I'm going to call at about 1030 your time. I'm going to have you edit, save, and email this motion to me. Haytham Faraj Sent from my iPhone
Begin forwarded message:
Here's my suggested mark-up. God I envy you guys!!!
Semper Fi,
DHS
-----Original Message-----
From: Haytham Faraj < haytham@puckettfaraj.com>
To: 'Babu Kaza' < babu_kaza@hotmail.com>; dhsullivan@aol.com; neal@puckettfaraj.com
Sent: Thu, Apr 14, 2011 6:17 pm
Subject: RE: Retiree Involuntary Recall
I know this. Tafoya HAS NEVER been a detailing authority and detailing authority never passed to RDC-West.
The Government's argument at CAAF for both Wuterich and Hutchins was that the detailing authority severed the ACR for good cause under 505. In their Wuterich brief they explicitly argue that Tafoya, as the putative detailing authority, severed the ACR in March 2009 when he stated on the record that Vokey had retired. That's on page 30 of their CAAF answer.
Also, just to clarify, 90% my work on the motion this morning was copying and pasting from Col Sullivan's briefs.
In answer to your questions:
(1) Yes The detailing authority was in Okinawa
(2) Yes
(3) Jones was the detailing authority in August of 2008
I'm stunned by the implications of what Haytham writes below.
Let me see if I understand this correctly (I might not):
(1) The detailing authority was NOT the RDC at Pendleton, but the RDC in Okinawa.
(2) As a matter of law, when LtCol Vokey left active duty, one of the authorities who could relieve him is the authority with detailing power. R.C.M. 505(d)(2)(B).
(3) That makes whoever was the RDC in Okinawa on 6 August 2008 a necessary witness to determine whether that individual relieved Colby.
Was Jones the RDC in Okinawa on 6 August 2008? If so, you should move to recuse him, you should put him on your witness list for purposes of the motion, and you should do whatever else we can think of to make his disqualification obvious.
So who was the RDC in Okinawa on 6 August 2008?
Here it is. Babu took what I started and returned a couple of hours later with this masterful writing. He gets all the credit. Please review and send it back to me.
I want to come and spend a day in the office with you to learn how you organize before you begin writing. I am thoroughly impressed with your command of the facts and the law on such a short notice.
One notable change that I made is the part about detailing. Here is how detailing worked. Colby was granted detailing authority for the Hamdaniya and Haditha cases. He, however, wanted to represent Wuterich. He, therefore, had Col Favors ask the convening authority at the time âGen Mattis- to grant detailing authority to RDC-Pacific, LtCol Simmons. By doing that Colby would not be conflicted out of being detailed and he really wanted to represent Wuterich. Colby Vokey was RDC-West and remained in that billet until April of 2008. LtCol Simmons was replaced as RDC-Pacific by LtCol Jones âYes! Our Judge. So theoretically detailing authority would have moved to Jones. (I am now thinking that this is an issue that we might want to raise. Jones assumed cognizance as the detailing authority for the cases. Can he act as a Judge in the case?) Detailing authority for the Haditha cases never rested with RDC-West. It could not have because Tafoya was detailed to the case and, as you know, he cannot be a detailing authority to counsel who represent his clientâs co-accused.
Thank you again for your help Babu.
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Thursday, April 14, 2011 11:14 AM
To: Faraj Haytham
Subject: Fwd: Retiree Involuntary Recall
Point paper on Dept of Navy manpower policies and regulations.
1800 Diagonal Rd, Suite 210
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Date: January 25, 2011 4:53:05 PM EST
Subject: Retiree Involuntary Recall
After discussing the hypothetical scenario and confirming my findings with SMEs at Manpower and Reserve Affairs (M&RA) Quantico, the Commandant of the Marine Corps can authorize the involuntary recall of a retired Marine. Specifying reason(s) for recall action not necessary. Of course, the retired member must pass a recall physical. My report is attached.
Pgs 1-7 address your specific questions
Pg 8 is a summarized list of references used
Pgs 9-19 provide excerpts from references reviewed
Please let me know if this gives you what you need.
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