RE: ROWE

[Haytham Faraj <haytham@puckettfaraj.com>]

Good morning Chris,
Please call me when you have a few minutes to discuss Rowe.  I am available
at 760-521-7934

-----Original Message-----
From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil] 
Sent: Monday, July 25, 2011 9:38 AM
To: Haytham Faraj
Cc: Mcconnell Major Matthew N
Subject: RE: ROWE

I am about to send a shell 34 advice ltr to the MCCDC SJA.  They are going
to put this in front of the CG early this week.  All indications are that
they are going to refer, but I think we can sway the thought process with
NJP deal and RILT.

Captain Christopher M. Hoover, USMC
Military Justice Officer MCB Quantico
Work: (703) 784-0037
Cell: (603) 809-5781


-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Friday, July 22, 2011 12:52
To: Hoover Capt Christopher M
Cc: Mcconnell Major Matthew N
Subject: Re: ROWE

We're not saying no. I'm in a location where conversation by phone is
exceedingly expensive. I'll be back on Monday. Can it wait till then?

Haytham Faraj
Sent from my iPad

On Jul 22, 2011, at 12:26 PM, "Hoover Capt Christopher M"
<christopher.hoover@usmc.mil> wrote:

> Think of it this way, give the CG a reason to accept the alternative dispo
at this point.  Give us a NJP deal with pleas to certain charges, so that we
can roll it all up together.  CG would be more inclined to accept it at this
juncture, instead of after referral to GCM.  Your call.
> 
> Captain Christopher M. Hoover, USMC
> Military Justice Officer MCB Quantico
> Work: (703) 784-0037
> Cell: (603) 809-5781
> 
> 
> -----Original Message-----
> From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
> Sent: Friday, July 22, 2011 12:23
> To: Hoover Capt Christopher M
> Subject: Re: ROWE
> 
> I'm overseas. I'll be back Monday. 
> 
> Haytham Faraj
> Sent from my iPad
> 
> On Jul 21, 2011, at 6:45 AM, "Hoover Capt Christopher M"
<christopher.hoover@usmc.mil> wrote:
> 
>> This is about to go up the general for signature.  Give me a NJP deal
along with a RILT.  Timing is about to get away from us, and the CG will be
less inclined to deal with this administratively.
>> 
>> Captain Christopher M. Hoover, USMC
>> Military Justice Officer MCB Quantico
>> Work: (703) 784-0037
>> Cell: (603) 809-5781
>> 
>> 
>> -----Original Message-----
>> From: Haytham [mailto:haytham@puckettfaraj.com] 
>> Sent: Tuesday, July 05, 2011 11:20
>> To: Hoover Capt Christopher M
>> Cc: Mcconnell Major Matthew N
>> Subject: Re: ROWE
>> 
>> I can recommend an NJP. I cannot advise a BOI waiver. What I can support
is a request for a resignation. If that is something you can get behind,
I'll discuss it with Capt Rowe. I'm happy to recommend that this case go
away. But I will not recommend that my client bear a greater burden than he
is responsible for. 
>> 
>> Vr,
>> 
>> Haytham Faraj 
>> Sent from my iPhone
>> 
>> On Jul 5, 2011, at 10:42 AM, "Hoover Capt Christopher M"
<christopher.hoover@usmc.mil> wrote:
>> 
>>> If you gave me a NJP with a BOI waiver, I would support it with the
command, pleading only to 133.  I am working on a TC memo and I think the
timing of a PTA along with the Art 32 report and memo could work with the CA
in the case.  
>>> 
>>> Captain Christopher M. Hoover, USMC
>>> Military Justice Officer MCB Quantico
>>> Work: (703) 784-0037
>>> Cell: (603) 809-5781
>>> 
>>> 
>>> -----Original Message-----
>>> From: Rob Bracknell [mailto:rob.bracknell@gmail.com] 
>>> Sent: Wednesday, June 29, 2011 22:50
>>> To: Hoover Capt Christopher M; haytham@puckettfaraj.com; McConnell Sgt
Matthew C
>>> Cc: Bracknell LtCol Robert G
>>> Subject: Draft Report -- final to be delivered tomorrow
>>> 
>>> This will help both sides get a jump start tomorrow on resolving this
case.
>>> 
>>> Summary of my rec:  this is not a GCM case because the Article 120 and
related sexual assault-type offenses are unprovable through the testimony of
1stLt Klay, and there is insufficient independent corroboration to shore up
her testimony.  Moreover, there is a problem with the charging theory on the
element of force -- the acts alleged by the government do not constitute
"force" within the meaning of the sexual assault statutes.  Capt Rowe rates
punishment for a handful of lesser offenses at a lower forum and should be
separated from the Marine Corps, but not through the means of a GCM.
>>> 
>>> You can reach me after tomorrow at my gmail address or my usmc.mil
address.  I will join at New River Friday morning.
>>> 
>>> s/f,
>>> rgb
>>> 
>>> 
>>> 
>>> -- 
>>> 
>>> Butch Bracknell
>>> Lieutenant Colonel, US Marine Corps
>>> CMC Fellow, The Atlantic Council
>>> rbracknell@acus.org
>>> 757-287-4704
>>>