Puckett & Faraj

SO2 McCabe was found NOT GUILTY of the alleged abuse of Detainee Ahmed Hashim Abed, after he was detained by SEALs in Iraq. Abed was wanted for masterminding the brutal deaths of four U.S. Citizens who were serving in 2004 as Blackwater Contractors in Fallujah.

The Law Firm of Puckett & Faraj, PC wish to thank all the concerned Americans who have written in to express their support for the SEALs, written letters to the senior Military leaders, or donated to the defense funds of the Navy SEALs. We’d also like to thank the military defense counsels, LT Kevin Shea and LT Kristen Anastos, USN whose dedication to justice was unwaivering.

Every single thought, offering of expertise, letter written on the SEAL’s behalf, blog or social network that spread the word, and donation received for the three SEALs has been very much appreciated. The Law Firm of Puckett & Faraj, PC would especially like to thank those who made extra efforts to set up defense funds for the SEALs, organize rally’s, and take their time, effort and money to raise funds for the SEALs. We could not have succeeded without each and every person who volunteered their time.

Thank you one and all for everything you did. This is a great victory for the SEAL and Special Forces communities. May they all continue to do their jobs, unafraid of prosecution from our own government. Thank you for your service to our country!

Neal A. Puckett, Esq. and Haytham Faraj, Esq.

SO2 McCabe should be given a verdict today by a jury of his peers in Norfolk VA. His trial began on Monday with a full day of motions. The jury was seated on Tuesday and the court-martial began. Witnesses testified yesterday, including the Master at Arms who claims to have witnessed the abuse of the detainee by the SEALs. Closing arguments are scheduled today, followed by jury deliberations. A detailed description of the events in the courtroom by an eyewitness, Attorney Dwight Sullivan, can be found at his blog.

The first Navy SEAL is in military court in Iraq. SO1 Julio Huertas’ court-martial began on Tuesday April 20, 2010. His trial is expected to be immediately followed by the trial of SO2 Jonathan Keefe in Iraq. The remaining SEAL, SO2 Matthew McCabe is in country to provide testimony for his fellow SEALs without the protection of a grant of immunity.

SO2 McCabe’s Attorney, Neal A. Puckett, Esq., will be interviewed on FOX’s “Special Report, with Bret Baier” tonight during the 6PM – 7PM Hour Eastern. Tune in for the latest information on the cases.

SO2 McCabe is in Iraq preparing to testify at the trials of SO1 Huertas and SO2 Keefe, for their role in the alleged detainee abuse coverup. McCabe’s trial remains scheduled for 3 May 2010 in Norfolk, VA.

The senior ranking Sailor, SO1 Huertas,’ trial begins Monday the 19th of April, followed by SO2 Keefe’s trial beginning on the 22nd of April. McCabe is testifying for his fellow SEALs without a grant of immunity but with personal knowledge that he passed a polygraph on whether or not he hit the detainee.

McCabe’s attorney, Neal A. Puckett, will be on FOX’s America’s News HQ with host Shannon Bream, Sunday, April 18, 2010 between 1PM and 1:20PM Eastern. He will be updating the FOX audience on the status of the Navy SEAL cases.

The Law Firm of Puckett & Faraj, PC, continues to prepare for the trial while SO2 McCabe testifies for his fellow SEALs in Iraq. McCabe is accompanied in Iraq by his military attorneys, LT Kevin Shea, USN and LT Kristen Anastos, USN.

SO2 Matthew McCabe will appear at a “Support the Seals” rally and fundraiser in Scottsdale, Arizona on Sat from 11:00 until 2:00 at the Silverleaf Country Club. Many of his supporters have expressed support for this American Hero believing that even if the act was committed, a punch to the gut of a terrorist, it does not deserve a court-martial. They do not care if the allegations are true or not.

Well Matthew McCabe cares! The Law Firm of Puckett and Faraj cares! SO2 McCabe will be making an announcement at the SEAL Rally on Saturday in Scottsdale. He will reveal something he has known since September 1st of last year. Do not miss this surprise that will crack the SEAL cases wide open!

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.

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.

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.