**MEDIA ADVISORY**
March 1, 2010    CONTACT: John Donnelly (317) 848-0201

Reps. Burton, Rohrabacher To Renew Call For Exoneration Of Navy SEAL Three On Thursday

Press Conference Will Feature Over A Dozen Retired Special Forces Personnel, Plus An Update On The Pending Trials

WASHINGTON, D.C. – On Thursday, March 4, at 3:00pm, Reps. Dan Burton (R-IN-05) and Dana Rohrabacher (R-CA-46), will be joined by over a dozen retired Navy SEALs and other special forces personnel to host a press conference calling for the exoneration of the three Navy SEALs accused of mistreating al-Qaeda terrorist Ahmed Hashim Abed.

Who:
Rep. Dan Burton (R-IN-05)
Rep. Dana Rohrabacher (R-CA-46)
Neal Puckett, Lt. Col, USMC (Ret.), attorney for Matthew McCabe
Mr. Haytham Faraj, attorney for Matthew McCabe
Captain Larry Bailey, retired U.S. Navy SEAL
Over a dozen retired Navy SEALs and other special forces personnel

When:
Thursday, March 4, 3:00pm

Where:
The Capitol Visitors Center, Room HVC-201
Washington, DC

Background:
In September 2009, SEALs Matthew McCabe, Julio Huertas, and Jonathan Keefe, were part of a team that captured Ahmed Hashim Abed, the al-Qaeda mastermind behind the murder and mutilation of four American contractors in Fallujah in 2004.

In December 2009 and January 2010, the SEALs were arraigned in military court on charges of abusing Abed and giving false statements to investigators.  At that time, Reps. Burton and Rohrabacher, along with 38 other members of Congress, asked Major General Charles Cleveland to drop the charges, but the effort was unsuccessful.

With the trials set to begin for Huertas and Keefe in April and McCabe in May, Reps. Burton and Rohrabacher will again call for their exoneration and show the signatures of over 100,000 Americans on petitions that have called for the same.  The Representatives plan to deliver those signatures to Maj. Gen. Cleveland and Admiral Gary Roughead, Chief of Naval Operations.

Neal Puckett and Haytham Faraj, attorneys for Matthew McCabe, will provide an update on the case.

Capt. Larry Bailey, a Navy SEAL and combat veteran who served in the U.S. Navy from 1962-1990 will speak about the impact of this case on SEALs in the battlefield.

Despite the public outcry, the Navy SEALs are still facing special courts-martial after their January 2010 arraignments; SO1 Huertas and SO2 Keefe in April and SO2 McCabe in May 2010.

Military Judges Rule on Motions

The military judge in the Huertas and Keefe case closed the last motion hearing by directing the April courts-martial be held in Baghdad so the Iraqi detainee would be present to testify live in the courtroom.  The government declined to attempt to bring the detainee to Norfolk for the trials.  The military judge determined the defense attorney’s request for the Constitutional right to confrontation required the Iraqi detainee to be present.  The government request to depose the detainee was denied, and the entire cadre to support two special courts-martial will travel to Iraq.

A second military judge, ruling on the McCabe case, upheld the government request for a deposition but did not move the court-martial to Iraq.  The special court-martial will be held in Norfolk, VA, beginning on May 3, 2010.

General Cancels Deposition

Since those two military judge’s rulings, Major General Cleveland has canceled the government trip to Iraq to depose the detainee.   This leaves the SO2 McCabe defense and government teams without the Iraqi detainee’s presence or sworn statements as evidence in the case.

News Release: Neal A. Puckett will appear on FOX News “American Newsroom” this morning at 9:45 AM Eastern time to provide an update on the Navy SEAL case and his client SO2 McCabe.  Tune in for the latest information!

Press  Release:  The trial of SO2 Matthew McCabe has been moved from January 19, 2010 to May 3, 2010 in Norfolk, VA.  The Military Judge ruled that the government request for a delay was approved.  However, she did not move the court-martial to Iraq as did the Military Judge in the cases of the other two Navy SEALs charged in the case.

A different Military Judge in the cases of SO2 Keefe and SO1 Huertas ordered the cases be tried in Iraq to accommodate the defense requests for the detainee to be present after declining to accept a deposition.  The SO2 Keefe Case is scheduled to begin on 5 April 2010 and SO1 Heurtas is scheduled to begin on 19 April 2010.

Representative Dan Burton (R-IN-05) received a December 15, 2009 reply from Major General Cleveland, indicating he will continue with the Navy SEALs special courts-martial.  Rep. Burton’s January 4, 2010 reply letter strongly urges the General to reconsider.

