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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.com Date: Fri, 29 Apr 2011 11:24:19 -0400 CC: dhsullivan@aol.com; dwight.sullivan@pentagon.af.mil; kirk.sripinyo@navy.mil; haytham@puckettfaraj.com To: babu_kaza@hotmail.com No, 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
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