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
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