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…
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…
WOAI.com reports: A former military nurse will be court-martialed for allegedly killing three terminally ill patients at the Air Force’s largest hospital. Capt. Michael Fontana is set to enter a plea in September at Lackland Air Force Base, near San Antonio. The military announced Tuesday that a trial date will…
So which CID agents are violating Article 92, UCMJ? And if they are lawyers on the government side, which lawyers are violating Article 92, UCMJ, and ethics rules for lawyers in the Army regarding pretrial publicity? officials told The Associated Press on condition of anonymity because they were not authorized…
(Thanks to Volokh Conspiracy) we have Sanford v. United States, No. 08-5402 (D.C. Cir. 13 November 2009), in which the court held that a SPCM with less than six members is not unconstitutional. The court notes that: This court has recognized that the standard of review in non-custodial collateral attacks…
I have mentioned several times that I always look for MySpace, Facebook, and other social network accounts held by witnesses at a court-martial trial I have. In a number of instances I have found information, photographs, or leads to other information that has been useful for cross-examination at the court-martial. …
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…
ACCA has decided United States v. Kloch. The accused wanted to tell the military judge in his unsworn that several of his co-accused’s had received 15 days confinement at summary court-martial, etc. The MJ would not allow the statement. ACCA found error, but that it was non-prejudicial.