Good Afternoon Sir, After reviewing the record of trial, I noticed that I failed to add a hard copy of the MARFORPAC Staff Regs referenced below to the record. I will ask our court reporters to add a copy of that document, along with a printout of the email chain below, as the last appellate exhibit. I don't believe that a post-trial Article 39(a) session to explain the addition to the record should be necessary, in light of the discussion of the staff regs on the record on 30 September and the explanation in the email chain below. V/R, Capt Day -----Original Message----- From: Simmons LtCol Gregory L Sent: Tuesday, October 05, 2010 9:33 To: Day Capt Evan S; Grisalesmery Cpl Alejandro Cc: Crosswell Capt Ryan R; 'Haytham Faraj'; Logan Capt Gavin K; Nichols 1st Lt Roy Subject: RE: ICO US v Wylde Capt Day, Received, and will consider. Thank you. V/r, LtCol Simmons. -----Original Message----- From: Day Capt Evan S Sent: Monday, October 04, 2010 19:03 To: Simmons LtCol Gregory L; Grisalesmery Cpl Alejandro Cc: Crosswell Capt Ryan R; 'Haytham Faraj'; Logan Capt Gavin K; Nichols 1st Lt Roy Subject: ICO US v Wylde Good Evening Sir, Per our discussion at the Article 39(a) motions session last Friday (1 Oct 10) in the subject case, please see attached the MARFORPAC Staff Regulations (MARFORPACO P5000.9D, dated 26 July 2005). I respectfully request that the attachment be considered as an enclosure to the government's response to the defense motion to dismiss (unlawful order). In particular, I would like to direct the court's attention to Paragraph 1204(2)(d) on page 1-8. Very Respectfully, Captain Evan S. Day Trial Counsel, Military Justice Office Joint Law Center 3rd MAW/ MCAS Miramar Comm: 858-577-1887 DSN: 312-267-1887 Fax: 858-577-1734 Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
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