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The Intelligence side of Major Hasan’s case

November 12, 2009 | The Law Office of Philip D. Cave

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 Peninsula, Nasir al-Wahayshi, for jihadists to conduct simple attacks against a variety of targets in the Muslim world and the West. We also noted how it is relatively simple to conduct such attacks against soft targets using improvised explosive devices, guns or even knives and clubs.

The next day, a lone gunman, U.S. Army Maj. Nidal Malik Hasan, opened fire on a group of soldiers at Fort Hood, Texas.

At least 13 charges against Major Hasan

November 12, 2009 | The Law Office of Philip D. Cave

An official news release from Fort Hood PAO states that:

The charges filed against Hasan include 13 specifications of premeditated murder, in violation of Article 118, Uniform Code of Military Justice, (emphasis added).

hat-tip to CAAFLog. The media has been speculating all afternoon based on a CID news conference. I would not imagine CID to be a spokesperson for the Article 32, UCMJ, appointing authority, and if it’s CID, I’d want to see it in writing. One suspects CID is wanting a little face time with the public. CID investigates, they don’t decide what charges will be preferred.

Major Hasan’s mental responsibility (insanity)

November 12, 2009 | The Law Office of Philip D. Cave

Here’s the question, I think.

Military.com, as with many other media outlets are reporting:

Nidal Malik Hasan’s overly zealous religious views and strange behavior worried the doctors overseeing his medical training, but they saw no evidence that he was violent or a threat.

How could you?

November 12, 2009 | The Law Office of Philip D. Cave

Yes, of course John Galligan is getting that question. We get it all the time. How could you represent so-and-so at court-martial? Here is MichaelTomasky’sBlog.

Banner CNN day: Wolf Blitzer apparently really distinguished himself yesterday by asking Nidal Hasan’s military lawyer, retired Colonel John Galligan, how on earth he could do such a thing[?]

Many in the legal community are critical of President Obama, who as the Commander-in-Chief may have “screwed up” the prosecution of Major Hasan for his acts at Fort Hood.

Technology and the fourth amendment

November 12, 2009 | The Law Office of Philip D. Cave

The Wall Street Journal reports:

The only good news out of the Fort Hood massacre is that U.S. electronic surveillance technology was able to pick up Major Hasan’s phone calls to an al Qaeda-loving imam in Yemen. The bad news is the people and agencies listening to Hasan didn’t know what to do about it. Other than nothing.

The other bad news may be that a number of politicians, particularly Hoekstra, having been disclosing this information to the public. No wonder the CIA and other agencies are suspicious of giving “delicate” shall we say information to Congress.

Meteor burns out

November 11, 2009 | The Law Office of Philip D. Cave

WESH2.com reports:

A former astronaut pleaded to a lesser charge and avoided jail time for attacking a romantic rival in Orlando on Tuesday, but she could still face military prosecution.

Navy captain Nowak will be awaiting a letter from the Chief of Naval Personnel (connected with show-cause board actions), or the Secretary of the Navy (authorizing prosecution at court-martial). If she is allowed to retire then there will be a retirement grade determination for retirement as a commander (O-5).

Toobin on toolong

November 11, 2009 | The Law Office of Philip D. Cave

CNN Justice reports:

Toobin: Cabinet members may end up negotiating which legal system will try Army Maj. Nidal Malik Hasan, the suspect in last week’s mass shooting at Fort Hood in Texas, CNN senior legal analyst Jeffrey Toobin said Tuesday.

CNN: Would the charges be the same in either case?

Major Hasan – the hardest job

November 11, 2009 | The Law Office of Philip D. Cave

Who has the hardest job in the prosecution and defense of Major Hasan, by that I’m talking about the lawyers and the judge.

As many have already observed, the merits portion of Major Hasan’s trial at Fort Hood is likely a done deal, except for the potential mental health issues. I would even argue that it’s not necessary to know why Major Hasan killed a lot of innocent people in a very public way. There are 14 dead (I’m including the fetus) and a score or so physically injured. There are witnesses and apparently the weapon(s) have been found. The police officer who shot him can testify to chain of custody. With that evidence presented to the Members, who needs to know his motive to convict. A group of five to seven live witnesses can testify to victim impact, and have lots of letters standing by. Perhaps get some making a very simple video statement.

The elephant in the room will be his motive regardless of any evidence that he was or tried to associate with terrorists. With all of the media attention this case has and will continue to have, does anybody not understand and believe that regardless of what you tell the Members they will be thinking about what happened and why. That means you don’t need to present evidence of motive. Trying to prove Major Hasan is a terrorist or has terrorist ties isn’t going to aggravate the case any more than it is for a conviction and death penalty sentence. And it’s a conviction and sentence that will stick and not having to spend a long time in appellate review that people want and need.

It’s all Greek to me

November 11, 2009 | The Law Office of Philip D. Cave

Military.com reports:

A Marine reservist accused of attacking a Greek Orthodox priest with a tire iron after apparently calling him a terrorist was actually defending himself after being sexually attacked by the cleric, his defense attorney said Tuesday.

Tampa Police report offered a far different account, saying Marakis was lost when he followed Bruce into the garage and asked for help, then was struck with the tire iron and chased several blocks. When officers arrived, Bruce called Marakis a terrorist and said the priest had shouted "Allahu akbar!" — Arabic for "God is great."

Another Stolen Valor Act prosecution

November 11, 2009 | The Law Office of Philip D. Cave

CNN reports:

California man is facing a criminal charge for wearing numerous Navy medals despite the fact he never served in the military, federal prosecutors said Wednesday.
A witness “saw Burton wearing a Marine Corps uniform displaying the rank of lieutenant colonel, along with the Navy Cross, the Purple Heart and the Bronze Star[.]