General Cites Enforcement of Lawful Orders

The General reportedly cited the incomplete and misrepresentation of facts by the media, the need to enforce lawful orders no matter how small the infraction, and the refocus on the case on allegations of attempted cover ups and influence of a witness.

Rep. Burton Urges Non-Punitive Means

Rep. Burton’s second letter to the command acknowledges the need for discipline but restates that the punishment far exceeds the crime.  The Congressman additionally cites concern over the culture of the military where members are more concerned about protecting themselves from prosecution than fighting the enemy; the perception of America by terrorists as too weak to do what is necessary; and the damage caused to America’s morale if these courts-martial proceed.

Navy SEAL Prosecution at What Cost?

Military members have the responsibilities to act on the battlefield within political and military policies and rules of engagement and in accordance with their training and the unit mission standing operating procedures (SOPs).  In this case, the Navy SEALs are being prosecuted at a level deemed a federal crime rather than through administrative means that would leave the military morale and their continued service to the country in place.

Three Navy SEALs face court-martial in the alleged stomach punch of an Iraqi detainee earlier this year.  Two of the SEALs, SO2 McCabe and SO1 Huertas were arraigned in a military court on Monday, December 7, 2009.  The other SEAL, SO2 Keefe, will be arraigned later.  All are facing court-martial early next year.  A second Defense Fund has been established by an independent organization.

DISCLAIMER: THE FOLLOWING INFORMATION IS PROVIDED WITHOUT ENDORSEMENT.  THE LAW FIRM OF PUCKETT & FARAJ, PC DOES NOT CONTROL OR HAVE ANY PROFESSIONAL OR FINANCIAL AFFILIATION WITH ANY LEGAL DEFENSE FUND.  LEGAL DEFENSE FUNDS OPERATE INDEPENDENTLY FROM THE LAW FIRM AND THE PARTNERS.  PARTICIPANTS ARE ENCOURAGED TO EXERCISE DUE DILIGENCE WHEN CHOOSING TO CONTRIBUTE TO A DEFENSE FUND.

The Law Firm of Puckett & Faraj, PC has been informed of a non-profit Defense Fund identified as the “Navy SEALs Fund.”   Maritime Tactical Security, Inc., a company of former SEALs, has set up a non-profit defense fund to minimize the financial burden for the three Navy SEALs charged in detainee abuse.  Any funds remaining at the conclusion of the case will be donated to SEALs who have been injured and/or permanently disabled as a result of action in Iraq and Afghanistan.

The “Navy SEALs Fund” was established by Maritime Tactical Security in conjunction with Chase Manhattan Bank.  Donations can be made at any Chase Manhattan Bank by providing the account name “Navy SEALs Fund” and the account number 834325318.  You may go on line and donate via PayPal at the Maritime Tactical Security website: http://www.maritimetacticalsecurity.com/MtsNews.aspx.

Press Release:  SO2 McCabe was arraigned in a military court room at Norfolk Naval Station Monday, December 7, 2009, Pearl Harbor Day.  His attorney, Neal A. Puckett, Esq., reserved pleas, forum selection and motions until a later date as SO2 McCabe chose not to enter a plea or chose whether to have judge alone or members (jury) nor did his defense team present any motions.

UCMJ Charges

The military has charged SO2 McCabe under the Uniform Code of Military Justice (UCMJ) with Article 128 Assault, Article 92 Dereliction of Duty and Article 107 False Official Statement.   Under the UCMJ, the government is required to provide evidence to the defense prior to an arraignment.  To date, there has been no evidence turned over to the defense that would tend to prove that SO2 McCabe committed any of the charged crimes.  The court-martial is currently scheduled to begin on January 19, 2010.

Three US Navy SEALs, SO2 Matthew McCabe, SO2 Jonathan Keefe and SO1 Julio Huertas have been charged with detainee abuse.  A separate Law Firm represents each one.  The Law Firm of Puckett & Faraj, PC represent SO2 McCabe.  Defense funds are being established to support all of the SEALs.  Here is the first one available for contributions.

DISCLAIMER: THE FOLLOWING INFORMATION IS PROVIDED WITHOUT ENDORSEMENT.  THE LAW FIRM OF PUCKETT & FARAJ, PC DOES NOT CONTROL OR HAVE ANY PROFESSIONAL OR FINANCIAL AFFILIATION WITH ANY LEGAL DEFENSE FUND.  LEGAL DEFENSE FUNDS OPERATE INDEPENDENTLY FROM THE LAW FIRM AND THE PARTNERS.  PARTICIPANTS ARE ENCOURAGED TO EXERCISE DUE DILIGENCE WHEN CHOOSING TO CONTRIBUTE TO A DEFENSE FUND.

