Re: Wuterich follow-up

Maj Sip, would you be so kind as to file a motion with NMCCA tomorrow for us to access the sealed portion of the ROT. (We don't wan't to file a motion to unseal it; we don't want the government to have access to it, but we need access to it ourselves. The motion should be similar to what we filed at CAAF, attached.)

In a message dated 6/5/2011 11:26:15 A.M. Eastern Daylight Time, haytham@puckettfaraj.com writes:

I don't believe Jones has authenticated a copy of the sealed portion. He asked Gannon to forward the record to the court including the sealed portion but directed that only the court reporters handle it.

None of us have the sealed portion.

Haytham Faraj
Sent from my iPhone

On Jun 5, 2011, at 10:29 AM, DHSULLIVAN@aol.com wrote:

Team Wuterich,

Two questions which give rise to other questions:

(1) Has Jones authenticated the non-sealed portions of the ROT of the Article 39(a) session yet?

(2) Do Neal, Hatham, and/or Meredith have access to the sealed ROT of the ex parte hearing?

The answer to (1) affects our optimal filing date. If Jones hasn't filed the authenticated ROT before 9 June, there's no reason for us to file our mandamus petition before then. If Jones hasn't filed the authenticated ROT by 9 June, we'll have to make a decision about whether to go beyond 20 days from the ruling complained of to file the mandamus petition.

If the answer to (2) is no, Maj Sip, can you please file a motion with NMCCA tomorrow for access to the sealed ROT?

Oh, and a third question -- Maj Kaza, were you able to get associate duty orders but?

Semper Fi,

DHS