Re: ROWE

[Haytham <haytham@puckettfaraj.com>]

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
>