 Apr 29, 2011, at 11:02 AM, Babu Kaza wrote: Do you want to do a Reply?
Subject: Fwd: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty From: neal@puckettfaraj.comDate: Fri, 29 Apr 2011 10:29:00 -0400 CC: kirk.sripinyo@navy.mil; babu_kaza@hotmail.comTo: DHSULLIVAN@aol.com; dwight.sullivan@pentagon.af.milHaytham objected to this submission. His objection to follow. Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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. Begin forwarded message: Date: April 28, 2011 8:54:55 PM EDT
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
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