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
> Fax: (619) 524-6784
> 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
> Fax: (619) 524-6784
> 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, 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 proper business purpose. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance upon contained information is strictly prohibited. The 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.
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>
> -----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
> Fax: (619) 524-6784
> 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
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