I get the 24th, as well. The MFR seems irrelevant to me. It reiterates most of
what is known already, and is just the judge trying to shore up his position.
Our argument is that he made his ruling off a demonstrably incorrect fact, so he
really hasn't gotten himself anywhere and it can be ignored. Still, even though
it's not a hearing per se, it's part of the record now, correct? It seems like
an 802 conference outside the presence of the accused to me. Maybe I'm missing
something--I haven't had any caffeine this morning.
v/r
Sip
-----Original Message-----
From: dhsullivan@aol.com [mailto:dhsullivan@aol.com]
Sent: Monday, February 14, 2011 8:49
To: Sripinyo, Kirk Major NAMARA, CODE 45; neal@puckettfaraj.com
Cc: haytham@puckettfaraj.com; meridith.marshall@usmc.mil
Subject: RE: First draft
Roger that. I get Thursday, 24 February as our current due date. Could you
please check my math as to whether that's the right due date under CAAF's last
order?
One more thing, Maj Sip. In the draft, I basically ignore Judge Jones' MFR
regarding the ex parte session. It wasn't recorded, it wasn't transcribed, and
the accused wasn't there. It wasn't an ex parte "hearing." It was basically an
ex parte discussion. Should we note that somewhere in the filing?
Semper Fi,
DHS
-----Original Message-----
From: Sripinyo, Kirk Major NAMARA, CODE 45 <kirk.sripinyo@navy.mil>
To: DHSULLIVAN@aol.com; neal@puckettfaraj.com
Cc: haytham@puckettfaraj.com; meridith.marshall@usmc.mil
Sent: Mon, Feb 14, 2011 8:33 am
Subject: RE: First draft
Sir-
It was never explicitly said, but we want to file this on the 24th, correct?
Last I saw was we wanted to file closer to the 24th rather than the 15th. I'll
edit and make the appropriate cites and then file on the 24th.
v/r
Sip
-----Original Message-----
From: DHSULLIVAN@aol.com [mailto:DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com?>
]
Sent: Sunday, February 13, 2011 18:45
To: neal@puckettfaraj.com
Cc: Sripinyo, Kirk Major NAMARA, CODE 45; haytham@puckettfaraj.com;
meridith.marshall@usmc.mil
Subject: First draft
Here's a first draft of the supplemental brief in Wuterich. (I know it says
Draft 2, but that's because I've done two drafts before circulating it.) As you
all know, I'm leaving for a DIILS trip tomorrow, so I'm going to be completely
unavailable until after the filing deadline. So please shoot any suggestions to
Maj Sripinyo.
Maj Sip, would you be so kind as to work your magic wordsmithing this and ensure
that it has an Index and Table of Authorities and all of the appropriate
appendices? I'll shoot you the index and table of authorities I used for the
writ appeal -- it shouldn't be too much heavy lifting to revise that to fit this
filing.
I'm leaving the office at about 1400 tomorrow and don't expect to be on the
Internet again until 3 March. So please let me know if I can do anything else
NLT 1400 tomorrow.
Semper Fi,
DHS