RE: Mattis testimony

That is not the way it turned out in our caseâthe meetings he had with the attorneys, including Ewers and the prosecutorsâwere attorney meetings for the purpose of discussing the cases from a legal perspective.Â Not sure how that matches with all the prior testimony.

Robert J. Muise, Esq.

THOMAS MORE LAW CENTER

24 Frank Lloyd Wright Drive

P.O. Box 393

Ann Arbor, MI 48106

Tel: (734) 827-2001

Fax: (734) 930-7160

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From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Friday, March 26, 2010 2:47 PM
To: Robert Muise
Subject: Re: Mattis testimony

Too late! We're about to get the judge's decision. Under examination Mattis testified that whenever he received advice it was in private meetings with Riggs. Extraordinary considering that not once did that come up in your case.

Haytham Faraj

760-521-7934

Sent from my iPhone

On Mar 26, 2010, at 11:20 AM, "Robert Muise" <rmuise@thomasmore.org> wrote:

As I understand it from a press report, Gen Mattis will be testifying at your hearing. Here is an excerpt from our brief that you might find useful during cross examinationâfor what it is worth:

Remarkably, immediately following the Military Judgeâs ruling, Gen Mattis felt compelled to release a public statement that essentially criticized the ruling. The North County Times reported as follows: âMattis rejected [the Military Judgeâs] conclusion, issuing a statement the day Folsom ruled that he stood by what he said during a court hearing on the issue in Mayâthat he made his decisions independently and was not influenced by Ewers.â[1] The San Diego Union-Tribune reported as follows: âYesterday, Navy Capt. Denny Moynihan, a spokesman for the Joint Forces Command, said Mattis testified âunder oath that he did not speak to (Ewers) about the case and was not influenced by him. He stands by his statement under oath.ââ[2] Gen Mattisâ public statement is a modern day version of the âskin lettersâ that were commonly used to reprimand military judges for their decisions. Congress drafted Article 37, in part, to eliminate this sort of pernicious influence. (See, e.g., Govât Br. at 36-37). It is evident that even following his testimony and the Military Judgeâs ruling, Gen Mattis cared little about âappearances,â adding further support for the Military Judgeâs uncontroverted findings on this matter. (R. 17Jun08 at 18-19) (âAnd this court specifically finds, however, that Lieutenant General Mattis was unconcerned with how Colonel Ewersâs presence in these meetings may appear to third parties.â).

Robert J. Muise, Esq.

THOMAS MORE LAW CENTER

24 Frank Lloyd Wright Drive

P.O. Box 393

Ann Arbor, MI 48106

Tel: (734) 827-2001

Fax: (734) 930-7160

PRIVILEGED AND CONFIDENTIAL COMMUNICATION: The information transmitted in this mail message is privileged and confidential. If the reader of this message is not the intended recipient, or the employee or agent of the intended recipient, be advised that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 734-827-2001; and do not read the following message or open any attached files. Thank you.

[2] The article, which is attached as Appendix B to this answer brief, can be found at: http://www.signonsandiego.com/news/military/20080618-9999-1n18haditha.html.