Re: ROWE

[Haytham Faraj <haytham@puckettfaraj.com>]

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
>>