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RE: Wuterich oral argument



Have I been confusing Monday and Tuesday?  Is the third moot on Tuesday?  If so, see you at the Navy Yard Thursday and Tuesday.
 
Semper Fi,
DHS


-----Original Message-----
From: Babu Kaza <babu_kaza@hotmail.com>
To: neal@puckettfaraj.com
Cc: haytham@puckettfaraj.com; dhsullivan@aol.com; kirk.sripinyo@navy.mil
Sent: Tue, Mar 22, 2011 9:28 am
Subject: RE: Wuterich oral argument

Awesome, I take the VRE, so I can walk right there from the King Street stop.  I will be at your office by 0845.
 
Thanks, see you then! 
 

Subject: Re: Wuterich oral argument
From: neal@puckettfaraj.com
Date: Tue, 22 Mar 2011 09:21:27 -0400
CC: haytham@puckettfaraj.com; dhsullivan@aol.com; kirk.sripinyo@navy.mil
To: babu_kaza@hotmail.com

Babu,
Our conference room is blocked off for us starting at 0900.  Below is our address.  We're extremely Metro friendly.  Across the street from King Street Metro station.  Otherwise there is parking under the building.  Access from Diagonal Road at East end of Embassy Suites Hotel.
See you Tues morning!
Neal
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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On Mar 22, 2011, at 9:15 AM, Babu Kaza wrote:

Haytham,
 
Tuesday morning (29 March) at your office in Alexandria works for me, and is not a problem.  And assuming we get done in the morning, I should still be able to do the final moot at the Navy Yard that afternoon at 1400.
 
Semper Fi,
 
Babu
 
 
 

From: haytham@puckettfaraj.com
To: dhsullivan@aol.com; kirk.sripinyo@navy.mil; babu_kaza@hotmail.com
CC: neal@puckettfaraj.com
Subject: RE: Wuterich oral argument
Date: Tue, 22 Mar 2011 08:20:59 -0400

I was aiming for the morning of the 29th if thatâs possible.
 
From: dhsullivan@aol.com [mailto:dhsullivan@aol.com] 
Sent: Tuesday, March 22, 2011 8:20 AM
To: kirk.sripinyo@navy.mil; haytham@puckettfaraj.com; babu_kaza@hotmail.com
Cc: neal@puckettfaraj.com
Subject: RE: Wuterich oral argument
 
Oorah -- I can't do today due to my due dates.  I hope I can make it on Thursday and Monday.
 
Semper Fi,
DHS
 
 
-----Original Message-----
From: Sripinyo, Kirk Major NAMARA, CODE 45 <kirk.sripinyo@navy.mil>
To: Haytham <haytham@puckettfaraj.com>; DHSULLIVAN@aol.com; Babu Kaza <babu_kaza@hotmail.com>
Cc: neal@puckettfaraj.com
Sent: Tue, Mar 22, 2011 8:15 am
Subject: RE: Wuterich oral argument

 
Sir- 

 

  We've got three moots scheduled here at the Navy Yard.  The dates are: Today  

at 1400, 24 March @ 1400, and 29 March @ 1400.  I've cc'd Babu on this email so  

you can coordinate a sit down with him if you like. 

 

v/r 

Sip 

 

-----Original Message----- 

From: Haytham [mailto:haytham@puckettfaraj.com

Sent: Tuesday, March 22, 2011 7:39 

To: DHSULLIVAN@aol.com 

Cc: neal@puckettfaraj.com; Sripinyo, Kirk Major NAMARA, CODE 45 

Subject: Re: Wuterich oral argument 

 

Could you ask Maj Kaza if he is available Tuesday morning so I can go over ehe  

facts with him?  In fact it would be ideal if we could do a mock board with him.  

We could do it in our office in Alexandria.  

 

 

Haytham Faraj  

Sent from my iPhone 

 

On Mar 22, 2011, at 1:18 AM, DHSULLIVAN@aol.com wrote: 

 

 

 

     

    Gentlemen, 

      

    I'm pleased to report that on Monday, Major Kaza received orders that make  

him available to orally argue the Wuterich case for the defense.  Neal, I know  

that you wanted me to do the oral argument and I was planning to do so if we  

couldn't get Maj Kaza into a status that would allow him to make the argument in  

compliance with Article 70 and other applicable statutes.  But in light of Maj  

Kaza's orders, that concern has been resolved. 

      

    There is no doubt in my mind that Maj Kaza will make a better oral argument  

than I could.  I honestly don't believe I could master both the record and the  

law before the oral argument next week.  But Maj Kaza is already the master of  

the law in this area, having argued the Hutchins case.  And, not  

insignificantly, Maj Kaza prevailed on the issue of the permissibility of  

terminating representation in Hutchins, losing only on the prejudice issue.   

Given the Wuterich case's current procedural posture, convincing CAAF that there  

have been two erroneous terminations of representation is the most important  

task for the defense on the writ appeal.  Maj Kaza is uniquely well qualified to  

make that argument. 

      

    As soon as Mr. DeCicco indicated that CAAF would likely hear oral argument  

on the Wuterich writ appeal, I thought Maj Kaza was the best choice to make the  

argument.  From my conversations with him, I know Maj Sip agrees.  I'm now more  

confident than ever that Maj Kaza is the right choice.  I have two court filings  

that I must make this week.  One is due on Tuesday, which I'm still working on a  

bit after 0100 this evening.  As if that's not enough, my civilian office is  

moving from Bolling AFB to Andrews AFB next Tuesday, the day before the Wuterich  

argument, so I need to remove everything I have from my office by COB Monday.   

Those commitments would make it even harder for me to prepare to make an  

effective argument in the Wuterich case next Wednesday.  But, again, even  

without those concerns, I have no question that Maj Kaza would give a far better  

oral argument than would I. 

      

    The next issue is who should sit at the counsel table with Maj Kaza.  While  

Maj Sip and I haven't discussed this topic, I suggest that Neal sit with Maj  

Kaza.  It's quite likely that questions will arise concerning details from the  

proceedings thus far.  Neal would be best placed to help Maj Kaza answer such  

questions. 

      

    Gentlemen, please let me know if you ave any questions or if you would like  

to discuss further.  I should be in the office about 0800 on Tuesday --  

202-767-8885. 

      

    Semper Fi, 

    DHS 

 

 
 

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