This is a good report. Fact is you committed the biblical adultery. That may be sufficient to push that charge or that charge and a conduct unbecoming. What you do in a hotel room is your business and cannot be the basis of a charge, whether it is true or not. That is essentially what the IO says. I don’t know what the command will do with respect to the court-martial. The may be push forward anyway. From: jim rowe [mailto:jroweusmc@yahoo.com]
Sent: Thursday, June 30, 2011 12:48 PM
To: Haytham Faraj
Subject: RE: Fwd: Draft Report -- final to be delivered tomorrow I could tell my side of it, but that would cause me to admit to adultery. I mean what in the world were we driving to west virginia to a hotel for on multiple occasions? I am not sure if I could give my side without hurting myself in other areas beyond that night. Do you see this report as a positive or negative? If I do not accept NJP and am cleared at court martial, can I still go before a BOI? Is the BOI to decide my discharge?
--- On Thu, 6/30/11, Haytham Faraj <haytham@puckettfaraj.com> wrote:
From: Haytham Faraj <haytham@puckettfaraj.com>
Subject: RE: Fwd: Draft Report -- final to be delivered tomorrow
To: "'jim rowe'" <jroweusmc@yahoo.com>
Date: Thursday, June 30, 2011, 8:38 AM
We now wait to find out what the General will say. If you feel like you would like your side to be heard, you can submit your own letter to tell what happened. I think it would be a good idea to do that. Obviously LtCol Bracknell thought she told the truth about the porn in the room. A letter from you will allow you to present your side so it becomes a part of the file. Even if these charges are recommended for disposition at NJP, I believe that will not be the end of it and you will likely find yourself at a BOI. From: jim rowe [mailto:jroweusmc@yahoo.com]
Sent: Thursday, June 30, 2011 6:48 AM
To: Haytham Faraj
Subject: Re: Fwd: Draft Report -- final to be delivered tomorrow Sir, Thanks. What do we do from here? Will they offer a deal? I kinda want to play this all the way out, because her made up story of the hotel porn and masturbation is just as untrue as the rest of her testimony. Also, can I sue her and that husband of hers? Jim
--- On Wed, 6/29/11, Haytham Faraj <haytham@puckettfaraj.com> wrote:
From: Haytham Faraj <haytham@puckettfaraj.com>
Subject: Fwd: Draft Report -- final to be delivered tomorrow
To: "jim rowe" <jroweusmc@yahoo.com>
Date: Wednesday, June 29, 2011, 11:08 PM
Here's the report for your review.
Haytham Faraj From: Rob Bracknell <rob.bracknell@gmail.com>
Date: June 29, 2011 10:50:09 PM EDT
To: christopher.hoover@usmc.mil, haytham@puckettfaraj.com, matthew.mcconnell@usmc.mil
Cc: "Rob & Rebecca Bracknell (robert.bracknell@usmc.mil)" <robert.bracknell@usmc.mil>
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. Lieutenant Colonel, US Marine Corps CMC Fellow, The Atlantic Council
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