There’s plenty of information being put out that Major Hasan had problems, not just with his ideology, but also with his provider skills. So, people ask, why would the Army want to keep him and place him counseling returning or deploying personnel, send him to Fort Hood, and prepare to…
Major Hasan’s acts at Fort Hood are quite appropriately being viewed as apt to impose a death penalty at his court-martial. Based on what we are seeing and hearing there seems to be little doubt that the prosecution can gain a conviction (although an insanity defense is not out of…
If you are like me you get a lot of questions about recruiter misconduct, malpractice, and fraud. Here is an interesting article: Note, THE LEGAL IMPLICATIONS OF UNAUTHORIZED PROMISES AND OTHER MILITARY RECRUITER MISCONDUCT, 17 J. Pub. Interest L. 141 (Feb. 2008). I agree with this statement on About.com: The…
U.S. President Barack Obama Saturday urged members of Congress not to turn the investigation into the Fort Hood massacre into "political theater." Reports Military.com. This is a step in the right direction. Ratchet down the political rhetoric, allow the investigators to get their work done, and allow the prosecution and…
How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood. Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program. The program does not…
I have previously noted the First Circuit’s criticism of prosecutors calling police to set the “context” of an investigation. The view being that’s it’s an attempt to have the police testify to a whole lot of inadmissible evidence and hearsay, and prejudice the members. The same issue should be avoided…
A question arises for Major Hasan and the court-martial about venue or situs or trial at Fort Hood or somewhere else. Here is the general rule from R.C.M. 906(b)(11), for a change of venue of a court-martial: United States v. Curtis was at one time a death penalty case, but…
The Christian Science Monitor reports and makes this observation: But emerging evidence that Hasan may have terrorist connections could alter the prosecutorial strategy, as his story would hold invaluable information for investigators. One way to get that information would be to offer Hasan a deal – such as revoking the…
It seems CAAF may be about to change the rule on how Grostefon submissions are made at CAAF. Grostefon Draft Rule. Grostefon Memo.
A number of groups are unhappy that Major Hasan has not been charged under Article 119a, UCMJ, yet for his killing of a pregnant mother and her fetus at Fort Hood. (See e.g. Pro-Life Group Asks Military to Charge Hasan) So far his court-martial charges are all the 118’s. One…