Skip to comments.Article 32 Hearing For Ft. Hood Killer Off To Rocky Start
Posted on 10/13/2010 12:09:48 PM PDT by Tea Party Reveler
ARTICLE 32 HEARING OFF TO ROCKY START FOR KILLER - MAJ. NIDAL HASAN - WHO GUNNED DOWN AND KILLED 13 PEOPLE AT FT. HOOD, TEXAS LAST NOVEMBER - JUDGE (COL) JAMES POHL WILL RULE ON MOTION BY DEFENSE FOR DELAY - COL MIKE MULLIGAN OF THE PROSECUTION FUMES DEFENSE TEAM "HAS HAD MONTHS TO PREPARE" IN WHEELCHAIR - A KNIT CAP ON HIS BALD HEAD
© 2010 MilitaryCorruption.com
For nearly a year now, crazed killer, Maj. Nidal "Allahu Akbar" Hasan, has been drawing full pay and benefits as a major and Army doctor. The "horrible headshrinker" may get some more time to suck up over $6000 a month in Uncle Sam's greenbacks, if his attorney, LTC Kris Prippe, gets his way.
The field-grade attorney whined in court this week he "needed more time" to prepare his defense of the monster sitting nearby in a wheelchair, a knit cap pulled down to his ears, as if the psycho slayer sought to block out hearing about his evil crimes. The lead prosecutor, COL Mike Mulligan, was not amused. "We oppose any further delays," he said. "You've had plenty of time to prepare your case."
He's right. Hasan went on his maniacal rampage last November at Fort Hood, Tex., killing 13 persons (12 soldiers and one civilian). Nearly a year is more than sufficient to get ready for the preliminary hearing. Sources say the court-martial itself is expected to last several weeks. Many victims wounded in the fusillade of bullets are eager to get up on the witness stand and describe the terror they felt as Hasan blasted away at his innocent victims.
HOPEFULLY, REQUEST FOR DELAY WILL NOT BE APPROVED
A ruling on Prippe's request could come momentarily. Judge COL James L. Pohl has said as much. The Article 32 is purely prelude to the big show - the court martial. No way, can even the gutless and politically correct brass, (see our story on foolish Gen. Casey in RSB below), avoid a court-martial on this terroristic crime.
As far as we are concerned, the sooner this shameful shrink is put to death, the better. There are several staff members here at MilitaryCorruption.com who would like to participate in Hasan's execution. Too bad the Army can't dig up Florida's "Ole Sparky," the infamous electric chair that often malfunctioned and fried the chair's occupants like crispy critters.
Giving Hasan the death penalty would send a message "loud and clear" that we will NEVER tolerate such a bloodbath on one of our military bases again. Too bad we couldn't bust and court-martial the wimps and PC-officers who allowed Hasan to get as far as he did. They too, share in the guilt of the "Fort Hood Massacre."
Funny how other members of our military who are accused of far lesser warcrimes are brought to trial much quicker and with less sympathy.
It was criminal negligence for the politically correct officers to permit a known terrorist sympathizer who'd made death threats against all non-muslims to remain in our military. He had communicated with the enemy and they called that "outreach". I call it treason.
Ah, this situation is probably why the media is now absolutely obssessed with The Great Miner Rescue.
Get a rope, hang him high, watch him swing, and let him rot.
FALSE! This was cold, calculated murder inspired by his Islamic religion.
Attacking LTC Prippe for doing his job as a military defense counsel is a cheap shot. It’s what the ARMY pays him to do, and what the military ethics rules require: to present a vigorous defense, even if the tactic may seem frivolous to you. A Grostefan complaint (ineffective assistance of counsel) is an easy way to put off the inevitable for months after the court martial. Why the hell give Maj Hassan any more grounds for appeal than absolutely necessary?
Former Area Defense Counsel
Former Circuit Defense Counsel
I would expect the prosecution to bring charges against one or more of the Washington Post writers who knew about this guy's criminal plans but who did not report them.
Mike Wallace and Peter Jennings have said that they would not thwart such an attack if they had foreknowledge of it. Their "first duty is to remain impartial".
