Puckett & Faraj

The Virginia Pilot reported there are 5 Sailors who could offer testimony that contradicts the government’s main witness in the accusations of detainee abuse by the Navy SEALS. The government, specifically the convening authority Major General Cleveland, denied their requests for immunity on Friday, Feb 19, 2010. Their attorneys will not let them testify on behalf of the SEALs without a grant of immunity.

Of the five potential witnesses, two of them are officers who led the SEAL detachment that captured Ahmed Hashim Abed in Fallujah, September 2009. The attorney for SO1 Huertas appeared in court on March 12th to request the military judge stop the proceedings due to the lack of immunity granted to these witnesses.

This motion to abate the proceedings argues that a fair trial of the Navy SEALs cannot proceed unless these 5 Sailors are provided immunity and testify. The military judge order Major General Cleveland to grant immunity to the witness by March 26, 2010 or he would stop the court-martial.

News Release: Haytham Faraj, Esq, Partner in the Law Firm of Puckett & Faraj, PC graduated July 31, 2009 from Gerry Spence’s nationally acclaimed Trial Lawyer College in Wyoming. This intense defense trial lawyer training focuses on proven techniques and processes aimed at winning each and every trial.

Trial Lawyers College

The Trial Lawyers College is a concentrated, 23 consecutive days program taught by the renown US defense trial lawyers. They are dedicated to training a new generation of younger trial lawyers to be effective and winning advocates for justice. The goal is to inspire the attendees to become a winning trial lawyer who will ethically and nobly champion the cause of the individual against big government or corporate industry. To achieve that goal, Mr. Spence and the staff at the Trial Lawyers College, have developed an advocacy program that demands lawyers learn how to connect with their clients to better represent their point of view and present them in a way a jury or judge will rule in their favor.

The Law Firm of Puckett & Faraj, PC.

The Law Firm of Puckett & Faraj, PC has over 50 years of combined professional and legal experience, including providing military defense attorney services to defend members of the military and exceptional litigation skills for those accused of federal crimes.  Mr. Faraj continues the Law Firm’s record of unparalleled success, with a recent full acquittal of rape at a Marine Corps officer court-martial.

Military members who get into trouble and are disciplined risk their military pensions, their benefits from the Veterans Administration (VA) or their quality of life in the civilian community. Military criminal defense attorneys analyze the case facts, argue for the most appropriate and just outcome for the member; be that acquittal or a conviction on lesser charges and/or reduced punishment.

Consequences of a Military Conviction

Those in trouble who are retirement eligible or those nearly eligible for retirement (within 2 years) risk losing their retirement at their current grade and most certainly some of their VA benefits. Each case is different, and the law, Presidential orders and federal regulations specify requirements for eligibility for separation, retirement and VA benefits. Quality of life in the civilian community focuses on having to register as a sex offender per federal and state law if you violate Article 120 of the UCMJ.

Military Officer Retirement

Honorable military service for 20 or more years entitles a military member to a pension and full VA benefits. Retirement can be in a grade lower, as per 10 USC 1370, “a military officer be retired in the highest grade in which he or she served on active duty satisfactorily… “ This may be determined by a recommendation by a Board of Inquiry or Show Cause Hearing after an officer has received non-judicial or judicial punishment.

Discharge Characterization

Characterization of a discharge as anything other than “honorable” results in ineligibility for some of the VA benefits. Petitions for exemptions can be made to the VA, outlining the specific facts of a military member and the VA has the authority to award benefits by exemption.

Acquittal and Military Service

It doesn’t seem fair that after being accused of crime and fully acquitted, you could still face being administratively separated from the military or retirement in a reduced rank. The military has full authority to separate anyone in his or her first term for cause. US Code states retirement is awarded based on satisfactory duty. The military defines satisfactory duty based on law and regulations derived from them.

Know Your Rights

Talk with your lawyer about the effects of each of the defense options in terms of lasting effect on your military career, your family and life after the military. Understand your rights and the consequences of the choices you make in your defense.

“Don’t Ask, Don’t Tell” Policy on Gays in the Military 

The May 19, 2009, Wall Street Journal article on “Obama Avoids Test on Gays in the Military,” shows once again how unfair the application of this policy can be.  The Air Force involuntarily separated Major Margaret Witt from the service, claiming she violated 10 USC § 654 and the DoD, “Don’t ask, Don’t Tell,” policy.   She filed a lawsuit in a federal district court, claiming the Air Force should not apply the ban on Homosexuals in the Military based solely on her private, personal relationship with a civilian woman.  She argued that without a clear and detrimental impact of her personal life choices on the good order and discipline of her reserve unit, or any adverse impact while on active duty in the Air Force, there should be no violation of the DoD policy.

 The Ninth Circuit Court

The Ninth Circuit Court of Appeals in San Francisco ruled that the government must show why military discipline would be imperiled by the specific presence of Major Witt.  The Obama Administration could have appealed this ruling by filing with the Supreme Court by a May 3^rd deadline.  The Administration failed to file, and as a result the trial in federal district court will continue in light of the Ninth Circuit ruling.  The government must now prove specifically how Major Witt’s mere presence in her unit is detrimental to good order and discipline. 

