| Thoughtful responses. McCabe probably will not get permission to attend the rally on the 29th in San Diego. And the one he attended in Scottsdale (the only other one, was not just for his defense fund, it was for all 3, and he did not wear a uniform). I just booked a flight out there last night, but do not need to attend if we think it's in any way problematic. Would just give a summary of the case and do some law firm branding, and NEVER would I or have I sought money from any fundraising efforts. Marcy is still doing the accounting for all time spent on the case, including travel, media appearances and her blogging and constant replies to public inquiries. There may be some shortfall in what is owed. But it will all be documented in our books. Do we need additional donations? No. As for gifting, is it really gifting if he never gets any money and he does not owe the money because he is not personally on the hook for the legal bill per our agreement? I analogize it to pro bono representation. Is pro bono legal assistance (to him) "income?" I don't know. It may be. Even though whatever was done is already done, is an ethics opinion helpful? Should we put it in writing and get a written reply or just call the hotline? I don't think they're "after us," but it was mentioned as an aside. The website pretty clearly and in a large bold print disclaimer distanced itself from any fundraising activities or endorsement thereof. But we did provide contact info for those who wanted to donate (without us asking). Having said that, we did have a PayPal button in case folks wanted to help McCabe. People are allowed to pay another person's expenses if they want. The main concern I have is that there appears to be a retaliation effort here that we should head off if we can. We got a hot tip and perhaps it deserves some attention to protect our client, like making these emails public through the media. N Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC Metro Area 888.970.0005 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. On May 17, 2010, at 10:51 AM, Eric S. Montalvo wrote: First question seems to be re McCabeâdoes he have a quantifiable legal debt that needs to be covered. Just as we heard from the ethics guy they will do an audit so the books need to be tight just in case. I am very aware of âlegal fundâ fund raising efforts and as such the basic idea appears to be sound. But I think its worth requesting an advisory opinion from Virginia re the website issue. I am not convinced re the uniform issue. This is not a political rallyâhowever there may be an endorsement issue that could arise depending on who shows upâI think it would be safer if he werenât in uniform and have a picture (poster) of him with his uniform on. The gifting issue. Tough one. There is a legitimate issue because he is receiving the monies due to his military status. I have the gift opinion analysisâissues that can come up are prohibited sources and the amount/ approval authority. I donât know if there is a tax issue for him as well. I can do a CivLaw opinion on this and see where we land. What I am not clear on is whether they are going after the firm or focused on determining what his status is and his ability to attend the event in what capacity and the acceptance of monies. They clearly have no authority over us so we need to go to VA Bar first in my opinion. I think we are fine but they should hear the facts from us before they get contorted by JAG. Should we talk this out? CivLaw opinion tasker? -- Eric S. Montalvo Attorney at Law eric@puckettfaraj.com (202) 285-5153 Phone (202) 318-7652 Fax DC × CA × MI × VA www.PuckettFaraj.com Practice is limited to matters and proceedings before special courts - federal courts - agencies. Confidentiality / Privilege Notice: This transmission, including attachments, is intended solely for the use of the designated recipient(s). This transmission may contain information that is confidential and/or privileged or otherwise protected from disclosure. The use or disclosure of the information contained in this transmission for any purpose other than that intended by its transmittal is strictly prohibited. If you are not an intended recipient of this transmission, please immediately destroy all copies received and notify the sender. From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Monday, May 17, 2010 10:19 AM To: