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Published on: 2/18/2002
Last Visited: 1/26/2010
"We believe that this action raises a wealth of critical procedural issues in addition to the clear technical issues which have mandated BXA jurisdiction over the Viper for so many years," wrote Donald Weadon of Weadon & Associates, attorneys for Cairns, in a letter to BXA Assistant Secretary James Jochum.
...
The request was an improper attempt to set aside the ASEP decision to approve the export of the Viper, Weadon argued.
He claimed Cairns was never informed officially of the request and has been deprived of its due process rights.
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Weadon rebutted the JCS arguments.
"The claim of substantial military utility is an unsubstantiated claim," he told Jochum.
Moreover, mere military utility isn't a reason for classifying a product on the ML, he argued, noting that any suggestion that BXA licensing controls aren't sufficient "needs to be debunked.
Weadon also contended that the JCS position doesn't represent the Pentagon view, since a Defense official supported the ASEP decision.
As far as diversion of the products is concern, the JCS has offered "no evidence or proffer of any evidence that this has or will happen under the unique technical facts of the Viper," he wrote.