**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!

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.

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.

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.

Major Hasan has been ordered to pre-trial confinement by his commanding officer. While recovering from his wounds, that pre-trial confinement is in the hospital under guard. Pre-Trial confinement is ordered by the commander for persons with reasonable belief that they committed an offense triable by court-martial has been committed, that the individual to be confined committed the offense and confinement is required by the circumstances.

Reasons for Pre-Trial Confinement

Pretrial confinement is authorized where the command has reason to believe the member might go absent without leave (AWOL) to avoid prosecution or the member may engage in continued serious criminal misconduct and less severe forms of restraint are inadequate. Less severe forms of restraint include restriction to base or limitations on duty and liberty, which are given to the member as a direct order. In some cases, his or her safety from others may be a consideration.

Major Hasan’s Pre-Trial Confinement

Pre-trial confinement to prevent further serious misconduct could include intimidating witnesses or obstruction of justice, serious injury to others or other offenses which pose a serious threat to the safety of the community, or to the effectiveness, morale, discipline, or readiness of the command or the national security of the United States. In the case of Major Hasan, even though he is paralyzed from the chest down, he could incite others to intimidate witnesses or find a means to continue his alleged past demonstrated and possible future intent of causing harm to others.

Rights under Pre-Trial Confinement

His pre-trial confinement does not limit his Constitutionally protected legal rights, including his ability to communicate with his attorneys and receive mail and visitations by family as per military confinement procedures. His rights and privileges are only limited as to his freedom of movement and association and reasonable restrictions on what he can receive through the mail. Upon his sufficient recovery to be released from the hospital he will be transferred to a military confinement facility (or brig) until his Article 32 hearing.

The military has personnel policies in place to deal with family emergencies from granting emergency leave, to identifying family and friends to care for dependents in your stead, to granting humanitarian permanent duty station moves. The military member’s unit commander makes these administrative decisions. Sometimes when the commander executes one of the administrative options available, it runs afoul because of lack of good communications between the command and the military member.

Family Emergency Leave

PFC Christopher Pfeiffer came home on a mid-tour rest and recuperation leave from Afghanistan for the care of his medically ill pregnant wife who was to deliver their first child. The mid-tour leave from a combat deployment is usually only 2 weeks long. PFC Pfeiffer requested additional leave for his wife’s medical emergency and at the time, his yet unborn child.

AWOL and Desertion

In the course of the long distance communication with the command, it appears the facts were blurred and misunderstandings resulted. PFC Pfeiffer returned to Kuwait and awaited military transport to rejoin his unit. His intent was exactly that, to rejoin his unit. Yet his command classified him as a deserter, and his pay was docked beginning 30 days after his official return date. He was arrested while awaiting military airlift at the theater aerial port of embarkation. He had no intention of desertion as the Army now asserts.

Rest and Recuperation Leave

Military members accrue 2.5 days of leave for every 30 days of duty with pay and allowances. Members are encouraged to take approximately 30 days of leave a year, and can carry over a maximum of 60 days of accrued leave between fiscal years. Any excess above that is time lost. Rest and Recuperation leave is designed for use when Soldiers are in a combat zone and administered by the unit commander. Only one 2-week period is authorized per 12-month deployment.

Administrative vs. Military Legal Case

Tracking individual military members in and out of the battlefield is difficult as is managing all the requests for emergency leave. Yet there are administrative means to deal with these family medical emergencies and in this case, the Army let an administrative process unnecessarily turn into a military legal issue.

Major Hasan, the alleged suspect in the shooting of 13 Soldiers at Fort Hood last week, has sparked numerous discussions on the possible motives he had for his horrendous act. One of National Public Radio’s programs, “Tell Me More,” explored one aspect of the debate on Monday, November 9, 2009 with one of the Law Firm of Puckett and Faraj, PC’s attorneys, Haytham Faraj.

Haytham Faraj, Esq.

Haytham Faraj spent over 22 years in the Marine Corps, and is a native of Lebanon. He is fluent in Arabic and served in the Marines as both an enlisted infantryman and as an officer in charge. He attended the Citadel and American University Law School, receiving his JD in 2005. His last duty in the Marines was the Senior Defense Counsel at Camp Pendleton, CA.

National Public Radio

Listen to Haytham Faraj at this link: National Public Radio, Tell Me More, “For Muslims, Military Service Sometimes Met with Hostility.” November 9, 2009.

The Hasan family has hired a civilian attorney to defend Major Hasan. The attorney spoke with the Major this week and has requested no law enforcement interviews with his client. The military justice system allows for a suspect to remain silent when Criminal Investigation Division (CID) requests an interview.

Statements to CID

When a suspect refuses to interview with military criminal investigative services, the military criminal defense attorney can focus on challenging the evidence rather than refuting statements made without an attorney present. While statements can either be coerced, partially factual, truthful or various perceptions of reality, finding the ground truth is the task of both the prosecution and the defense.

Statements Under Duress

Any statements made by a suspect must also be without coercion and voluntary. The state of the individual, under the influence of alcohol, drugs, medications or mental afflictions, can taint the statements and make them involuntary and inadmissible in a military court. Major Hasan, when charged, must be treated for his wounds and recover sufficiently to participate in his defense.

Speedy Trial

The 120-day clock for a speedy trial begins after a military member is served a charge sheet or placed in confinement. The speedy trial count down of 120-days can be delayed by either the prosecution or defense. Either the prosecution or defense presents a motion to a military judge who can deny, approve, or revise the request. The reasons for delay include but are not limited to, recovery from medical issues, mental health evaluations, and the interview of witnesses or collection of evidence.

Rights Under the UCMJ

Major Hasan’s lawyer must protect the rights of his client as provided by the 5th Amendment to the Constitution. When a military member hires a civilian attorney or is provided an appointed military defense counsel, he or she has the same protections under the Uniform Code of Military Justice, as anyone facing criminal prosecution in the U.S.