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