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…
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…
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…
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…
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…
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…
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…
If Major Hasan raises an insanity defense for his acts at Fort Hood, how might the defense actually work if at all. Presumably he will present a combination of witnesses and documents. The media is reporting that prior to reporting to Fort Hood Major Hasan had “problems” so there will…
In Part I, I briefly outlined the formal examination process prior to presenting an insanity/lack of mental responsibility defense. Now here is some information on the “law” or legal standard for an insanity defense. This is the defense that Major Hasan and his lawyers are going to have to consider…
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…