Major Hasan representation

Philip D. Cave

I blogged a bit of gossip the other day that there may now be up to 12 trial counsel working on Major Nidal Malik Hasan’s court-martial. I had blogged that Major Hasan had two military counsel, that appears wrong, and so too might be the rumor of 12 TC.

Maj. Nidal Malik Hasan, the Army psychiatrist accused of killing 12 soldiers and a civilian at Fort Hood last month, won’t get the two additional military lawyers his defense team has requested. John P. Galligan, the retired Army colonel who is representing Maj. Hasan, asked the Army earlier this month to add the veteran legal officers to the defense team. In addition to Mr. Galligan, Maj. Hasan has a military-appointed defense counsel, Maj. Christopher Martin. But Mr. Galligan said Friday night that the Army had denied his request, although he may be able to ask for different officers to join the defense.

The IMC rules allow for a request to appoint a named military attorney, and the commander can make a discretionary decision to allow, Major Martin the current military defense counsel to remain on the case. Thus the Army retains control over who can represent Major Hasan, while at the same time having unfettered discretion on who and how many trial counsel to assign the case.

Officials at Fort Hood couldn’t immediately be reached for comment. The Army has several lawyers working for the prosecution, including Col. Michael E. Mulligan, a high-ranking prosecutor with experience in death-penalty cases.

The Wall Street Journal reports.

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