Well I like the idea of another motion, even if we lose. It further clouds the issues. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Wacker Capt Douglas S Sent: Friday, February 04, 2011 10:41 To: Haytham Faraj; Hur Capt Christian P Cc: douglas.wacker@gmail.com Subject: RE: we need to file a motion US v. Wacker Gentlemen, The two individuals subject to the subpoena are two of the three boardmembers who sat on the Critical Issues Board (the third was a student at the University, but his name is not listed on the subpoena). These are not people who anyone from the Marine Corps/NCIS would have talked to. The only thing the prosecution is trying to garner is whether or not each individual felt I was honest in speaking with the board, then they are going to say, "we have 'evidence' that Wacker did use drugs, would that have changed your opinion and/or decision now knowing that information?" They only plan on asking 2 of the 3 and they are trying to get at the decision-making process they went through. After trying to keep the decision of the USD Critical Issues Board out of the trial as not dispositive, the prosecution is putting a lot of effort into introducing it as evidence. I don't even know what a motion to quash would look like other than that Capt Wacker asserts his privacy rights under FERPA and does not give permission for any USD staff-members to discuss private material within his personal records at the university. Let me know if you need me to do anything. S/F Doug Douglas S. Wacker Captain, USMC Future Operations Officer MWHS-3, 3D MAW douglas.wacker@usmc.mil Wk: 858-577-6730 DSN: 267-6730 Cell: 858-401-9392 "Don't tell people how to do things, tell them what to do and let them surprise you with their results." ~George S. Patton -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Friday, February 04, 2011 10:18 To: Hur Capt Christian P Cc: douglas.wacker@gmail.com; Wacker Capt Douglas S Subject: RE: we need to file a motion US v. Wacker Don't quash the subpoena, there is nothing that they're going to find in his university records except positive information- correct me if I'm wrong Doug. This will allow us to demand that they produce the Dean who had conversations with Smith and may open the door to get into the Board's findings. Chris. Is Smith on the witness list for the court-martial? -----Original Message----- From: Hur Capt Christian P [mailto:christian.hur@usmc.mil] Sent: Friday, February 04, 2011 12:57 PM To: haytham@puckettfaraj.com Cc: douglas.wacker@gmail.com; Wacker Capt Douglas S Subject: we need to file a motion US v. Wacker Gentlemen, Please see attached jpeg that I just received. Doug, Can you work on a motion that I can get out today? Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Christian Hur [mailto:christian.hur@gmail.com] Sent: Friday, February 04, 2011 9:44 To: Hur Capt Christian P Subject:
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