Haytham,
We should talk soon on this. I think I understand the purpose of why you want to do this but I don't think this will give us any advantage at all. The rules and policies cited apply to Bob Muth and those in the IRR and restrictions placed on activation of those in IRR. Different rules, policies and restrictions with those who are FMCR, like us. I tried to get a "retired" Marine JA activated for Hamdania/Haditha and learned something about that issue. I'm no expert by any means - but I know that until you are transferred to the retired list (at 30 years), you can be brought back on active duty. I've known some that have voluntarily. I know that I am still subject to recall until 2018. And while there are a number reasons why they wouldn't try to activate a FMCR retiree, there are not the same legal prohibitions against doing so. I can tell more when we talk.
So if we say Wuterich is denied counsel by our "retirements" and try to demand compensation, the govt is not in the same bind as with Muth (or Bass in Hutchins). They can simply order us to active duty. And that only takes the decision of CMC as I understand the game. Too easy a fix for the govt and won't get us the leverage we seek.
ColbySent via BlackBerry by AT&T
From: Haytham Faraj <haytham@puckettfaraj.com>
Date: Sun, 15 Aug 2010 15:50:18 -0400 To: <cvokey@fhsulaw.com> Subject: RE: Government Brief ICO U.S. v. Hohman
Colby,
They can’t order us. And if they do, I’m
prepared to fight it in federal court. If you read the government’s
brief it makes pretty clear the options they have and they’re quite
limited. This would give us a fantastic advantage to negotiate a deal.
I can’t do this without you’re participation. I am going to
write the brief tonight. I won’t submit until we talk.
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
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.
From: Colby Vokey
[mailto:cvokey@fhsulaw.com]
Sent: Saturday, August 14, 2010 6:41 PM
To: Haytham Faraj
Subject: Re: Government Brief ICO U.S. v. Hohman
Don't have the defense brief. I have thought about raising
the same issue with you and me. I'm not good with it in regards to me. The
remedy would be to order us to acdu and I'm not crazy about that. Also, we have
both made appearances already as civilian counsel.
Hope things are going well at the Ranch. Wish I were there.
Colby
Sent via BlackBerry by AT&T
From: Haytham Faraj <haytham@puckettfaraj.com>
Date: Sat, 14 Aug 2010 15:39:51 -0400
To: 'Colby Vokey'<cvokey@fhsulaw.com>
Subject: RE: Government Brief ICO U.S. v. Hohman
Colby.
I’m at the ranch with limited connectivity. Do you
think you can send me the defense brief on this.
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
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.
From: Colby Vokey
[mailto:cvokey@fhsulaw.com]
Sent: Thursday, August 12, 2010 3:47 PM
To: 'Haytham Faraj'
Subject: FW: Government Brief ICO U.S. v. Hohman
Haytham,
Here’s the govt brief on Hohman
Colby
From: WarLawyer@aol.com
[mailto:WarLawyer@aol.com]
Sent: Wednesday, August 04, 2010 7:57 PM
To: cvokey@fhsulaw.com
Subject: Fwd: Government Brief ICO U.S. v. Hohman
From: bob.muth@gmail.com
To: WarLawyer@aol.com
Sent: 8/4/2010 5:56:53 P.M. Pacific Daylight Time
Subj: Fwd: Government Brief ICO U.S. v. Hohman
-----Original Message-----
From: Van Norman Capt Jessica G
Sent: Tuesday, August 03, 2010 16:08
To: Sanzi LtCol Thomas J; Grisalesmery Cpl Alejandro
Cc: Gannon Maj Nicholas L; 'jhlowIV@aol.com'; 'joseph@jhllaw.com';
Kunce Capt Lucas Tyree
Subject: Government Brief ICO U.S. v. Hohman
Good Afternoon Sir,
Attached is the Government's Brief with Enclosures, per your Judicial Order
dated 21 July 2010.
Very Respectfully,
Capt Jessica Van Norman
Assistant Trial Counsel
LSSS, 1st MLG
Camp Pendleton, CA
(760) 725-8775
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