Faraj Haytham; Montalvo Eric Subject: Fwd: Navy SEAL Fundraiser in San Diego CA Importance: High Guys, The Navy JAG community is out to get McCabe and his lawyers (although they reference the SEAL cases). One comment opines that soliciting donations on an attorney website is "ethically questionable." Of course, we did not solicit. We only provided information about where and how folks could donate to defense funds with a disclaimer that we were not affiliated in any way with those funds. Read email chain from the bottom up. This came from a reliable source. Comments and suggestions? Any action required? The situation is the subject of top of the agenda meetings at Codes 13 and 20 this morning. Do we preempt by calling them out on interference with Constitutional issues and retribution for the SEALs' victories? My source refers to two of the senior JAGs in the email chain each as "dumb as a crab." N Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC Metro Area 888.970.0005 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. -----Original Message----- From: Harrison, Dave M CDR OJAG, CODE 20 Sent: Monday, May 17, 2010 7:26 To: Stephens, Jonathan T LCDR OJAG Cc: Vincent, Robert E CDR OJAG, CODE 20 Subject: FW: Navy SEAL Fundraiser in San Diego CA Jon: Can you do a quick look in our archive files to see if we have ever looked at anything like this before? Thanks, David M. Harrison CDR, JAGC, U.S. Navy Director, Criminal Law Division (Code 20) Office of the Judge Advocate General (202) 685-7057 FOR OFFICIAL USE ONLY / PRIVACY SENSITIVE / ATTORNEY WORK PRODUCT. -----Original Message----- From: Fischer, Jeff CDR OJAG, CODE 13 Sent: Friday, May 14, 2010 17:35 To: Harrison, Dave M CDR OJAG, CODE 20 Subject: FW: Navy SEAL Fundraiser in San Diego CA Dave, This is a high-viz one surrounding the three SEALs recently acquitted of detainee abuse and fundraising efforts on their behalf to pay for their legal costs. One of the issues is whether an accused is in an "official capacity" when facing court-martial charges and Mary asked me to check if Code 20 had ever opined on that particular issue. Would like to discuss on Monday if you are available. V/r Jeff Jeff Fischer CDR, JAGC, USN Office of the Judge Advocate General Administrative Law (Code 13) 1322 Patterson Ave., SE, Suite 3000 Washington Navy Yard, DC 20374-5066 Phone: 703.614.2617 (DSN 224) Fax: 703.614.9400 This signature line and my digital signature is the equivalent of a hard copy signature, serving to authenticate that I have the authority to send this e-mail and to indicate I have consciously decided that it should have the same legal authority normally accorded to an actual hard copy signature. **FOR OFFICIAL USE ONLY-PRIVACY SENSITIVE** This e-mail, including any attachments, may contain information that requires protection from unauthorized disclosure. Do not disseminate this e-mail, or its contents, to anyone who does not have an official need for access. Any misuse or unauthorized disclosure can result in both civil and criminal penalties. -----Original Message----- From: Horrigan, Mary L. CDR OJAG Code 13 Sent: Friday, May 14, 2010 17:03 To: Quinn, Michael I CAPT AJAG, 01 Cc: Almand, Lawson CIV OJAG, CODE 13; Fischer, Jeff CDR OJAG, CODE 13 Subject: FW: Navy SEAL Fundraiser in San Diego CA CAPT, FFYSA. BLUF: SPECWARCOM asks if servicemembers can fundraise in uniform, fundraise at all, or alternatively accept money collected on their behalf, to pay for costs incurred as a result of their court-martial. We have discussed this informally amongst ourselves and don't see a way to yes. The analysis is pretty straightforward - they appear to be soliciting in their official capacity for a fundraising event by an NFE that is for their benefit. Understanding that the answer appears to be no, our analysis will look for all of the ways that we could get to yes and explain the ethics issues implicated. I am particularly interested in talking with Dave Harrison about the status of a defendant (i.e., the personal liberty aspect and whether that would have any effect on the reading of the ethics regs) and whether OJAG has ever opined on this before. Supporttheseals is a "project" of the American Victory Fund. It's genesis is a grassroots campaign started on facebook - it is not associated with the SEAL benevolent society. One fundraiser has been held - on 27 Mar in Scottsdale, AZ. It