Gentlemen, The defense site visit requests are attached thank you. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Day Capt Evan S Sent: Friday, August 27, 2010 13:30 To: Hur Capt Christian P; 'Faraj, Haytham'; Hatch MAJ Douglas C; Sullivan LtCol Sean Subject: RE: Ted Wacker subpoena Capt Hur, Without conceding the issue, I'm willing to send the subpoena with Ted Wacker's email address included on the list of addresses to be excluded in order to avoid further delay. I am still waiting on the other addresses so I can add those. 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 reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. -----Original Message----- From: Hur Capt Christian P Sent: Friday, August 27, 2010 12:33 To: 'Faraj, Haytham'; Day Capt Evan S; Hatch MAJ Douglas C; Sullivan LtCol Sean Subject: RE: Ted Wacker subpoena Capt Day, I think we have an issue then. Please don?t subpoena Capt Wacker's confidential communications with his brother, an attorney, without seeking prior authorization from the military judge. There is no need to rush here as a 39a is around the corner in this case. Capt Wacker may go judge alone with the assigned judge, and if he does, then you have effectively denied him his right to a fair trial and a forum selection. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Day Capt Evan S Sent: Friday, August 27, 2010 11:08 To: Hur Capt Christian P; Hatch MAJ Douglas C; Sullivan LtCol Sean Cc: 'Faraj, Haytham' Subject: RE: Ted Wacker subpoena Gentlemen, My intent is to submit the subject subpoena this afternoon. I still do not have the email addresses from the USD law professor and two attorneys in New Orleans to exclude those. With regard to Ted Wacker, I believe that issue is best resolved by in camera review. Even assuming arguendo that there were some privileged communications between the accused and his brother, there could very easily could be both privileged and non-privileged communications relevant to the case, given the obvious nature of the family relationship. Again, all emails from any particular source can be easily removed by the MJ, and no member of the prosecution will touch, much less review, any sealed files until they are released by the MJ. 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 reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. -----Original Message----- From: Hur Capt Christian P Sent: Tuesday, August 24, 2010 8:43 To: Hatch MAJ Douglas C; Sullivan LtCol Sean; Day Capt Evan S Cc: 'Faraj, Haytham' Subject: Ted Wacker subpoena Gentlemen, As requested and discussed. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error.
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NEW CM Site Visit.pdf
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approval of site visits by Col Richardson.pdf
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