There is a youtube clip of them making just such a claim at some sort of townhall forum.
...although I do have a copy of the old AFMAN (Air Force Manual) that gives instructions on the proper construction and operation of a gallows.
Just like turning over a rotten log...the government is...
You’re correct of course. Its what any good lawyer would do: more time, motion to dismiss, jury selection (not an option here...), etc.
Would folks want THEIR lawyer to do anything less?
As to procedure, be prepared for what seems like a miscarriage of justice, but what is in reality a very intentional redirection.
It is based on the idea that while the military frequently issues the death penalty, it almost never carries it out, because the President himself must sign off on it, after an outrageously protracted appeals process.
However, the State of Texas is not so hobbled in its pursuit of justice.
So, because he killed both military personnel and civilians, on a military base, the Army has “first crack” at criminally trying him. However, when they are done, he will be given a second trial, by the State of Texas.
But this presents a problem. Because once convicted of his military offenses, he would typically be sent to the military prison at Fort Leavenworth, Kansas, where he would serve his time before being returned to Texas.
This is problematic, as you can see. So it is up to the military to find a way to convict him of his crimes, so that he cannot be released, no matter what else happens; yet to do it in such as way that he can be expeditiously turned over to the State of Texas.
Because once in the embrace of the loving arms of Texas, he is a dead man, and he will be executed soon enough so that everyone remembers why, instead of dying of old age in Kansas.
The "posties" were under the jurisdiction of the military authority as they visited.
Mike Wallace: Journalist First, American Second (with Vintage Video)
By Brent Baker | March 16, 2006
...on an edition of the PBS panel series Ethics in America, devoted to war coverage, which was taped at Harvard in late 1987, Mike Wallace proclaimed that if he were traveling with enemy soldiers he would not warn U.S. soldiers of an impending ambush.
Don’t you have a higher duty as an American citizen to do all you can to save the lives of soldiers rather than this journalistic ethic of reporting fact?”, moderator Charles Ogletree Jr. suggested.
Without hesitating, Wallace responded: “No, you don’t have higher duty...you’re a reporter.”
When Brent Scrowcroft, the then-future National Security Adviser, argued that “you’re Americans first, and you’re journalists second,” Wallace was mystified by the concept, wondering “what in the world is wrong with photographing this attack by [the imaginary] North Kosanese on American soldiers?”
He killed 14 people, not 13. Everyone needs to start getting this right.
It's possible that he couldn't actually imagine himself traveling with enemy troops. Can you imagine him trying an ambush interview of an SS colonel?
NEVER blame the defense attorney. That person has an obligation for the MOST vigorous and effective defense possible, no matter who the client. Not an easy job, because of the obvious moral conflicts one will have.
If there is fault, it is to the Judge and to the system. But more to the Judge, for even a Judge in bad system must act to alleviate or nullify the great damages a bad system has. Consequently, to be a good judge in bad system is a Herculean task almost all fail to complete. Still, the Judge bears the fault, even if it is the system which needs correction.
“Can you imagine him trying an ambush interview of an SS colonel?”
Yeah, I would have liked to see him try with the likes of Joachim Peiper:
And that's the reason that that is so. The "lower" the crime, the easier it is to get the thing kicked off, to get a deal for a guilty plea, or to have the offenses handled in an alternate manner.
Generally, around here at Fort Hood, the more serious the crime, the longer it takes to get to court (or even to the Article 32). Oft-times, there are prosecution delays for investigatory reasons .. to allow CID or MPI to conclude their investigations, to ensure that lab work has been done at USACIL, to ensure that all of the witnesses and evidence are lined up, prepped, and ready to go.
However, most of the delays are defense delays for case preparation .. and the more serious the case, the longer the case preparation usually is.
As a Fort Hood court reporter, I see this all of the time. In this particular case, I'm not overly concerned or bothered about the delays. The investigating officer doesn't want to screw up on this, and the easiest way to do so is to force the defense to the proceedings before they claim that they are ready. As an investigating officer, COL Pohl's decisions can be appealed any number of ways, further delaying the proceedings and possibly polluting the processing of the case.
