Fwd: ROWE

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