US v. Wacker: 6th Circuit Stored Communications Act decision

["Day Capt Evan S" <evan.s.day@usmc.mil>]

This is a multi-part message in MIME format.

Good Morning Sir,

Out of an abundance of caution, the government brings the court's attention to a recent 6th Circuit decision regarding the Stored Communications Act (18 USC 2703) at US v. Warshak, 2010 U.S. App. LEXIS 25415; 2010 FED App. 0377P (6th Cir. 2010). Although this case is not directly controlling, it is potentially relevant to the defense motions regarding production of the accused's emails and seeking to compel production of emails from the alleged victims in this case.  I also note US v. Maxwell, 45 MJ 406 (CAAF 1996).

Very Respectfully,
Capt Day

-----Original Message-----
From: Day Capt Evan S 
Sent: Monday, December 13, 2010 22:59
To: Hur Capt Christian P; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean; Hatch MAJ Douglas C; Grisalesmery Cpl Alejandro; Jones LtCol David M
Subject: RE: US v. Wacker: Defense Wrongful Withdrawal Motion

Good Evening Gentlemen,

Please find attached an additional government brief, supplementing the government's earlier response to the defense MRE 412 motion.

Please note that there is another Capt Evan Day in the Marine Corps and check the GAL closely. My email is evan.s.day@usmc.mil.

We have had a witness appearance issue come up recently, which I brought to the defense's attention.  Rebecca Barker Abdullah, who has been requested by both sides and who will be one of the critical and early witnesses in the case, will be taking the NY and NJ bar exams on 22-24 February 2011.  My proposal is that we begin as currently scheduled with trial on 24 February, and proceed through a final Article 39(a) session, seating the members, openings, and the first two government witnesses (who I anticipate will be the lengthiest) on 24-25 February, then take a recess until 0800 on Monday, 28 February and have the remaining witnesses standing by at that time.  I believe that with that schedule, we should be easily on track to complete the remainder of the trial during the week of 28 February- 4 March without any difficulty.

Very Respectfully,
Capt Day

-----Original Message-----
From: Day Capt Evan A 
Sent: Monday, December 13, 2010 5:50
To: Day Capt Evan S
Subject: FW: US v. Wacker: Defense Wrongful Withdrawal Motion



-----Original Message-----
From: Jones LtCol David M 
Sent: Sunday, December 12, 2010 20:31
To: Hur Capt Christian P; 'haytham@puckettfaraj.com'
Cc: Rubin LtCol Peter R; Day Capt Evan A; Sullivan LtCol Sean; Hatch MAJ Douglas C; Grisalesmery Cpl Alejandro
Subject: RE: US v. Wacker: Defense Wrongful Withdrawal Motion

Capt Hur,

Thank you.  And I owe everyone rulings on the motions.  I know that the trial is still two months away, but I will get those out as soon as I can.  I have been busy, and traveling, as usual.  This week I am in a contested case GCM, but I'm hoping to get you all final rulings over the next couple of weeks.  Thanks for your patience.

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035