I was aiming for the morning of the 29th if that’s possible. From: dhsullivan@aol.com [mailto:dhsullivan@aol.com] Oorah -- I can't do today due to my due dates. I hope I can make it on Thursday and Monday. Semper Fi, -----Original Message----- Sir- We've got three moots scheduled here at the Navy Yard. The dates are: Today at 1400, 24 March @ 1400, and 29 March @ 1400. I've cc'd Babu on this email so you can coordinate a sit down with him if you like. v/r Sip -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Tuesday, March 22, 2011 7:39 To: DHSULLIVAN@aol.com Cc: neal@puckettfaraj.com; Sripinyo, Kirk Major NAMARA, CODE 45 Subject: Re: Wuterich oral argument Could you ask Maj Kaza if he is available Tuesday morning so I can go over ehe facts with him? In fact it would be ideal if we could do a mock board with him. We could do it in our office in Alexandria. Haytham Faraj Sent from my iPhone On Mar 22, 2011, at 1:18 AM, DHSULLIVAN@aol.com wrote: Gentlemen, I'm pleased to report that on Monday, Major Kaza received orders that make him available to orally argue the Wuterich case for the defense. Neal, I know that you wanted me to do the oral argument and I was planning to do so if we couldn't get Maj Kaza into a status that would allow him to make the argument in compliance with Article 70 and other applicable statutes. But in light of Maj Kaza's orders, that concern has been resolved. There is no doubt in my mind that Maj Kaza will make a better oral argument than I could. I honestly don't believe I could master both the record and the law before the oral argument next week. But Maj Kaza is already the master of the law in this area, having argued the Hutchins case. And, not insignificantly, Maj Kaza prevailed on the issue of the permissibility of terminating representation in Hutchins, losing only on the prejudice issue. Given the Wuterich case's current procedural posture, convincing CAAF that there have been two erroneous terminations of representation is the most important task for the defense on the writ appeal. Maj Kaza is uniquely well qualified to make that argument. As soon as Mr. DeCicco indicated that CAAF would likely hear oral argument on the Wuterich writ appeal, I thought Maj Kaza was the best choice to make the argument. From my conversations with him, I know Maj Sip agrees. I'm now more confident than ever that Maj Kaza is the right choice. I have two court filings that I must make this week. One is due on Tuesday, which I'm still working on a bit after 0100 this evening. As if that's not enough, my civilian office is moving from Bolling AFB to Andrews AFB next Tuesday, the day before the Wuterich argument, so I need to remove everything I have from my office by COB Monday. Those commitments would make it even harder for me to prepare to make an effective argument in the Wuterich case next Wednesday. But, again, even without those concerns, I have no question that Maj Kaza would give a far better oral argument than would I. The next issue is who should sit at the counsel table with Maj Kaza. While Maj Sip and I haven't discussed this topic, I suggest that Neal sit with Maj Kaza. It's quite likely that questions will arise concerning details from the proceedings thus far. Neal would be best placed to help Maj Kaza answer such questions. Gentlemen, please let me know if you ave any questions or if you would like to discuss further. I should be in the office about 0800 on Tuesday -- 202-767-8885. Semper Fi, DHS |