I've said all along that I don't believe that the actual court proceedings will kick off until sometime during the summer of next year (if even then; it may be the autumn). Hasan is not going anywhere: he's paralyzed and being held in the Bell County Jail ... not quite a Mexican jail, but not one of the shining lights of confinement facilities. His money, I'm sure, is pretty much all going to pay for Mr. Galligan, his civilian attorney .. who is notorious around here, even in the smallest of cases, for delay after delay.
All-in-all, this case isn't going anywhere fast. By the time it's held and the inevitable appeals go up the chain, it could very well be President Palin who will be making the decision as to whether he will be executed or not. Which, in and of itself, is a pretty comforting thought: the longer the delays, the more likely that the Moslem-in-Chief will not be making any appellate decisions in the case.
Like I recall Col Lakin. And him being threatened with being “tazed” and thrown in the van.I remember Army Sp.Michael G.New before him discharged for refusing to illegally alter his BDU
and treated like a slacker for honoring his oath.
Drive On-Sir! T’anks for your most excellent reply
another worthy reply—T’anks. But if I might ask in my fashion would it be impolite for me to make Mr.Hasan a little blanket
to make him more comfortable in his chair.I know a guy does some crazy stuff with pigskin...just asking.
agreed Sir, we dont want to leave grounds for appeal...but really, a year to form a defense for essentially ‘pre-trial’ ??? what can he possibly use as a defense ???
Wow - really? Son, your ignorance and bitterness are showing. I know Mike Murphy and he got what he deserved - initiated by the JAG Corps and stymied by the White House, which refused to release his records and prevented a true sentence from being handed down. He still retired as a 1Lt. I knew former Major General and now Colonel Fiscus and he got better than he deserved - NOT because of the JAG Corps, which recommended an Article 32 hearing, but because of a 4-star line officer, who offered an Art 15 nonjudicial punishment. As far as my personal record goes, TAKE YOUR BEST SHOT.
JAGs are line officers first, and THEN judge advocates. As a class, they are honorable, ethical and extremely competent. We could argue for days about ROEs and RUF - I probably come down much closer to your point of view than that of the headquarters types.
Have a great Air Force day, TPR.
So long as Monday Night Football is not interferred with, most will not care.And probably don't want to hear about it.
So long as Monday Night Football is not interferred with, most will not care.And probably don't want to hear about it.
Well one thing for sure, he did not get where he was in a vaccumm. He all but tool an ad out in the newspaper stating what his intentions were. In my opinion, not that anyone cares,the ones that made possible for him to get to where he was should be court martialed also. The blood of his victims is on their heads equally. For with their paving the way, he would not have been a position to carry out his deed.
You better not give a muslim so much as a dirty look. Or say you intend to burn some toilet paper a/k/a aquran.
Let the guilty face a wrongful death civil trial for which they are personally financially accountable for their deeds.
Defund the Left. Political correctness is killing this country.
The meme is that as tragic as it was to see 4 dozen people gunned down, 25 percent of whom died of their injuries. It would somehow be “more tragic” to take efforts to prevent such domestic terrorism in the future. The system worked. We can absorb a terrorist attack. This wasn’t terrorism, it was just PRE-tramatic stress syndrome... it was a case of workplace related violence TOTALLY unrelated to militant Islam... < /liberal talking points >
“It was criminal negligence for the politically correct officers to permit a known terrorist sympathizer who’d made death threats against all non-muslims to remain in our military. He had communicated with the enemy and they called that “outreach”. I call it treason.”
How foolish you are.
Had any of the officers above hasan done anything (a bad eval, an ass chewing, anything), hasan would have walked into the Military Equal Opportunity (the DoD PC police) office and claim “victim status” and those officers careers would be over. They knew it and hasan knew they knew it.
In the current PC culture of the DoD the only people who would have been kicked out was anyone who reported hasan’s activities.
Gen Casey’s statement regarding “diversity” ensured that no one in the Army would ever consider reporting a muslim as a possible security threat.
And a change in policy from “Don’t Ask, Don’t Tell” will see the same flood of “past victims’ claims” and fastracked quota promotions for homosexuals.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.