[no subject]

I want this all to be over with, but I don't want to start mixing apples
with oranges. I'm still having a difficult time grasping the "No Punishment"
sentence by the Members with the ability of the CA to give me Non-Judicial
"Punishment" for the same action (separating out any alleged unlawful drug
use); how is that not an increase on the maximum sentence by the members?

In regard to the adderall: 
SECNAVINST 5300.28D 
7.b. Drug use by members of the Naval Service is inconsistent with the high
standards expected of all personnel. Members will be disciplined, as
appropriate, and processed for separation in accordance with references (i)
[Enlisted Separations] and (j) [Officer Separations].

According to Ref. (j), SECNAVINST 1920.6C:
44. Unlawful drug involvement. Includes
a. drug abuse - the illegal or wrongful use or possession of controlled
substances
b. drug trafficking - the illegal or wrongful distribution or possession
with intent to sell or transfer controlled substances.
c. drug paraphernalia - the illegal or wrongful possession or distribution
of drug paraphernalia as set forth in reference (f)

If mandatory processing for separation is only for "unlawful" drug use, then
there is nothing "mandatory" about this situation. Which, I know, is not how
the TCs are viewing things... but the burden of proof is still on them. I'm
not trying to play games, but I'm not going to lie down for them--I'm just
trying to protect myself.

At this point, I don't see any need for a post-trial PTA. Let the SJA put
forth his recommendation. We will put forth ours and the CA will take
action. If there is further process to take place, then so be it.

My eyes and ears remain open to listen to any other offers from the Gov't,
as well as any predictions or recommendations you may have.

S/F

Doug

Douglas S. Wacker
Captain, USMC
Future Operations Officer
MWHS-3, 3D MAW
douglas.wacker@usmc.mil
Wk: 858-577-6730
DSN: 267-6730
Cell: 858-401-9392

"Don't tell people how to do things, tell them what to do and let them
surprise you with their results." ~George S. Patton 


-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Saturday, March 19, 2011 7:17
To: 'Douglas Wacker'
Cc: Hur Capt Christian P; Wacker Capt Douglas S
Subject: RE: Clemency ICO US v. Capt Wacker

There is no sympathy for you among these prosecutors.  They will seek to end
your career and will use any means possible.  They will go after the
Adderall crap and I wouldn't be surprised if they try to get Nichole Cusak
involved.  I am not telling you to do one thing over another.  I think if I
were in your shoes I would also take my chance with the BOI.  I have to
check the regulations but I believe they can't seek an OTH without SECNAV
approval.

 

From: Douglas Wacker [mailto:douglas.wacker@gmail.com] 
Sent: Friday, March 18, 2011 7:54 PM
To: Haytham
Cc: Hur Capt Christian P; Wacker Capt Douglas S
Subject: Re: Clemency ICO US v. Capt Wacker

 

Haytham,

Chris and I have been discussing the matter.

At this point, I am willing to accept a generalized "conduct unbecoming an
officer and a gentlemen" NJP in exchange for clemency (NPLOC is preferred).
I'm not really ready to resign, I'm leaning towards having to go to a BOI, I
would reconsider, if it was an Honorable Discharge. I'm not sure what all my
options are and how things will play out. I need to assess the consequences
of having a federal conviction, NJP, and/or early discharge with baby on the
way. I also need to assess how whatever comes out of this on paper will
affect my legal career. 

I mean I would rather have the Adderall than the Lying on paper (moral
character and fitness to practice law). If I get out, I need to be able to
practice law. There is no way that I will be able to pay off all of my debt
without being a lawyer.

These are the thoughts going through my head. If possible I would like to
discuss the different options early next week with both of you.

S/F

Doug




On Fri, Mar 18, 2011 at 4:38 PM, Haytham <haytham@puckettfaraj.com> wrote:

That's Doug's decision. Do we need to talk

Haytham Faraj
Sent from my iPhone


On Mar 18, 2011, at 7:12 PM, "Hur Capt Christian P" <christian.hur@usmc.mil>
wrote:

