certainly From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Wednesday, October 26, 2011 12:16 PM
To: Haytham Faraj
Subject: Re: Unreasonable Command Idiocy Will you edit it for me? 1800 Diagonal Rd, Suite 210 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 703-706-9566 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. On Oct 26, 2011, at 12:06 PM, Haytham Faraj wrote:
I think you should write a brief article and send it to the ABA Journal. They do an email blast once a week to hundreds of thousands of lawyers and include articles of interest. How embarrassing would it be for the lawyers on the Government side to be the subject of such grand infamy. From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Wednesday, October 26, 2011 9:13 AM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD; Faraj Haytham
Subject: UCI: Unreasonable Command Idiocy So let me get this straight. Congress and the President have provided for an affirmative defense to charges that include a standard of proof burden which the DEFENSE must carry, a VERDICT specifically designed for this situation where a trier of fact finds the burden has been carried, and a post-trial process to ensure that the former accused poses no continuing danger. It's there. It's the law. But it's only VALID law so long as it never actually happens? This cannot stand. There must be a way to appeal, right!? Didn't the judge understand we were supposed to win? Dang! UCI: Unreasonable Command Idiocy. The view from the field of battle. 1800 Diagonal Rd, Suite 210 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 703-706-9566 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. On Oct 26, 2011, at 8:32 AM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote: I've heard a grand total of nothing on this at the appellate level. The government has 20 days from the date the 72-hour letter was filed to file the ROT with AFCCA. The ROT hasn't been filed yet, but the deadline hasn't passed. Even if the government chooses to file the ROT, it can still bail out on filing the appeal, since they have another 20 days to file their brief once the ROT is filed.
I don't think there's any real doubt that AFCCA wouldn't have jurisdiction over an appeal of the MJ's ruling. For that reason, I'll be surprised if JAJG ultimately files an appeal. But they might file the ROT before making the decision not to pursue the appeal, since one can file the ROT and not appeal but if one doesn't file the ROT, one is thereafter barred from appealing.
If the ROT is filed and it's consistent with your litigation posture, I'd be more than happy to work up a motion to dismiss for lack of jurisdiction.
Semper Fi,
DHS
Dwight H. Sullivan
Senior Appellate Defense Counsel
Air Force Appellate Defense Division
(AFLOA/JAJA)
1500 West Perimeter Road, Suite 1100
Joint Base Andrews, MD 20762
240-612-4773
DSN: 612-4773
Fax: 240-612-5818
-----Original Message-----
From: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD
Sent: Wednesday, October 26, 2011 8:28 AM
To: Neal Puckett; Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham
Subject: RE: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal
Mr. Sullivan,
I'm curious if you've heard anything at your end of the hall on the status of this 62a appeal? I'm hearing disheartening and disturbing rumors that the legal office (and above) is actively pursuing avenues to retry this case. As if our client hasn't been put through enough over the past 18 months, they just can't seem to be able to accept the verdict as is.
V/r
Ranae
Ranae L. Doser-Pascual, Capt, USAF
AFLOA/JAJD Deputy Chief Policy and Training
Joint Base Andrews NAF, MD
DSN: 612-4792
COMM: 240-612-4792
-----Original Message-----
From: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Saturday, October 15, 2011 9:27 PM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham; Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD
Subject: Fwd: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal
Dwight,
MJA case. Client found NG only by reason of lack of mental responsibility of all charges and specifications Thurs at 1600L at Dyess AFB.
Am I reading that the Govt is appealing this finding? Is this possible? Are we in the Twilight Zone?
S/f,
Neal
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
Senior Partner
Puckett & Faraj, PC
703.706.9566
www.puckettfaraj.com
Begin forwarded message:
From: "Kouba, Dustin B Capt USAF ACC 7 BW/JA" <Dustin.Kouba@dyess.af.mil>
Date: October 15, 2011 18:05:41 EDT
To: "VAN DALEN, MATTHEW D LtCol USAF AETC AFLOA/JAT" <matthew.van_dalen.1@us.af.mil>, "'Puckett Neal'" <neal@puckettfaraj.com>, "Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD" <ranae.doser-pascual@pentagon.af.mil>
Cc: "ALBERTSON, KIRK W Capt USAF AMC AFLOA/JAJG" <kirk.albertson@us.af.mil>, "Harris, Ervin N Capt USAF ACC 7 BW/JA" <Ervin.Harris@dyess.af.mil>, "Mann, Elizabeth A SSgt USAF ACC 7 BW/JA" <Elizabeth.Mann@dyess.af.mil>
Subject: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal
Lt Col Van Dalen, Mr. Puckett & Capt Doser-Pascual,
Attached please find the Government’s Notice of Appeal in the case of U.S. v. 1st Lt Patrick T. Burke dated 15 October 2011. Please contact me with any questions or concerns.
Very respectfully,
Dustin B. Kouba, Capt, USAF
Trial Counsel
7 Lancer Loop, Ste 223
Dyess AFB, TX 79607
DSN: 461-2035
Comm: 325-696-2035
CONFIDENTIALITY NOTICE: This electronic transmission contains confidential information intended only for the person(s) named in the distribution above. It may contain attorney work-product or information protected under the attorney-client privilege, both of which are protected from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. Confidential information is also protected by the Privacy Act, 5 U.S.C. § 552a, or other applicable laws. Do not release outside of DoD channels without prior authorization from the sender. If you receive this transmission in error, please notify the sender and delete copies of this message.
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