Legally, 'we're in for a long haul'

Houston Chronicle ^ | 11/8/2009 | LYNSI BURTON

[Saije]

As Maj. Nidal Malik Hasan lay under heavy guard at Fort Sam Houston on Sunday, military prosecutors and the accused Fort Hood gunman's family were preparing for what could be a long and complicated legal proceeding.

Military justice experts told the Houston Chronicle that Hasan, if he recovers, could face the death penalty in a military court-martial — unless civilian prosecutors conclude that he was part of a terrorist plot that would justify moving his case into federal criminal courts under U.S. anti-terrorism laws.

But veterans of the military justice system say that any case against Hasan could take many months and could be delayed by medical assessments of the Army officer's physical and mental health. And even if a death sentence is handed down, the military justice system's lengthy appeals process has effectively thwarted all executions since 1961.

“We're in for a long haul,” said Scott L. Silliman, a retired career JAG officer in the Air Force who now directs Duke University Law School's Center on Ethics and National Security.

The Army “will not try to move the case too quickly because that might build in a problem down the road,” he added. “They're doing all their spade work. There's not a rush.”

As the probe proceeds, the case against Hasan will be complicated by questions of whether he was sane at the time of the shootings or if he can get a fair trial at Fort Hood.

Indeed, prominent figures – from his base commander, Lt. Gen. Robert Cone, to his commander-in-chief, President Barack Obama – have publicly identified him as the alleged assailant. On Sunday, Army Chief of Staff George Casey said on ABC's This Week program that Army investigators currently believe that Maj. Hasan was the lone gunman.

[Saije]

It took 6 years in the Timothy McVeigh case.

[JLS]

Exactly, I just went and looked that up. The government was offended by what McVeigh did. We shall see if they are equally offended by this act.

[JLS]

I just checked and Hasan Karim Akbar was convicted in about 2 years, but has not been executed more than 6 years after his offense.

[MuttTheHoople]

I have a theory about the Muslim jihadists we've been fighting for the past 30 years....I think they do it because they can't score with women.

Think about it- look at their founder, some dude name Qutb

He was a complete loser with chicks. He formed his fanatical Mohammedism while a student in the U.S. in the late 1940's. If he had looked like Omar Sharif, he'd have had better luck with the babes, and maybe we wouldn't have fanatical Islam at our throats.

The Muslims we have trouble with are NOT the Camel-riding, tent-sleeping, goat-herding peasants. Those Muslims just want to get through the day and maybe try to follow the Five Pillars of Islam.

No, the Muzzies that cause the most trouble are the ones who've been thoroughly westernized, have seen our movies, listened to our music, ate our food, and maybe even know our slang. These Muslims are unhappy because they have a God-shaped hole in their hearts, and so they try to fill it with what they think is "Spirituality", by following Marduk the Moon God, and the teachings of their pedophile prophet. Most of these Muslims aren't very good looking, strike out with women, and probably smell. Because of their lack of God, and their inability to find a decent-looking woman, most turn to Radical Islam to get back at the rest of us who have girlfriends/wives.

[OldDeckHand]

"I just checked and Hasan Karim Akbar was convicted in about 2 years, but has not been executed more than 6 years after his offense."

Akbar still hasn't exhausted the mandatory appeals, and won't until sometime next summer, at the earliest. When he has, the Army will formally request that the President (probably Obama) approve their request for death. Then Akbar is entitled to another bite at the appellate apple, presuming he wants one, all the way to the Supremes. This will take another 4-8 years.

The first military death sentence approved in 50 years (last one signed by Eisenhower, JFK denied one), was just signed by Bush last year. That sentence was stayed less than a week before the scheduled execution - it's still pending appeal. The crime, by a guy named Gray (I believe) was from 1987 or 1988, rape/murder.

With the complexity of Hasan's, we won't see resolution in less than a decade - or longer.

[JLS]

And John Muhammad was convicted a year after the DC sniper murders. His execution is pending this week, 7 years after the murders.

[JLS]

I don’t really see the complexities. The eyewitness either can or can not ID him. It either was a gun he bought or not that was used to kill the various people. The scientist will testify to that.

