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November 8, 2009

"Suspect Could Face Death Penalty in Fort Hood Shooting"

The title of this post is the headline of this FoxNews piece, which spotlights that the death penalty has entered conversations in the aftermath of the horrible events at Fort Hood earlier this week.  Here is the start of the article:

The Army psychiatrist suspected in Thursday's deadly Fort Hood rampage in Texas could get the death penalty if he is convicted of multiple counts of first-degree murder — and military law experts say the evidence against him will be substantial.

American-born Maj. Nidal Malik Hasan has yet to be charged but is expected to face at least 13 counts of murder, one for each of the victims who died, as well as numerous assault and weapons charges in a court-martial.

"Obviously, we're all guessing, but it's reasonable to believe that he will be convicted and sentenced to death," said retired Navy lawyer Philip Cave, now a military crimes defense attorney.

Cave estimated that Hasan, 39, would spend between five and 15 years in the military's court martial system. "It will be a long charge sheet," military law scholar Richard Rosen told KCBD.com, "one longer than I've ever seen in my life time in the Army."

November 8, 2009 at 11:21 AM | Permalink


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"Suspect Could Face Death Penalty in Fort Hood Shooting"

One would hope. The evidence of malice and substantial planning is already piling up.

Posted by: Bill Otis | Nov 8, 2009 11:40:23 AM

A military DP case heard before Alito and Sotomayor joined the court is the only modern capital case I'm aware of where the modern court unanimously endorsed imposing death. The issue in that case was whether the president could provide limiting guidance on what sorts of crimes are death elgible under military justice.

I don't recall the split but part ruled that the president has such authority and it was properly exercised. Another group ruled that unlike civilian courts such limitations aren't even needed.

It won't surprise me if some sort of mental defense is tried here, but that seems like it would be a tough road. People don't generally get promoted by being stupid.

Posted by: Soronel Haetir | Nov 8, 2009 11:45:03 AM

He should be tortured in Syria, not for information, but to make him suffer. Then he should be shot after an hour's fair trial. Post the torture video on Al Jazeera.

Obama will give him life in a cush federal facility, because Obama is a Moslem, a lawyer, and terrorist collaborator, as all lawyers are. Which is worst, you decide. Come the next major terror attack, all accounts get settled with this CCE that infiltrated our government and makes 99% of all policy decisions.

All PC is pretext for lawyer case, and this slaughter was a direct result of PC. The military embedded lawyer had 100% responsibility for this tragedy. There should be zero tolerance for cultural diversity nor for any advocate of such. These are dangerous traitors. All university departments getting any federal funds or student loans must be purged of left wing traitors, diversity advocates, feminists, and all America Haters. All members must take a loyalty oath or lose their jobs. This terrorist vermin would not have a high rank, nor have been in a position to kill our heros had PC not totally invaded our armed services. Everyone up the chain of command who allowed him access must be investigated for terrorist ties, for PC, and must be immediately fired. If the lawyer traitor wants to second guess every tiniest decision by our warriors, let the lawyer traitor pay the consequences when things blow up in our faces.

The hierarchy of the CCE must be rounded up, tried and executed. Then an Amendment should exclude the lawyer from all benches, all legislative seats, and all responsible policy positions in the executive. At some point, the public will come to the same conclusion. I hope it does not take a nuclear explosion in a city to reach that conclusion. The nuclear device would be planted because Obama is a Moslem appeaser, being a Moslem himself. Under Bush, the deal was, attack us, lose a country. Under Obama, it is, attack us, and it is the chickens coming home to roost.

Posted by: Supremacy Claus | Nov 8, 2009 1:33:27 PM

One must contrast our terror doc with the Brit terror docs. Our terror doc was American trained, and worked for the US military. He was competent in his terrorism. The NHS Commie Care Brit terror docs managed to burn themselves. They were dispatched by the incompetent terror docs in the NHS Commie Care incompetent burn units.

Now, we are going to have NHS style cheap Commie Care, thanks to Obama. Our terror docs will become incompetent, as the Brit one were.

Posted by: Supremacy Claus | Nov 8, 2009 3:20:48 PM

SC. You always manage to find the bright spot in everything.

Posted by: Daniel | Nov 8, 2009 8:44:12 PM

Soronel, it's Loving v. U.S.


Justice Thomas noted in a footnote, "Although the applicability of Furman v. Georgia, 408 U. S. 238 (1972), and its progeny to the military is an open question, the United States surprisingly makes no argument that the military is exempt from the byzantine rules that we have imposed upon the States in their administration of the death penalty."

The argument was made by a wascally wabbit of an amicus, but the Court followed its usual practice of not addressing arguments raised only by amici. Making such an argument is a longshot -- low chance of winning but a big payoff when you do.

Posted by: Kent Scheidegger | Nov 9, 2009 7:32:34 AM

SC, when you said "as all lawyers are," did you mean:
1) All lawyers are Moslem? (Debatable. I know a few lawyers who are not.)
2) All lawyers are lawyers? (That is definitely true. I have not yet encountered a single exception.)
3) All lawyers are terrorist collaborators? (I don't know, a few prosecutors might not fit the bill.)

Posted by: Terrorist muslim attorney | Nov 9, 2009 4:44:05 PM

I've seen enough PC centric military justice to convince me that this case should be tried in federal court.

