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Re: Accuser concept applied to Art 32 convening authority



It may be that you can object to io due to lack of impartiality bc he would have to call ca liar not to refer so you have uci issue looming...I will look at preferral case law and see if I find something... I would make objection regardless bc no relief typically unless dc objects to 32

I know you know all that just giving my rationale

V/r
E

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From: Puckett Neal <neal@puckettfaraj.com>
Date: Wed, 9 Feb 2011 22:09:46 +0900
To: Faraj Haytham<haytham@puckettfaraj.com>; Montalvo Eric<eric@puckettfaraj.com>
Subject: Accuser concept applied to Art 32 convening authority

Guys,
MCM prevents "accuser" from convening gen and spec C-M, (RCM 504) but what of an Art 32?  Any case law on that?  We have a convening authority who is also an accuser in one of the charges (failure to obey lawful command) who has appointed an Art 32 investigating officer.  Can he do so?  Can he receive and recommend action on its results?  Seems to me that he can.  Just checking the brain trust.  
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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