So what complexities am I missing. I would think military justice would work more efficiently than civilian.

[Mark17]

So what complexities am I missing.

Do not underestimate the power of PC. PC can kill us all. Whatever comes of this case, I am reasonably sure this murdering sack of excrement will die of natural causes, long before his execution day ever rolls around.

[OldDeckHand]

'So what complexities am I missing. I would think military justice would work more efficiently than civilian."

All those witnesses - each one can be interviewed and each one can be challenged. All that ballistic evidence and ancillary forensic evidence - again, each piece can be challenged. All those victims. And, just the sheer number of charges, more than I've ever seen for a single defendant in a single case, will take an incredible amount of time.

Since the UCMJ's inception in the 50's, military law has become increasingly similar to its civilian counterpart. It's very much like practicing in federal court. In fact, many will argue than there's actually more defendant protections under the military law - I don't necessarily agree with that, but I do think it's a patently fair system.

And lastly, as the article correctly points out, no one is going to be in a hurry here. There is appellate review - including civilian review - of military justice cases. Everyone will want to get it right.

[freekitty]

The government may not be offended; but the people are.

[cynwoody]

Think about it- look at their founder, some dude name Qutb

Fellow non-hyphenated fascist Gamel Abdel Nasser took out that Islamo-fascist garbage in 1966.

[TomasUSMC]

doing all their spade work

Oh boy, that person who said that will have to sign up for all kinds of sensitivity tolerance diversity S.H.I.T. (Special High Intensity Training)

His family. Why not arrest his family and interrogate them for awhile?

[snowtigger]

Meanwhile, the State of Texas should demand the Fed turn him over to face State charges for the civilian he murdered and the Police officer he attempted to murder.

[TYVets]

Do not underestimate the power of PC. PC can kill us all.

In a decade the terrorist will probably have a PC trial under sharia law.

[USFRIENDINVICTORIA]

“Military justice experts told the Houston Chronicle that Hasan, if he recovers, could face the death penalty in a military court-martial — unless civilian prosecutors conclude that he was part of a terrorist plot that would justify moving his case into federal criminal courts under U.S. anti-terrorism laws. “

This is very interesting. The PC crowd, which would otherwise be insisting on a civilian trial — have already decreed that this was not a terrorist plot. Perhaps, they've boxed themselves in.

[infowarrior]

This is very interesting. The PC crowd, which would otherwise be insisting on a civilian trial — have already decreed that this was not a terrorist plot. Perhaps, they've boxed themselves in.

Indeed... Far too clever, by half, as the saying goes...

the infowarrior

[happygrl]

U.S. warns of possible attacks after CIA killer’s execution
Friday, November 15, 2002 Posted: 8:16 AM EST (1316 GMT)

FBI agent Bradly Garrett, right, helped capture Mir Aimal Kasi in 1997.

CNN’s Bob Franken reports the State Department has warned of possible attacks against U.S. citizens because of Mir Aimal Kasi’s execution [November 14]

JARRATT, Virginia (CNN) — The U.S. State Department is warning that the Thursday execution of a Pakistani man for killing two CIA employees might trigger retaliatory attacks by terrorists.

Kasi, 38, died by lethal injection at 9:07 p.m. ET at the Greensville Correctional Center.

The Pakistani native was convicted of an ambush-style murder spree with an AK-47 rifle at the CIA headquarters in Langley, Virginia, on January 25, 1993. Two agency employees died, three others were wounded.

http://archives.cnn.com/2002/LAW/11/15/cia.killings.execution/index.html

[happygrl]

Your theory has been given much credence by experts.

In fact, in Lebanon, there was a program to find wives for many of the militia members after the Civil War, as they thought it would help civilize them. It worked.

[x_plus_one]

Wait till Axelrod assumes control of Hassan for ‘national security resons.’ The whole incident will be swept under the rug...

[Carley]

McVeigh was not a military trial

Frankly, I would prefer this murderer to be paralyzed and cared for by women nurses for a good long time.