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The transcripts are in -
From the depositions held on April 6 & 7, 2004.
What kept them so long? A little intrigue!
The Court reporter recorded the hearing on a lap-top computer. She then had her lap-top stolen by a burgler. (What a coincidence). Fortunately, she had the depositions recorded on back-up tapes. We are currently converting the paper documents into Adobe PDF files for your future viewing pleasure.
More intrigue -
Since
the judge
said that we have fulfilled our burden of proof that my separation from
the Navy was involuntary, now the Navy has a chance to prove "... that
it would have taken the same action
after following proper procedures." Carmichael
v. United States, 298 F3d. 1367 (Aug 2002). That means, there
needs to be a trial. If there is going to be a trial, there needs
to be discovery.
Now let's see what the Navy is doing. They proposed to bring in my commanding officer to ask him what he would have done had the Navy actually obeyed the law. They are proposing that whatever the commanding officer says will make up for the fact that he did not obey the law. They also brougt in the admiral that turned down my request for a Navy service number in lieu of a SSN as a Military Personnel Identification Number. They asked him what he might have done had he actually obeyed the law. Then of course, the U.S. Attorney thinks that his stating what he might have done will make up for the fact that he did not obey the law.
During the depositions, we discovered that the C.O. never saw my request for religious accommodation. He heard about it, though he does not know when. Nothing prompted him to do anything relating to the Secretary of the Navy's requirements regarding the processing of religious accommodation requests. The admiral stated that the Navy's religious accommodation procedure instructions were never considered. Neither was there any consideration that the Navy had a pseudo-ssn provision available. Both of them said that they would have processed my request in accordance with the SECNAVINST 1730.8 if they had been properly presented with it. They also said they would seek counsel prior to making a decision. Since they have never done those things, the Navy cannot prove the outcome would be the same if they had followed proper procedures.
Here's the intrigue-
The Navy (or U.S. Attorney Lauren S. Moore) now proposes that the Court quash all discovery. They say that the decision should be based soley upon the record. If that is so, why did they make us waste thousands of dollars to have these depositions? This whole burden of proof lies on their shoulders and the Court of Appeals said that it was not proven on the record. That means their case is already lost if they stick to the record.
The reason why they want to quash all discovery is the the more facts come to light, the stronger our case becomes. The United States has to rely on falsehoods and we are resting on the truth. Thus, truth is what the U.S. desparately wants to avoid in this case.
All of this might sound as if I am anti-Navy or anti-government. That is not the case. I am anti-lier. It is totally inappropriate for members of our government to violate laws, to obstruct justice and to lie.
Let's get to the truth, solve this problem, and move on.
Our next step
We may propose sanctions against the United States Attorney for these oscillations of procedure that go contrary to the rules of court.
From
here, we
press on. We have to press on. It all looks very good for
us
in one sense that the truth weighs in our favor. It looks bad
however
when we look at the behavior of our very powerful adversary. We
have
invested many tens of thousands of dollars and thousands of hours.
Good News
Someone sent a gift of money that paid for the deposition transcripts at around ($2,000.00). There was other money sent that paid to fix the transmission on our truck and for my son's dental work.
Keep Herb Titus and us in your prayers. Herb has been working dozens of hours a month on this, he has not been paid for his hours in a couple of years and has so far had to pay his travel expenses for the deposition out of his own pocket.
Pray for us
That we will not be weary in well-doing. This whole project is very laborious. It is costly and it is critical for our liberty. Yet still, we have the driving issue before us.
In the King's service,
David
Alan
Carmichael