Posted by: mjs | Nov 9, 2009 5:05:37 PM

i'm with the ones who think it's time to just SHOOT him and move on. By his actions he's shown he's a member of the islamic enemie we have been fighting for centuries!

Posted by: rodsmith3510 | Nov 9, 2009 8:40:40 PM

Evidence of forbearance in PC was a factor.


Hasan sought to contact Al Qaeda.

As to lawyers, their first allegiance above all other, above to nation, to family, even to self-preservation, and personal survival is to the rent seeking purposes of the criminal cult enterprise to which they belong. So legal procedure comes before the safety of the nation. When the time comes, all second guessers and bulliers of our warriors will be named, rounded up, given an hour's fair trial, and immediately shot. The unnamed JAG that canceled the predator strike on Mullah Omar's limousine and threatened a Four Star general. The embedded lawyers that cancel brigade actions, and down to the squad in combat scene. They say, you need more certainty those aren't civilians in that house or face prosecution.

Then, the Supreme Court has given rights to the terrorists at Guantanamo. As long as lawyers have jobs, they do not even care about the terrorists.

9/11 was caused by lawyers, and the lawyer heavy 9/11 Commission did not even consider that factor. 1) They downgraded the first attack on the WTC as a crime, instead of a declaration of war, generating massive legal costs, and encouraging 9/11 by the weakness of our Democrat Party, the party of the lawyer. 2) They impeached Clinton on a pretextual, ridiculous deposition misconduct beef, consuming the 1000's of hours he should have spent on protecting our nation. 3) They will not allow torture. It sure does work, and in 2 minutes. 4) They will not allow all out attacks on our enemies, prosecuting our warriors. 5) They counsel appeasement, which will invite more attacks and massive counterattacks. 6) At the point of a gun, they impose PC, with all PC coming from and generating case. One may not even verbally criticize Islam nor any Islamic running dog in our country without facing ruinous litigation and endless investigations by federal thugs. In contrast, jihadists have fully infiltrated our military services, law enforcement agencies, and policy making bodies. I doubt Obama can blow his nose without its being reported to Al Qaeda.

The vast majority of lawyers must begin to speak up against their hierarchy, or share in their ultimate fate.

As to prosecutors, these are the biggest rent seeking, slacking government vermin of all. Instead of refusing to prosecute people who were really at war, they consumed $millions on worthless trials. They got life sentences and gave the terrorists immunity to stick pencils into the eyes of guards, with nothing that could happen to them.

Posted by: Supremacy Claus | Nov 9, 2009 9:00:04 PM

I agree for once with SC. The big city law firms who allow their lawyers to work pro bono for terrorism suspects rubs me the wrong way. It is difficult to see how they are not working at cross purposes against their country.

Posted by: mjs | Nov 9, 2009 9:17:38 PM

"Big city law firms," or small city law firms, who do pro bono work, are the cream of the crop. The point is terrorism suspects. They are suspects only. They are not convicted criminals until the criminal law process has been fulfilled. That's what makes this a great country. That's what prevents us from being Syria.

It's amazing that some people don't understand this.

Posted by: hoopla | Nov 9, 2009 9:49:38 PM

hoopla --

A killer is a killer the moment he kills, not the moment he is convicted. It's amazing that some people don't understand this.

Forgive me for being Syria and all that, but at some point reality must intrude on legalism. Under your reasoning, the 9-11 mass murderers remain mere "suspects" -- if even that -- since, after all, none has even been charged, much less convicted.


Posted by: Bill Otis | Nov 9, 2009 10:34:54 PM

Hoopla: I see as a victim too. You were indoctrinated into the false propaganda of the hierarchy of the criminal cult enterprise that is the lawyer profession. When it is eradicated for its insurrection against the Constitution, the public will greatly benefit.

However, the lawyer will doubly benefit, since the lawyer is doubly oppressed by this organized crime mob.

And the ordinary judge is triply oppressed and frustrated by this treasonous hierarchy. The judge will benefit far more than the public and lawyer.

Posted by: Supremacy Claus | Nov 9, 2009 10:41:16 PM

FBI refused to look into contacts with Yemen radicals.


The FBI are trained as ... ? Lawyers, correct. Vile, PC, traitor lawyers. The entire section that failed to prevent this catastrophic slaughter must have employment outside government before this year is out. Top to bottom. If Holder prevented the investigation, he must resign or get impeached. There should be zero tolerance for PC in the FBI.

Posted by: Supremacy Claus | Nov 9, 2009 10:49:17 PM

Hasan does not want to speak without counsel. He knows his civil rights as a criminal defendant well. His assigned lawyer, John Galligan, has demanded that no one speak to him.



This former military lawyer and judge is going all out to protect the Constitution, I suppose. Every American should shun Galligan, including doctors, should he get sick. Every group to which he belongs should expel him. If he continues his disloyalty, the families of the victims should start by beating his ass in street justice.

Posted by: Supremacy Claus | Nov 9, 2009 11:01:17 PM

A review of PC as a factor in this case.


Posted by: Supremacy Claus | Nov 10, 2009 12:11:13 AM

Holder to speak before CAIR affiliated group.

This biased pro-terrorism lawyer must resign or be driven out of office. This is PC to the extreme.


See the numerous comments on this article to see that I am mainstream, and the folks here are the freaks.

Posted by: Supremacy Claus | Nov 10, 2009 2:20:09 AM

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