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Re: Lawfulness of a General Order



There's a fairly recent NMCCA unpublished opinion on this. An order was signed by the deputy chief of staff and didn't indicate that it was signed by direction. NMCCA held it wasn't a general order.

The case name is United States v. Sheley.  Here's a link:

http://www.jag.navy.mil/courts/documents/archive/2008/SHELEY,%20R.S.%20%20200800396%20UNPUB.pdf

-----Original Message-----
From: Haytham Faraj <haytham@puckettfaraj.com>
To: dhsullivan@aol.com
Cc: 'Slabbekorn Capt Ray B Jr' <ray.slabbekorn@usmc.mil>; 'Grimm Capt Joseph I' <joseph.grimm@usmc.mil>
Sent: Tue, Sep 7, 2010 8:10 am
Subject: Lawfulness of a General Order

Col Sullivan,I have a question that despite researching I could not quitefind a clear answer to. Does a purported General Order signed by a Chief ofStaff who is not a GCMCA a lawful General Order? Based on my reading ofArticle 92 it seems to require the signor to be a flag officer or an GCMCA.ÂAny advice or recommendations you have are appreciated.ÂHaytham Faraj, Esq.PUCKETT & FARAJ, PC_______________________WASHINGTON DC METRO1800 Diagonal RoadSuite 210Alexandria, VA 22314703-706-0442 PhoneÂDETROIT METRO6200 Schaefer RoadSuite 202Dearborn, MI 48126 313-457-1390 Phone202-280-1039 FaxÂwww.puckettfaraj.comÂThe informationcontained in this electronic message is confidential, and is intended for theuse of the individual or entity named above. If you are not the intendedrecipient of this message, you are hereby notified that any use, distribution,copying of disclosure of this communication is strictly prohibited. If youreceived this communication in error, please notify Puckett & Faraj, P.C.at 888-970-0005 or via a return the e-mail to sender.ÂÂYou arerequired to purge this E-mail immediately without reading or making any copy ordistribution.Â