The Wall Street Journal reports: The only good news out of the Fort Hood massacre is that U.S. electronic surveillance technology was able to pick up Major Hasan’s phone calls to an al Qaeda-loving imam in Yemen. The bad news is the people and agencies listening to Hasan didn’t know what to do about it.…
Continue reading ›The military (insanity) lack of mental responsibility defense is set out in several places relevant to Major Hasan and the events at Fort Hood. The first step that should be taken by a prudent convening authority in this case is to order a mental examination under R.C.M. 706, as soon as Major Hasan is medically…
Continue reading ›CNN Justice reports: Toobin: Cabinet members may end up negotiating which legal system will try Army Maj. Nidal Malik Hasan, the suspect in last week’s mass shooting at Fort Hood in Texas, CNN senior legal analyst Jeffrey Toobin said Tuesday. CNN: Would the charges be the same in either case? Toobin: The wording would be…
Continue reading ›Who has the hardest job in the prosecution and defense of Major Hasan, by that I’m talking about the lawyers and the judge. As many have already observed, the merits portion of Major Hasan’s trial at Fort Hood is likely a done deal, except for the potential mental health issues. I would even argue that…
Continue reading ›The LifeSiteNews.com is reporting: While Hasan recovers at the Brooke Army Medical Center in San Antonio, the Army is readying itself to charge Hasan in military court, where he could face the death-penalty. But prosecutors will have to charge Hasan under the Uniform Code of Military Justice (UCMJ), which was amended in 2004 to include…
Continue reading ›Gawker, an unusual blog has information about Major Hasan’s application for a concealed carry permit in VA. Fort Hood, like all military installations, will have a regulation concerning the possession and carrying of weapons on post. Usually the weapon has to be stored in the Armory. Here is the complete application. The blog also notes:…
Continue reading ›Will Major Hasan successfully use PTSD as a defense, or will it at least become a mitigating factor to be considered. If the trial is at Fort Hood, as seems likely at the moment, many of the Members (jury) panel will already have quite a bit of extra-judicial information. Here are some links relating to…
Continue reading ›I’m not posting much at the moment on the Fort Hood tragedy. People can follow the news as easily as I can. However, this article by Will Heaven in the (U.K.) Daily Telegraph did raise an eyebrow. Fort Hood shooting: the death penalty would make Nidal Malik Hasan an Islamic martyr The implication of the…
Continue reading ›Anyone who knows anything about death penalty cases knows that allegations of ineffective assistance of counsel (IAC) will figure significantly in an appeal. It’s given that no matter how hard they work they’ll be accused of incompetence. Today, the Supreme Court summarily reversed a Sixth Circuit case in which the circuit court found IAC. Here…
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