Court-Martial Trial Practice Blog
WOAI.com reports:
Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan.
Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files.
Does Mr. Galligan have the appropriate security clearance? If not, that would be a reason for a withholding of classified material.
Has Mr. Galligan submitted his SF 86 and other required documents to obtain a clearance?
According to Galligan, Hasan is paralyzed and hasn’t left Brooke Army Medical Center because officials still have not decided where he should be put next.
WOAI’s Kristina De Leon asked Galligan why and how he could defend Hasan?
"For the same reason I can defend a soldier who’s accused of killing detainees in Afghanistan," responded Galligan.
Good answer! Like it or not regulatory and constitutional rights are not dependent (completely) on who you are but what you are accused of and the process that is being followed.