First question seems to be re McCabe…does 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 “legal fund” 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 rally…however there may be an endorsement issue that could arise
depending on who shows up…I think it would be safer if he weren’t 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 analysis…issues that can come up are prohibited sources and the amount/
approval authority. I don’t 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
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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
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-----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
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-----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
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