Mr. Faraj, I do not believe that we have any outstanding issues as far as which addresses are privileged. However, I still need addresses for Frank DeSalvo and Rob Blackburn in order to segregate those. My intent is to issue the subpoena by COB tomorrow with or without those addresses on the exclude list (they can still be separated out by the MJ prior to my seeing them), absent any court order to the contrary. 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. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, July 19, 2010 11:10 To: Day Capt Evan S; Rubin LtCol Peter R Cc: Hur Capt Christian P; twacker@rcrlaw.net Subject: Wacker list of individuals Capt Day: Below is a list of attorneys with whom Capt Wacker or we -as his attorneys- engaged in privileged communications. Emails were either sent to or from Capt Wacker to these individuals. In some cases, emails were exchanged between the people below in which Capt Wacker was cc'd. I provide this list without waiving any privileges. I consider the fact that Capt Wacker consulted with the people below to be privileged. The defense maintains that the Government has not met its burden to pierce the A-C privilege and that the subpoena will do exactly that because it is too broad and, therefore, unreasonable. The information below is provided so that we may limit what the defense considers a violation of the attorney-client privilege and not in any way meant as a waiver of the privilege or a consent to the search. Ted Wacker twacker@rcrlaw.net; twacker@gmail.com (A-C Privilege) Alex Landon negall1121@hotmail.com (Attorney retained and consulted before the USD hearing) (A-C Privilege) Frank DeSalvo (New Orleans) (Unknown emails) (A-C Privilege) Bob Blackburn (New Orleans) (Unknown emails) (A-C Privilege) Capt David Ahn david.ahn@usmc.mil (A-C Privilege) Capt Chris Hur christian.hur@usmc.mil; christian.hur@gmail.com (A-C Privilege) Maj Ken Lee (while he was civilian attorney) (Unknown emails) (A-C privilege) Haytham Faraj haytham@puckettfaraj.com; farajh@gmail.com (A-C Privilege) Neal Puckett neal@puckettfaraj.com (A-C Privilege) Prof Shaun Martin (USD) smartin@sandiego.edu (A-C Privilege) Maj Chris Shaw jurismarine@gmail.com; (A-C Privilege) Dalliana Wacker dalliana.wacker@gmail.com; (Spousal Privilege) Marc Capobianco marc.Capobianco@med.navy.mil (psycho-therapist privilege) Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com <http://www.puckettfaraj.com/> The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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