 Military Criminal Defense

 The Law Firm of Puckett & Faraj, PC is zealous in defending the rights of military members against wrongful application of this broad policy to a specific individual situation.  Good order and discipline is vital to the execution of a military operation.  However, targeting an individual’s personal, off-duty life without proof of detriment to the Service or another military member is not consistent with the Uniform Code of Military Justice.

The Law Firm of Puckett & Faraj, PC, defend the rights of all military members and work to support the fair treatment of our brave men and women.  If you or a member of your family is being investigated by the military, please call our toll free number for a free consultation, 877-970-0005; or contact us via Email.  Your questions will be answered and all communication is protected by the attorney-client privilege.

Captain Roger Hill explained to Bill O’Reilly on Monday night, March 16th, about how the Army sought to prosecute him as a war criminal for firing his weapon to convince detainees inside a bldg to divulge vital information about their role as a Taliban spies.  The Army sealed his Art 32 investigation report, refusing to deliver it to Neal Puckett, his civilian defense counsel at that hearing in Afghanistan.  The Law Firm of Puckett and Faraj, PC, is seeking to force the Army to release the records of that proceeding.

Comments on this website after the show were enthusiastic in support of CPT Hill and angry in criticizing the Army for ordering CPT Hill be separated from the service with a general discharge instead of an honorable discharge.  Many donated to assist CPT Hill.  Please sign the online petition on CPT Hill’s page on this site.  Click on his picture on the home page.  Sign his petition then read about CPT Hill and donate to his cause in seeking to upgrade the discharges of his soldiers and repair their records.   You can also read more about him and his First Sergeant, Tommy Scott, an American hero whose reputation has also been tarnished by the Army.

Captain Roger Hill explained to Bill O’Reilly on Monday night, March 16th, about how the Army sought to prosecute him as a war criminal for firing his weapon to convince detainees inside a bldg to divulge vital information about their role as a Taliban spies.  The Army sealed his Art 32 investigation report, refusing to deliver it to Neal Puckett, his civilian defense counsel at that hearing in Afghanistan.  The Law Firm of Puckett and Faraj, PC, is seeking to force the Army to release the records of that proceeding.

Comments on this website after the show were enthusiastic in support of CPT Hill and angry in criticizing the Army for ordering CPT Hill be separated from the service with a general discharge instead of an honorable discharge.  Many donated to assist CPT Hill.  Please sign the online petition on CPT Hill’s page on this site.  Click on his picture on the home page.  Sign his petition then read about CPT Hill and donate to his cause in seeking to upgrade the discharges of his soldiers and repair their records.   You can also read more about him and his First Sergeant, Tommy Scott, an American hero whose reputation has also been tarnished by the Army.

The recent case of our client, Captain Roger Hill, came up in an Op Ed piece in the Washington Times this morning.  Three great Americans co-authored the piece, which takes aim at the current state of Army leadership on the battlefield.  The story of CPT Hill’s dilemma is a poignant one.  Army commanders, swayed by misguided Army JAG lawyers’ terrible advice, lost a great officer and leader when they chose to jettison CPT Hill from their ranks.  Rather than give him the support he needed when his company was facing an insider threat, the Army chose to discipline CPT Hill and his men for seeking information from Taliban spies who were employed on his base to support his company.  He was charged with a war crime.  Violating the Geneva Convention by inflicting psychological pain on detainees (read: fear).  But when CPT Hill called up the chain of command for assistance, he was ignored; left to make his own difficult decisions about preventing the release of the Taliban spies who would otherwise return to the battlefield and kill his soldiers.  Inexplicably, the Army refused to release the report of the Article 32 investigation hearing, in which CPT Hill was represented by Neal Puckett, our senior partner.  CPT Hill now awaits a decison by the Secretary of the Army as to his characterization of separation from the service.  Our hope is that he will receive an honorable discharge.

The recent case of our client, Captain Roger Hill, came up in an Op Ed piece in the Washington Times this morning.  Three great Americans co-authored the piece, which takes aim at the current state of Army leadership on the battlefield.  The story of CPT Hill’s dilemma is a poignant one.  Army commanders, swayed by misguided Army JAG lawyers’ terrible advice, lost a great officer and leader when they chose to jettison CPT Hill from their ranks.  Rather than give him the support he needed when his company was facing an insider threat, the Army chose to discipline CPT Hill and his men for seeking information from Taliban spies who were employed on his base to support his company.  He was charged with a war crime.  Violating the Geneva Convention by inflicting psychological pain on detainees (read: fear).  But when CPT Hill called up the chain of command for assistance, he was ignored; left to make his own difficult decisions about preventing the release of the Taliban spies who would otherwise return to the battlefield and kill his soldiers.  Inexplicably, the Army refused to release the report of the Article 32 investigation hearing, in which CPT Hill was represented by Neal Puckett, our senior partner.  CPT Hill now awaits a decison by the Secretary of the Army as to his characterization of separation from the service.  Our hope is that he will receive an honorable discharge.