Carolyn: I do not have the Shemami response as I thought I did. I am including the defense' motion in the Benjamin case and the Government's reply. I will get on Pacer later today and pull up the Shemami motion. One of the issues we have to address is what is a "qualified witness?" I have attached some research for you to consider. Sargon is the Iraqi former IIS official who the government uses as the "qualified witness" to get the documents admitted. Today I received the Government's exhibits for this motion as well as the actual motion. I have scanned the motion and its exhibits. I am also including an attack matrix that I created regarding these documents. I do not want you to use the matrix information in the motion. The matrix is for my cross examination of the Government's witness, probably Sargon. You should use the matrix to better understand why these documents do not have the requisite indicia of reliability necessary to come to into evidence in light of the right to confrontation. You MUST use a confrontation argument in addition to the Rules of Evidence in responding to the Government's motion. We can disuses in greater detail tomorrow when we meet. Haytham -----Original Message----- From: Carolynn Beck [mailto:carolynn.beck@gmail.com] Sent: Wednesday, March 03, 2010 10:34 AM To: Haytham Faraj Subject: Re: U.S. v. Hamama Hi Haytham, I looked through my files for the Shamami response to the government's motion to admit and could not find it. Do you mind sending it to me whenever you have a moment, so that I'll have it with me? Thank you, Carolynn Beck (202) 316-1367 On Mar 1, 2010, at 6:45 PM, Haytham Faraj wrote: Carolyn, Please begin researching and preparing a response for the attached government motion. It was filed today. You can put 3D on hold until this is complete. I am working on a couple of motions today that will keep me busy late into the night. Let×ââs discuss this motion tomorrow afternoon. That will give me time to read and digest it. Please be prepared to discuss strategies for a response. Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC×â SAN DIEGO ×â DEARBORN www.puckettfaraj.com 888.970.0005 Toll Free 202.280.1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. <G motion to admit documents.pdf> No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.733 / Virus Database: 271.1.1/2712 - Release Date: 03/03/10 02:34:00
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020808_Sargon.pdf
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motion to preclude admission of ISI documents.pdf
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G reply to motion to exclude ISI documents.pdf
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qualified witness cases.docx
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U.S. v. Baker (definition of qualified witness).doc
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Motion.pdf
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Exh. 1.1.pdf
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Exh. 1.2.pdf
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exh. 1.4.pdf
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exh. 1.5-1.15.pdf
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exh. 1.16-1.27.pdf
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exh. 1.37-1.47.pdf
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exh.1.28-1.36.pdf
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exh. 1.48 - 3.pdf
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document objections matrix.docx
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