RE: Lawfulness of a General Order

He gave the Government the continuance. It’s David Jones. I feel like he will not rule for us on the Hutchins motion despite the strength of the issue. I feel like I need to tighten up the facts more. I’ll call you late next week to share some ideas with you if you don’t mind making some time for us. Your advice about not painting the judge into a dismissal only corner was very important. That allows him to punt it to the Government for a fix.

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

_______________________

WASHINGTON DC METRO

1800 Diagonal Road

Suite 210

Alexandria, VA 22314

703-706-0442 Phone

DETROIT METRO

6200 Schaefer Road

Suite 202

Dearborn, MI 48126

313-457-1390 Phone

202-280-1039 Fax

www.puckettfaraj.com

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From: DHSULLIVAN@aol.com [mailto:DHSULLIVAN@aol.com]
Sent: Tuesday, September 07, 2010 7:16 PM
To: ray.slabbekorn@usmc.mil; haytham@puckettfaraj.com
Cc: joseph.grimm@usmc.mil
Subject: Re: Lawfulness of a General Order

Thanks for the heads up!

How did the military judge rule? (And who was the military judge?)

Semper Fi,
DHS

In a message dated 9/7/2010 3:09:43 P.M. Eastern Daylight Time, ray.slabbekorn@usmc.mil writes:

Gentlemen,

Glad to see Col Sullivan answered the question about general order signatory. Yancey Ellis argued this issue (as a DC) a couple of weeks ago regarding the lawfulness of a general order prohibiting spice use. I have his civilian contact info if you need it. I would hit him up about his approach.

V/R
Capt Slabbekorn

-----Original Message-----
From: dhsullivan@aol.com [mailto:dhsullivan@aol.com]
Sent: Tuesday, September 07, 2010 6:21
To: haytham@puckettfaraj.com
Cc: Slabbekorn Capt Ray B Jr; Grimm Capt Joseph I
Subject: Re: Lawfulness of a General Order

Negative -- what's the basis?

Semper fi,
DHS

-----Original Message-----
From: Haytham <haytham@puckettfaraj.com>
To: dhsullivan@aol.com <dhsullivan@aol.com>
Cc: ray.slabbekorn@usmc.mil <ray.slabbekorn@usmc.mil>; joseph.grimm@usmc.mil <joseph.grimm@usmc.mil>
Sent: Tue, Sep 7, 2010 9:08 am
Subject: Re: Lawfulness of a General Order

Thank you. Didn't you hear about the government's request for a continuance of 6 weeks?

Haytham Faraj
760-521-7934
Sent from my iPhone

On Sep 7, 2010, at 8:57 AM, dhsullivan@aol.com wrote:

> There's a fairly recent NMCCA unpublished opinion on this. An order
was signed by the deputy chief of staff and didn't indicate that it was signed by direction. NMCCA held it wasn't a general order.
>
> The case name is United States v. Sheley. Here's a link:
>
>
http://www.jag.navy.mil/courts/documents/archive/2008/SHELEY,%20R.S.%20%20200800396%20UNPUB.pdf
>
> -----Original Message-----
> From: Haytham Faraj <haytham@puckettfaraj.com>
> To: dhsullivan@aol.com
> Cc: 'Slabbekorn Capt Ray B Jr' <ray.slabbekorn@usmc.mil>; 'Grimm Capt
Joseph I' <joseph.grimm@usmc.mil>
> Sent: Tue, Sep 7, 2010 8:10 am
> Subject: Lawfulness of a General Order
>
> Col Sullivan,I have a question that despite researching I could not
quitefind a clear answer to. Does a purported General Order signed by a Chief ofStaff who is not a GCMCA a lawful General Order? Based on my reading ofArticle 92 it seems to require the signor to be a flag officer or an GCMCA. Any advice or recommendations you have are appreciated. Haytham Faraj, Esq.PUCKETT & FARAJ, PC_______________________WASHINGTON DC METRO1800 Diagonal RoadSuite 210Alexandria, VA 22314703-706-0442 Phone DETROIT METRO6200 Schaefer RoadSuite 202Dearborn, MI 48126 313-457-1390 Phone202-280-1039 Fax www.puckettfaraj.com The informationcontained in this electronic message is confidential, and is intended for theuse of the individual or entity named above. If you are not the intendedrecipient of this message, you are hereby notified that any use, distribution,copying of disclosure of this communication is strictly prohibited. If youreceived this communication in error, please notify Puckett & Faraj, P.C.at
888-970-0005 or via a return the e-mail to sender. You arerequired to purge this E-mail immediately without reading or making any copy ordistribution.
>