Judge Rejects Fort Hood Shooting Suspect’s Defense Strategy

[struggle4progress]

By MANNY FERNANDEZ
Published: June 14, 2013

KILLEEN, Tex. — Days after the Army major charged in the Fort Hood shooting rampage here in 2009 argued that he had carried out the attack to protect Taliban leaders from American soldiers, a military judge effectively tossed out his defense, ruling on Friday that the claim had no legal merit.

Last week, Maj. Nidal Malik Hasan told the judge he was protecting Taliban leaders in Afghanistan from danger when he opened fire at the base on Nov. 5, 2009, killing 13 people. In describing his new defense — known in legal terms as a “defense of others” — he said he was defending the lives of Taliban leaders, including Mullah Muhammad Omar, the group’s founder, from Fort Hood soldiers deploying to Afghanistan.

On Friday, the judge, Col. Tara A. Osborn, told Major Hasan that his defense in this case failed as a matter of law, and that no one at Fort Hood posed an immediate threat to anyone in Afghanistan that day. In addition, she told him that the legitimacy of the United States’ involvement in the war in Afghanistan was not at issue in the case, and that as a soldier, he had no justification to kill other soldiers. He was forbidden to present evidence and testimony relating to his “defense of others” argument when his trial begins ...

http://www.nytimes.com/2013/06/15/us/judge-rejects-fort-hood-shooting-suspects-defense-strategy.html?_r=0

[geek tragedy]

1. The only issue at his trial should be the sentence.

Traitorous filth.

[freshwest]

3. I want them to fine him that salary he's been getting since the arrest, if found guilty.

Still think he's missing a few screws.

[premium]

9. Missing a few screws?

Hell, this guy is a few sandwiches short of a picnic.

[freshwest]

11. But they are letting him go forward, anyway. It'd be funny if people weren't dead.

There is a weird logic to his defense, but he's like defendants who want to re-write the laws on murder or whatever, after they're caught.

I thought he'd be found incompetent long ago but I guess I'm always hoping that. Some of the things I've seen, well, one hopes that's it. I don't ascribe to the evil view of humanity even though some acts qualify. And I think some people cross a line and can never be trusted running free again.

Most likely the hope that they are not in their right mind is a failing on my part, but I think 'innocent until proven guilty' is essential to civlization.

Do you know if they've asked for the death penalty on him?

I thought they'd ruled it out. I don't think the military courts will sentence anyone to death, it's a thing of the past.

[premium]

12. I don't know if they've asked for the DP yet.

I'd rather that he spends the rest of his life in prison, DP is the easy way out IMO.
I agree with you on your whole post.
You have a great weekend.

[freshwest]

14. Thanks, enjoy yours, too. Hoping for sunshine and some warmth this weekend.

[premium]

17. 101 degrees here and windy for the weekend predicted. nt.

[freshwest]

18. Well, I'd have to pass on that. Been there, done that.

We're hoping to make 80 or at least feel like it in the sun.

In the shade, or with any breeze at all, the air is still brisk.

As usual, I can't complain!

[geek tragedy]

19. Families of the victims should recover. nt

[freshwest]

20. The financial recovery is the least that can be done. Likely his victims were in the prime of life.

And some service people join up to help their families out. I don't know if their dying in this situation will qualify for some kind of support for their spouses or kids.

[oneshooter]

21. The government as declared that it was "workplace violence" and not terrorism.

I don't know what difference it would make. However I don't believe that it would help them any.

[freshwest]

24. It seems that would indicate they were on duty, so their families would recieve benefits. Of course,

that's just some of the finanncial loss they will endure, when really, it's got to be a nightmare for all the families who lost their loved ones.

[premium]

5. +1000.

This man is a traitor and should be tried as one.

[freshwest]

13. His 'defense of others' logic is the same the murderer of George Tiller.

And other murderers of that type.

Don't know where the term traitor comes in except in context of his clearly supporting the Taliban over American soldiers.

