**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.

Tonight, Thursday Feb 18, 2010, CNN Anderson Cooper’s 360 will highlight the case of CPT Roger Hill and Dog Company, 1-506^th Infantry.  We expect a fairly in depth look at the circumstances surrounding CPT Hill’s case, totaling around 30-35 minutes of total story line, interview, commentary, etc.  The focus is on the need for more effective Rules of Engagement (ROE) and detention policies to better match up to the asymmetric enemies we face today, especially in NATO led Afghanistan.

In the Fall of 2008, CPT Hill and his men faced Army criminal charges of detainee abuse.  Because they received no support or instructions from their higher headquarters, they attempted to get confessions from detainees of probable Taliban ambushes of US forces.  They would have to release the detainees unless they had evidence through confessions to turn them over to the Afghanistan forces.  Without confessions, the detainees were to be let free to continue their liaison with the Taliban from inside the US forward operating camp.

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.

Press Release:  The government requested Major General Cleveland order a deposition of the mass murderer accusing the three Navy SEALs of abuse.   This deposition would take place in Iraq in lieu of the insurgent’s presence in a courtroom at the Norfolk Naval Base, VA.  The deposition would be in the detention center and requires travel to Iraq; adding to the government expense of the courts-martial of the three Navy SEALs, as well as to the cost of private legal expenses for all three SEALs who have hired civilian attorneys to represent them.

Demonstration of Efforts to Produce the Accuser

The government appears not to have attempted to coordinate the insurgent’s travel to the United States to testify in the three courts-martial of these SEALs.  They are assuming it would be too difficult, requiring Department of State intervention and permission from the Iraq government to assure the detainee’s custody during travel to the United States for the courts-martial.  Instead, the government is requesting a deposition, and is doing so without first demonstrating all attempts to have the accuser in court have failed.

Deposition in Iraq

A military judge can admit into evidence a deposition of someone who cannot attend a court-martial only if all other remedies to get that individual to the courtroom failed.  If Major General Cleveland approves the request, the government will travel to Iraq to ask the insurgent questions.  While military attorneys can attend, the accused Navy SEALs have the option of attending, and the civilian defense attorneys would be invited as well.  But the government will not pay for their travel or accommodations for the law firms representing SEALs.

A Fair Trial

A deposition where both the government and the defense have an opportunity to question the detainee on the record may be admitted in a military court.  However, it denies the Navy SEALs the their full Constitutional right to confrontation of their accuser during military judicial proceedings in the courtroom.  A court-martial allows the members, known in the civilian courts as a jury, the opportunity to ask questions of the detainee.  But if a deposition is presented to the military jury, they will have no opportunity to ask questions.  If the government does not bring the insurgent into court, the defense will be hampered in their pursuit of justice for the Navy SEALs.

Some Discovery Still Withheld

SO2 McCabe’s defense team has recently received a portion of the discovery (“evidence”) against him.  Other parts of it remain classified and are being withheld until the Navy approves the clearance of the civilian attorneys.  In the meantime, full preparation for the defense of SO2 McCabe cannot occur until all evidence is available and the disposition of the insurgent’s presence at the court-martial is resolved.

Press Release – SO2 McCabe, the main accused in the Navy SEALs detainee abuse case, has formally notified the government of his intent to plead “Not Guilty” to all charges and is requesting a trial by a panel of military members, including enlisted members, commonly known as a jury.

Arraignment without Evidence

On December 7, 2009, SO2 McCabe’s civilian military attorney, Neal A. Puckett, reserved the entry of pleas and selection of forum until a later date, as is customary at military arraignments.  Unusual about this case was the fact that as of the date of the arraignment, the defense had not yet been provided with the evidence against Petty Officer McCabe.  Mr. Puckett was told that the evidence was undergoing a security review before being released to the three Navy SEALs charged in this case.

Notice of Plea

The formal notice of pleas and selection of a jury trial were submitted to meet a court-ordered deadline of Friday, December 11, 2009, even though prosecutors have not yet provided the evidence to the Law Firm of Puckett and Faraj.

Court-Martial Schedule

The courts-martial of the three Navy SEALs are set to begin sometime in January, 2010.  SO2 McCabe and his defense team are preparing for his court-martial, currently scheduled to begin on January 19, 2010.  Navy JAGs LT Kevin Shea and LT Kristen Anastos have been detailed as Petty Officer McCabe’s military defense counsel and are working diligently to prepare for trial.

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.