> Just spoke with Maj Hatch.  He and the SJA are talking about a post trial
PTA for NJP for adderall and the 133 lying to the board.  In exchange, Doug
would resign and get out with a general.  Maybe some flexibility on the
discharge, but probably not.
>
> Christian P. Hur
> Captain, USMC
> Senior Defense Counsel
> Telephone:  (619) 524-8713 <tel:%28619%29%20524-8713> 
> Fax:  (619) 524-6784 <tel:%28619%29%20524-6784> 
> Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
>
> This email may contain Attorney Work Product.  Please delete if you
received
> this message in error.
>
>
> -----Original Message-----
> From: Hatch MAJ Douglas C
> Sent: Friday, March 18, 2011 16:04
> To: Hur Capt Christian P
> Subject: FW: Clemency ICO US v. Capt Wacker
>
> Chris,
>
> I have a couple of potential COA's to run by you re: clemency.  Are you
the primary POC for post-trial issues wrt Capt Wacker?
>
> I'm in trial starting Monday; what's your availability to talk later in
the week?
>
> S/F
>
> Maj Hatch
>
> -----Original Message-----
> From: Hur Capt Christian P
> Sent: Friday, March 18, 2011 2:05 PM
> To: Brubaker Col Kurt J ; Wilson Maj Brett M
> Cc: 'haytham@puckettfaraj.com'; Hatch MAJ Douglas C
> Subject: RE: Clemency ICO US v. Capt Wacker
>
> Thank you Sir.
>
> Christian P. Hur
> Captain, USMC
> Senior Defense Counsel
> Telephone:  (619) 524-8713 <tel:%28619%29%20524-8713> 
> Fax:  (619) 524-6784 <tel:%28619%29%20524-6784> 
> Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
>
> This email may contain Attorney Work Product.  Please delete if you
received
> this message in error.
>
>
> -----Original Message-----
> From: Brubaker Col Kurt J
> Sent: Friday, March 18, 2011 13:32
> To: Hur Capt Christian P; Wilson Maj Brett M
> Cc: 'haytham@puckettfaraj.com'; Hatch MAJ Douglas C
> Subject: RE: Clemency ICO US v. Capt Wacker
>
> Roger, Capt Hur, appreciate the heads-up.  Best course of action is to
develop this per standard procedure and present clemency as 1105/1106
matters for the CG's consideration.  Once you feel ready to discuss the case
in support of a clemency request, touch base w/ me again and I'll let the CG
know of your request to meet w/ him.
>
> S/F,
>
> Kurt J. Brubaker
> Colonel, U.S. Marine Corps
> Staff Judge Advocate, 3d Marine Aircraft Wing/
> Director of Legal Services, MCAS, Miramar
> (858) 577-7395 <tel:%28858%29%20577-7395> , DSN 267
> -----------------------------------
> The information contained in this e-mail, and any attachments, is
UNCLASSIFIED//FOR OFFICIAL USE ONLY and may be LEGALLY PRIVILEGED.  This
information is intended for the sole use of a particular recipient for a
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sender has not waived any applicable privilege by sending this transmission.
If you received this e-mail in error, please notify the sender immediately,
either by return e-mail or by using the telephone numbers provided.
>
>
> -----Original Message-----
> From: Hur Capt Christian P
> Sent: Friday, March 18, 2011 10:05
> To: Brubaker Col Kurt J ; Wilson Maj Brett M
> Cc: 'haytham@puckettfaraj.com'; Wacker Capt Douglas S
> Subject: Clemency ICO US v. Capt Wacker
>
> Sir,
>
> Good morning.
>
> We are currently in receipt of several letters of recommendation from the
members for clemency for Capt Wacker on the conviction under Art 133.  The
members' sentencing worksheet also adjudged no punishment and recommended
that the conviction be set aside.
>
> Unless, the CG intends to grant Capt Wacker clemency outright on the sole
guilty verdict, Sir, we would very respectfully request the time to compile
a clemency package detailing the particulars of his case and the UCI issues
that were found by the Military Judge. In order to do so, we will need to
wait for the military judge's findings of fact and the Record of Trial
(audio transcript) to be provided by the court, before we can present this
package to the chain of command and your office.
>
> If clemency is not granted outright, we would also respectfully request an
audience with the MWHS-3 Commanding Officer, LtCol Vranish, yourself, and
then the Commanding General to present the package of recommendations and
details of the case. We intend to have the package available within 10 days
of the Record of Trial being received.
>
> Thank you for your time Sir.
>
> Christian P. Hur
> Captain, USMC
> Senior Defense Counsel
> Telephone:  (619) 524-8713 <tel:%28619%29%20524-8713> 
> Fax:  (619) 524-6784 <tel:%28619%29%20524-6784> 
> Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
>
> This email may contain Attorney Work Product.  Please delete if you
received
> this message in error.
>




-- 
Douglas S. Wacker
1719 Adams Ave
San Diego, CA 92116
858.401.9392