It seems he joined up to do an act of war. More than just turning on his fellow.

All of these terms don't mean what people want them to mean, or so it's been explained to me in the past here on DU. Like the RW pundits calling anyone that protested the Iraq War traitors. It just lost its meaning, like so many other words did during those years.

I confess to being greatly confused by all of the military cases. When I talk to people that have served, they are so firm and aggressive on these matters, For a long time I ascribed that to a touch of RW sentiment, but I'm slowly learning there is a lot of thought and training that they live by.

As usual, my disclaimer, not a vet.

[premium]

15. Upon reflection,

I have to agree with you, the term traitor has been thrown around willy nilly lately, both by the BushCo admin and the Obama admin, that it has lost all meaning.

I thought that while I was fighting to survive in Vietnam, all the protesters were traitors and when I got home, if I got home, I would seek out and destroy those that were, IMO, against American ideals, long story short, after about 6 months in country, I realized that they were right and were trying to save American lives, including mine.

I think there is no doubt about whether or not Hassan committed this heinous crime, the doubt is whether he was mentally disturbed or not.
We'll find out soon enough.

[freshwest]

26. Thanks very much for that reply.

[freshwest]

2. OFFS. If he was so worried about them, he should have gone to Afghanistan and joined up.

This kind of defense draws away from treating such as individual criminal acts . It just gives more ammunition to the RWNJs who see all Muslims as terrorists and want to take away the rights of defendants.

He's free to make whatever defense he wants, but his attorney needs to not move the trial in that area. Shooting unarmed people is not going to be seen as effective politically.

He would have been better served if the attorney went for an insanity defense. What he did was close to committing suicide, since guns may not have been far away.

Or are guns prohibited where this took place?

I haven't visited there in over a decade, went to get directions at the PX while attending a sporting event. Guessing about guns nearby.

JMHO. Thanks for new details on this.

[dgibby]

4. He's acting as his own attorney.

Looks like he has a fool for a client.

[freshwest]

10. The old adage proven true. I wonder if he's being paid for that, too?

This would be hilarious if people weren't dead.

Being that they are, it's pretty sick stuff.

Still think he has a screw loose.

Or else he's just terminally ignorant.

[Bluenorthwest]

6. He is representing himself, so 'his attorney' is not so good, and also guilty.

No one is making those arguments but him.

[Bluenorthwest]

8. I just want to respectfully say that calling the act of murdering 13 people

'close to committing suicide' is a tad bothersome to me. Thanks for listening.

[oneshooter]

23. Firearms are heavely regulated and controlled on any military post.

Any personal firearms brought on base must be registered with the Base Command. If you are in on base housing then a safe or other lockable metal container is required to keep the firearm in. If you are in barracks then the firearm is kept in the unit armory, and must be checked in and out.
The Major brought his personally owned pistol on base in his briefcase. He has enough rank that he was not searched. It was a preplanned attack on unarmed personnel. The only ones armed were the MP's and civilian guards. They are the ones that finally stopped him. Two were seriously wounded.

My son is currently serving and is posted at Fort Hood.

[freshwest]

25. Thanks for the information. And I'm glad your son was not among the slain. Ft. Hood has changed a

lot over the years, from being a somewhat sleepy little area to a modern, busy place.

We used to feel the vibration of the ordnance they fired in that area which was called a wildlife sanctuary. A lot was consolidated there in the Bush years. I used to get stuck behind those slow moving convoys, too. I haven't been there in many years. I guess it's even more busy than it was in the Bush era.

Hassan's actions were despicable, to take advantage like that. Guess he thought he was very clever. I wonder if he'd planned to do something like this from the time he entered the service. Best wishes to your son.

[rug]

7. That is essentially the argument al Qaeda made for 9/11.

It's essentially the argument of the Boston bombers.

And it's ultimately why the ideology of terror holds no water.

