I know and I believe in client loyalty too. It's just from the very beginning of when Maj Blalock came forward that I was fearful of what would happen to me because Col Smith is my Battalion Commander. Yesterday I felt like it was implied that I should not have been gathering affidavits of others to use in UCI motions and appeals on your's and my other clients' behalf. I tell you this though: without an affidavit to support a motion or appeal, witnesses change their stories. Haytham knows. Recently, we had a Gunnery Sergeant in a UCI motion on another case change his testimony on the stand from what he had told me because he was afraid of command retaliation. 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: Tuesday, October 26, 2010 9:01 To: Hur Capt Christian P Cc: haytham@puckettfaraj.com Subject: JAGINST 5803.1B Chris, Here is the excerpt I was speaking of yesterday. 4. RULE 5.4 PROFESSIONAL INDEPENDENCE OF A COVERED USG ATTORNEY a. Notwithstanding a judge advocate's status as a commissioned officer subject, generally, to the authority of superiors, a judge advocate detailed or assigned to represent an individual member or employee of the Department of the Navy is expected to exercise unfettered loyalty and professional independence during the representation consistent with these Rules and remains ultimately responsible for acting in the best interest of the individual client. b. Notwithstanding a civilian USG attorney's status as a Federal employee subject, generally, to the authority of superiors, a civilian USG attorney detailed or assigned to represent an individual member or employee of the Department of the Navy is expected to exercise unfettered loyalty and professional independence during the representation consistent with these Rules and remains ultimately responsible for acting in the best interest of the individual client. S/F Doug Douglas S. Wacker Captain, USMC Future Operations Officer MWHS-3, 3D MAW douglas.wacker@usmc.mil Wk: 858-577-7906 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
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