Online Newshour reports: And it doesn’t have to be all 12 members voting him guilty. Two-thirds to convict is enough. And it does have to be unanimous to give him the death penalty. In a death penalty case the members have to be unanimous on a finding of guilty. The…
Articles Posted in court-martial
Courtrooms
How the Military Will Try Nidal Hasan This reminds me of A Few Good Men. Remember, in the Navy court-room the Army JAG symbol is on the podium. Well here they have a picture of courtroom A at Marine Camp Foster, Okinawa, Japan. We know the picture’s about a year…
The Intelligence side of Major Hasan’s case
There is a great deal of pontificating on both sides of the aisle about Major Hasan, Fort Hood, and intelligence failures. Here is a rational discussion and perspective. In last week’s global security and intelligence report, we discussed the recent call by the leader of al Qaeda in the Arabian…
ACCA decision in Kloch
ACCA has decided United States v. Kloch. The accused wanted to tell the military judge in his unsworn that several of his co-accused’s had received 15 days confinement at summary court-martial, etc. The MJ would not allow the statement. ACCA found error, but that it was non-prejudicial.
At least 13 charges against Major Hasan
An official news release from Fort Hood PAO states that: The charges filed against Hasan include 13 specifications of premeditated murder, in violation of Article 118, Uniform Code of Military Justice, (emphasis added). hat-tip to CAAFLog. The media has been speculating all afternoon based on a CID news conference. I…
Major Hasan’s mental responsibility (insanity)
Here’s the question, I think. Military.com, as with many other media outlets are reporting: Nidal Malik Hasan’s overly zealous religious views and strange behavior worried the doctors overseeing his medical training, but they saw no evidence that he was violent or a threat. The question, a legitimate question, has been…
New CGCCA opinion
The CGCCA has issued a decision in the court-martial: United States v. Montuoro. A short sweet reminder of sentence comparison issues when there are co-accused’s. Sentence comparison among co-accused’s is a different issue than sentence appropriateness.
How could you?
Yes, of course John Galligan is getting that question. We get it all the time. How could you represent so-and-so at court-martial? Here is MichaelTomasky’sBlog. Banner CNN day: Wolf Blitzer apparently really distinguished himself yesterday by asking Nidal Hasan’s military lawyer, retired Colonel John Galligan, how on earth he could…
Technology and the fourth amendment
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…
AF annual drug warning
I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial. When Airmen ignore inspecting…