Nidal Malik Hasan Tag Archives — Court-Martial Trial Practice Blog

Dual or multi-purpose

October 10, 2012 | The Law Office of Philip D. Cave

Here is an interesting little piece.

The outbreak of violence by individuals who seek to harm other persons or institutions cannot be reliably predicted today, the Defense Science Board said in a new report to the Secretary of Defense. Instead, efforts to counter violence should focus on prevention and mitigation of the threat.

The DSB was created and tasked in response to MAJ Hasan and the Fort Hood shootings. But does the report have important learning points in regard to sexual assault prevention.

MAJ Hasan update

January 17, 2011 | The Law Office of Philip D. Cave

John Galligan bemoans the lack of funding to develop mitigation evidence.

The Hasan Defense Request for Additional Mitigation Funding, dated 7 January 2011, submitted to the Special Court-Martial Convening Authority, still has not been acted upon. By comparison, I am not aware of any funding request by US Army prosecutors that has not been timely and favorably approved . . . . . Why am I not surprised?

No John, why are we not surprised? In that respect United States v. Hasan is no different than other cases.

“Discovery” request denied

November 19, 2010 | The Law Office of Philip D. Cave

Fox News reports

A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan’s defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric. . . . . John Galligan, Hasan’s defense attorney, told Fox News that he requested the White House intelligence report nearly a year ago, and it is only now that he has officially been told the information will not be available.

Eyewitness accounts and testimony

October 17, 2010 | The Law Office of Philip D. Cave

MAJ Hasan’s UCMJ Article 32 hearing and likely court-martial is drawing and will continue to draw lots of attention — of course, duh. But just as we have seen in other high profile cases there are opportunities for what I call teachable moments. Here are two from the item posted by CAAFLog about the witness who was ordered to destroy a video of the shooting he made on his cellphone. Forget the rhetoric about whether or not the Army was engaged in a cover-up.

1. Contemporaneous video’s and photos can provide vital evidence for both sides.

Nixon said he remembered Hasan because of “his stature and just how he composed himself — stoic.”

Up periscope (incl MAJ Hasan sitrep)

October 14, 2010 | The Law Office of Philip D. Cave

Military.com reports:

A US special forces member suspected of having accidentally killed a British aid worker held hostage in Afghanistan could face disciplinary action, officials said Thursday.

Reuters reports that:

MAJ Hasan

October 13, 2010 | The Law Office of Philip D. Cave

curiouser and curiouser, the Houston Chronicle reports:

Army Col. James Pohl he told the defense it could put its arguments for the continuance into writing rather than air them in court. Defense attorneys did not want to explain their reasons publicly.

"I believe that would protect your client’s interest," Pohl said, adding that he would "give you that option rather than discuss it in open court."

MAJ Hasan sitrep

October 12, 2010 | The Law Office of Philip D. Cave

Mercury News reports:

A military hearing to determine whether an Army psychiatrist should go to trial for a deadly shooting rampage at Fort Hood was abruptly adjourned Tuesday when defense attorneys asked for a nearly month long delay.

MAJ Hasan sitrep

October 11, 2010 | The Law Office of Philip D. Cave

Courtesy of Karen Franklin’s blog:

The defense team for Army psychiatrist Nidal Malik Hasan has retained prominent forensic psychologist Xavier Amador. The New York-based expert has been involved in several high-profile cases involving the military, including those of PFC Lynndie England (of Abu Ghraib infamy) and U.S. Army sergeant Hasan Akbar, who killed two fellow officers and wounded 14 soldiers in Kuwait in 2003. He was also a defense expert in the trial of would-be 9/11 hijacker Zacarias Moussaoui.

Up periscope

October 10, 2010 | The Law Office of Philip D. Cave

Inside Bay Area has a piece about corruption in the California National Guard.

From 1986 until her retirement last year, Jaffe’s job with the California Army National Guard was to give away money — the federally subsidized student-loan repayments and cash bonuses — paid for by federal taxpayers nationwide — that the Guard is supposed to use to attract new recruits and encourage Guard members to re-enlist.

Instead, according to a Guard auditor turned federal whistle-blower, as much as $100 million has gone to soldiers who didn’t qualify for the incentives, including some who got tens of thousands of dollars more than the program allows.

MAJ Hasan sitrep

October 8, 2010 | The Law Office of Philip D. Cave

I posted the other day about the defense refusal to cooperate in a scheduled R.C.M. 706 board.

Mr. Galligan’s website now points to this CNN piece. The title of his posting is, “Army Attempts Last Minute Changes to Sanity Board.” The CNN piece makes several observations.

The defense objects to the timing.