was specifically to benefit SO2 McCabe. The upcoming event in San Diego is on 29 May. It is intended to benefit all three SEALs. The very high visibility of this issue is very well understood. We have had an informational phone call with SPECWARCOM that was helpful. Will keep you apprised as we work on this next week. It is a 132 frontburner issue. V/r, Mary -----Original Message----- From: Fischer, Jeff CDR OJAG, CODE 13 Sent: Friday, May 14, 2010 8:17 To: Horrigan, Mary L. CDR OJAG Code 13; Almand, Lawson CIV OJAG, CODE 13 Subject: FW: Navy SEAL Fundraiser in San Diego CA Mary and Mr. Almand, FYSA. V/r Jeff -----Original Message----- From: Troyan, Brent E LT USSOCOM NAVSOC [mailto:Brent.Troyan@navsoc.socom.mil] Sent: Thursday, May 13, 2010 20:27 To: Fischer, Jeff CDR OJAG, CODE 13; Marks, Anne Y LCDR OJAG, CODE 13 Cc: Clancy, Benjamin ; Bailey, David L CAPT RLSO MIDLANT, NORFOLK; Huntley, Todd C CDR USCENTCOM SOCCENT/SOCCG; Dellapina, Kris CDR RLSO MIDLANT, NORFOLK; McCurdy, Ellen L LCDR USSOCOM NAVSOC; Eden, Guy W LT JAGC,USN Subject: FW: Navy SEAL Fundraiser in San Diego CA CDR Fischer and LCDR Marks, SPECWARCOM has a question for Code 13 that's likely to have very high scrutiny once answered: Are servicemembers permitted to fundraise and accept gifts of money from NFEs to pay for their defense of UCMJ charges? The three SEALs who went to trial recently in MIDLANT have been attending support rallies in various cities. NFEs sprang up on the Internet in support of them almost as soon as the charges were brought. As reflected in the below e-mail chain, another fundraising event is in the works for the end of this month. If these kinds of events are out-of-bounds, we need to address them. CAPT Clancy also raised the issue of OJAG professional conduct rules. Fundraising by the defense attorneys on their own law firm websites may be professionally questionable, as well. This is a tough one. We'd like to invite dialogue with your staff on the way ahead. LCDR McCurdy and I have looked through the usual references, and we can identify several issues (attendance at an NFE fundraiser, acceptance of gifts, private/professional capacity of this fundraising, etc.) but no easy outs because of how personal the mission of the NFEs are to these Sailors. She and I will give you a call on Friday to discuss. Thank you very much for your expertise, here. Very respectfully, Brent LT Brent Troyan, JAGC, USN Deputy FJA, NAVSPECWARCOM Comm: 619-537-1964 -----Original Message----- From: Geisen, Gregory P CDR USSOCOM NAVSOC Sent: Thursday, May 13, 2010 4:16 PM To: Clancy, Benjamin B CAPT USSOCOM NAVSOC Cc: Troyan, Brent E LT USSOCOM NAVSOC; McCurdy, Ellen L LCDR USSOCOM NAVSOC; Nelson, Steven G CAPT USSOCOM NAVSOC; Gilmore, Stephen D Mr CIV USSOCOM NAVSOC; Abrahamson, Arlo K LT USSOCOM NSWG2 Subject: FW: Navy SEAL Fundraiser in San Diego CA FJAG Is this legal for our Sailors to attend in uniform? Is it legal for the Sailors to receive the money? VR PAO CDR Greg Geisen Naval Special Warfare Command Force Public Affairs Officer 619-522-2824 Wk; 619-522-2831 Fx 619-398-6499 Mb; 619-661-0621 Hm Unclas: gregory.geisen@navsoc.socom.mil Class: gregory.geisen@navsoc.socom.smil.mil Scampi: 577-2824 -----Original Message----- From: Graham Ware [mailto:grahamwares@gmail.com] Sent: Wednesday, May 12, 2010 12:20 PM Subject: Navy SEAL Fundraiser in San Diego CA Good Afternoon, I hope this email finds you well and that things are going great in your endeavors. Just wanted to touch base as we are asking for help spreading the word about a 2nd Fundraiser we are hosting in San Diego, CA for the 3 Navy SEALs that were recently exonerated. I am sure you all know the charges and case so I wont waste your valuable time. They still face high legal costs and all proceeds for this event will go towards those costs. The lawyers, various politicians and many others are attending but we still have many seats to fill :) Attached is the invitation and I would appreciate any help you can offer to send this off the appropriate persons or those you feel would be interested. As a civilian my network is quite limited. Thanks again and many blessings, Graham Ware www.supporttheseals.org 480-529-4209 Introducing the all-new Heritage.org. Same great conservative policy research with an all-new look. Click http://heritage.org/ to visit the newly redesigned web site. <image001.jpg> |