U.S. NAVY SEAL/WARRIOR DEFENSE FUND: The U.S. Navy SEAL/Warrior Defense Fund is soliciting contributions to assist in defraying the legal costs and fees of the 3 Navy SEALs charged with assault of the mastermind of the 2004 torture, murder and mutilation of the US security guards in Fallujah.

Contributions can be sent to: “U.S. Navy SEAL/Warrior Legal Defense Fund”; Acct # 435020290711 c/o Bank of America P.O. Box F, Fort Eustis, VA 23604

Donations can be made at any Bank of America simply by depositing funds using the Fund name (U.S. Navy SEAL/Warrior Legal Defense Fund) and providing the Account Number (#435020290711).

Donations can also be made online via PayPal at the following site: http://sites.google.com/site/usnavyseallegaldefensefund/

PLEASE NOTE: the fund is NOT a 501(c)(3) tax exempt organization under the Internal Revenue Service and therefore contributions are NOT tax-deductible.

This Fund has been created, by a military family, to assist in the defense of Navy SEALs and other military operators charged with combat-related infractions of the Uniform Code of Military Justice.  For more information, please contact:  navysealdefense@gmail.com.

Press Release:  The three Navy SEALs charged with hitting a detainee, a detainee who allegedly is responsible for the deaths and mutilation of four Blackwater Contractors in Fallujah in 2004, begin their courts-martial process next week.  On December 7, 2009, the military will hold an initial hearing, an arraignment of SO2 Matthew McCabe.  SO2 McCabe is charged with hitting a detainee.  Each of the three SEALs is represented by a different law firm.  The names of the accused SEALs and the firms representing them are below:

SO2 McCabe is represented by the Law Firm of Puckett & Faraj, PC.   Mr. Puckett can be reached through his website (www.puckettfaraj.com/contact-us), Email at neal@puckettfaraj.com and via phone 888-970-0005.

SO2 Keefe is represented by the Law Firm of Greg D. McCormack, PC.  Mr. McCormack can be reached through his website (www.militarylawyers.org), Email at inquiry@mccormackpc.com or via phone 757-463-7224.

SO1 Huertas is represented by Monica L. Lombardi, LLC.  Ms. Lombardi can be reached through her website (www.militarytrial.com), Email at mlombardi@militarytrial.com or via phone 757-309-4764 (toll free 888-826-5529).

Major Hasan’s civilian defense attorney has indicated he may raise the insanity defense for the shootings of 13 military and civilian members of the Fort Hood community on 5 Nov 09. But he also indicates it is too early in the process to determine a defense strategy.

CID Investigation

The US Army Criminal Investigation Command (CID) has not completed its investigation of the Hasan case. It may take several months to complete a thorough investigation. The current charges, levied days after the event, are not the final charges in the case. Since there were also dozens others wounded, charges of attempted murder are likely.

Preliminary Charge Sheet

While preliminary in nature, the substantial evidence pointing to Hasan as the shooter was justified as a basis for murder charges. CID recommended an initial charge sheet of 13 counts of murder. The commander reviewed the CID recommendations and with the Staff Judge Advocate’s (command legal advisor) advice, determined the specific UCMJ offenses to charge. The preliminary evidence also allowed the commander to determine the probability of flight risk and safety requirements for Fort Hood, to then order Major Hasan be placed in pre-trial confinement pending trial as well as further investigation of additional charges.

Defense Strategy Development

Major Hasan has been appointed military criminal defense attorneys along with the family’s retained civilian defense attorney. All attorneys expect additional charges based on a full and complete CID investigation. No criminal defense attorney develops a defense strategy until all the evidence is collected and reviewed. Additionally, Major Hasan cannot fully participate in his defense until he has recovered from his wounds.

Administrative Hearing

The recent hearing on 21 Nov, in his hospital room was an Initial Review Officer (magistrate) hearing to determine the legality of continued pre-trial confinement. Further, the prosecutors’ ability to provide answers to military defense attorneys depends on the progress of the CID investigation revealing additional evidence in the case. But one major advantage the defense attorneys in a military court-martial have is practically immediate access to all evidence in the case as soon as possible after it is reported to prosecutors. In federal and state courts sometimes information not intended for use at trial is withheld from defense attorneys.