[freshwest]

22. Can you explain the 'ideology of terror'? Are you saying it's like 'pro-emptive war'?

I stumbled onto this craziness looking for a pic yesterday. I don't hardly know what to think of RW religion, it's getting this weird:



Jesus Christ: In The Name of The Gun

2008-07-01

...Jesus is up in heaven waiting for God to return from his centuries long wanderlust. When the Big Fella does show up, he is distant and uninterested in all the suffering going on down on earth. So Jesus decides to get proactive. He gets reborn in early 20th century Germany, grows up, gets his hands on a sniper rifle and prepares to assassinate Hitler. What we get from that point is a weird mismatch of “throw everything against the wall and see what sticks”. Ernest Hemingway, time travelling assassin. Werewolf Hitler. Jesus with explosive diarrhea. A whole bunch of swearing, violence and crude humour.

Have you ever wanted to see a buddy cop movie starring Jesus as a foul-mouthed, anger fueled, gun totting force of nature running around in sandles and a robe killing nazis? Then maybe you’d be interested in JC:ITNOTG. Want to see a comic where Jesus is created with respect and love because he is the sovereign lord over all creation? Then keep on moving because this book is not for you.

If this book had featured the prophet Mohamed instead of Jesus Christ, there would be riots. That’s how disrespectful this book is. I could go on about the non-caring, Marlon Brando suspended head God. Or that Jesus and God are very much not one and the same. Or that Jesus’ power is limited and constrained. There is so much I could pick apart here, but I’m not sure how helpful that would be.

At it’s heart, this book seeks to answer why Jesus allows events like the holocaust to exist. So the author has him rock up to Germany and go all Rambo on everyone. What we see in the Bible is vastly different. God, aware of all the sin and suffering in the world and wanting to do something about it, sends his son Jesus to earth. And then we kill him. But his death and resurrection do something that was otherwise impossible. It makes it possible to be in a relationship with God. It saves us from our sin. And one day, Jesus will return in glory. The forces of evil will line up to face the King in battle. But instead of a Schwarzenegger orgy of violence, it’s an anti-climax. In Revelation 19:19 the battle is about to begin. In 19:20 the battle is over. The forces of evil don’t even stand a chance when faced with the power of Christ. That’s the power and strength of the real Jesus. And that’s why JC:ITNOTG can’t even begin to show us the real Jesus...

http://joelamoroney.com/2009/08/10/jesus-christ-in-the-name-of-the-gun/

They have gone 'where no man has gone before.' Obviously, I am 'out of touch' with this part of society. I think this is where a guy like this gets his thinking patterns, that it's time to kill someone for the 'greater good.'

I even think this is what a lot of RWNJs in the Tea Party and GOP think, as I used to argue with them about it. But I didn't know the light of day hadn't cleansed this stuff out. Truth is, I don't wanna be 'in touch with people like this. But they are running loose, and someone is going to have to deal with them.

[rug]

27. It's attacking a city, a country or any entity with the intent to terrorize the populace,

regardless of its direct, immediate or strategic involvement in a military action.

The rationale is that the entire populace is involved, no matter how remotely, in the action and that the entire populace is responsible and culpable.

In today's wars, there are no morals. We believe the worst thieves in the world today and the worst terrorists are the Americans. We do not have to differentiate between military or civilian. As far as we are concerned, they are all targets. "The Most Wanted Man in the World" Time magazine profile (16 September 2001).

That doesn't work, historically, morally, or militarily. The more remote the target from the action, the less effective it is, not to mention the more abhorrent it is.

It really doesn't matter what the motivating ideology is. It's the same mindset that drove people to bomb clinics that offer abortions, the KKK when it bombed churches, and the four people that bombed the London subways in 2005. It's ideology uprooted from politics and purpose.

[WestStar]

16. They really need to quit screwing around with this piece 'o crap

Timothy McVeigh was arrested, tried, convicted and executed in about 6 years. This hunk of human debris has been dragging this out for 4 years already.

Of course McVeigh was a terrorist and this is just a "workplace incident". *SPIT*