---------- Forwarded message ----------
From:
Haytham Faraj <haytham@puckettfaraj.com>
Date: Wed, Aug 11, 2010 at 7:53 AM
Subject: FW: Wacker list of individuals
To: Douglas Wacker <
douglas.wacker@gmail.com>, Wacker Capt Douglas S <
douglas.wacker@usmc.mil>
Cc: Hur Capt Christian P <
christian.hur@usmc.mil>,
mariam@puckettfaraj.comDoug,
The government finally issued their subpoena. As you can see they did not
include your brother, Maj lee, Maj Shaw, Mr. De Salvo or Mr. Blackburn.
Please provide me with good email addresses for Desalvo, Blackburn, and Maj
Lee. With respect to your brother, I need him to complete an affidavit
setting forth his qualifications -it doesn't need to be lengthy- and to
state that he provided legal advice and counsel. He should not go into
specifics as that is privileged. I don’t have his email address. Otherwise I
would have emailed him directly. Please get this to me and Chris today.
Thanks,
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
_______________________
WASHINGTON DC METRO
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Suite 210
Alexandria, VA 22314
703-706-0442 Phone
DETROIT METRO
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Suite 202
Dearborn, MI 48126
313-457-1390 Phone
202-280-1039 Fax
www.puckettfaraj.com
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-----Original Message-----
From: Day Capt Evan S [mailto:
evan.s.day@usmc.mil]
Sent: Tuesday, August 10, 2010 4:03 PM
To: Haytham Faraj
Cc: Hur Capt Christian P; Sullivan LtCol Sean; Hatch MAJ Douglas C
Subject: RE: Wacker list of individuals
Mr. Faraj,
A draft subpoena and attachment regarding the email issue are attached. The
legal admin officer will be a custodian of these records only (so no TC
touches them until after the MJ has reviewed them). With regard to the list
of email addresses below:
- Spousal privilege issues should be mooted by the limited time frame of the
subpoena.
- Specific email addresses for Mr. DeSalvo, Mr. Blackburn, and Maj Lee will
make it much easier for those emails to be excluded from the subpoena
response.
- Maj Shaw: we have spoken to Maj Shaw on multiple occasions, due to the
fact that he has also been listed as a defense witness, and he has never
given any indication that any A/C privilege existed between him and Wacker.
- Ted Wacker: similarly to Maj Shaw, it is not clear to me how Capt Wacker's
communications with his brother would be "for the purpose of facilitating
the rendition of professional legal services," as opposed to a communication
with a sibling not covered by any privilege. Mr. Wacker's official firm
biography shows no indication of him ever practicing criminal law. If you
can show me some basis that a privilege exists here, I would be happy to
request that Google exclude those emails from the subpoena response.
Otherwise, that issue should probably be resolved by the MJ during the in
camera review.
Very Respectfully,
Captain Evan S. Day
Trial Counsel, Military Justice Office
Joint Law Center
3rd MAW/ MCAS Miramar
Comm: 858-577-1887
DSN: 312-267-1887
Fax: 858-577-1734
Classification: UNCLASSIFIED//LIMDIS
This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure
under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD
Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD
Instruction 5230.29, and "Security and Policy Review of DoD Information for
Public Release".
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The
information contained in this message is privileged. It is intended only to
be read by the individual or entity addressed or their designee. If the
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-----Original Message-----
From: Haytham Faraj [mailto:
haytham@puckettfaraj.com]
Sent: Monday, July 19, 2010 11:10
To: Day Capt Evan S; Rubin LtCol Peter R
Cc: Hur Capt Christian P;
twacker@rcrlaw.net
Subject: Wacker list of individuals
Capt Day:
Below is a list of attorneys with whom Capt Wacker or we -as his attorneys-
engaged in privileged communications. Emails were either sent to or from
Capt Wacker to these individuals. In some cases, emails were exchanged
between the people below in which Capt Wacker was cc'd. I provide this list
without waiving any privileges. I consider the fact that Capt Wacker
consulted with the people below to be privileged. The defense maintains
that the Government has not met its burden to pierce the A-C privilege and
that the subpoena will do exactly that because it is too broad and,
therefore, unreasonable. The information below is provided so that we may
limit what the defense considers a violation of the attorney-client
privilege and not in any way meant as a waiver of the privilege or a consent
to the search.
Ted Wacker
twacker@rcrlaw.net;
twacker@gmail.com (A-C Privilege)
Alex Landon
negall1121@hotmail.com (Attorney retained and consulted before
the USD hearing) (A-C Privilege)
Frank DeSalvo (New Orleans) (Unknown emails) (A-C Privilege)
Bob Blackburn (New Orleans) (Unknown emails) (A-C Privilege)
Capt David Ahn
david.ahn@usmc.mil (A-C Privilege)
Capt Chris Hur
christian.hur@usmc.mil;
christian.hur@gmail.com (A-C
Privilege)
Maj Ken Lee (while he was civilian attorney) (Unknown emails) (A-C
privilege)
Haytham Faraj
haytham@puckettfaraj.com;
farajh@gmail.com (A-C Privilege)
Neal Puckett
neal@puckettfaraj.com (A-C Privilege)
Prof Shaun Martin (USD)
smartin@sandiego.edu (A-C Privilege)
Maj Chris Shaw
jurismarine@gmail.com; (A-C Privilege)
Dalliana Wacker
dalliana.wacker@gmail.com; (Spousal Privilege)
Marc Capobianco
marc.Capobianco@med.navy.mil (psycho-therapist privilege)
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 <
http://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.