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Soldier says ordered to delete Fort Hood videos
AP ^ | 10-15-2010

Posted on 10/15/2010 9:35:23 AM PDT by My Favorite Headache

FORT HOOD, Texas – A soldier who recorded the terror of last year's deadly shooting rampage in Fort Hood using his cell phone was ordered by an officer to delete both videos, a military court heard Friday.

Under cross examination, Pfc. Lance Aviles told an Article 32 hearing that his noncommissioned officer ordered him to destroy the two videos on Nov. 5, the same day that a gunman unleashed a volley of bullets inside a processing center at the Texas Army post.

The footage could have been vital evidence at the military hearing to decide if Maj. Nidal Hasan should stand trial in the shootings. The 40-year-old American-born Muslim has been charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

Prosecutors have not said whether they'll seek the death penalty if the case goes to trial.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Breaking News; Crime/Corruption; Culture/Society; Foreign Affairs; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Texas; War on Terror
KEYWORDS: 0bamacampaignstaff; 0transitionteam; allahakbar; allahuakbar; cellphonevideo; censorship; coverup; cultureofcorruption; deathbyfiringsquad; destoyedevidence; domesticterrorism; forthood; forthoodshooting; fthood; fthoodmassacre; hasan; hasantruthfile; islam; jihadinamerica; majorhasan; military; muslim; nidalhasan; obama; obamasfault; on0bamacampaignstaff; palin; politicalcorrectness; politicallycorrect; pravdamedia; soa; soldierofallah; terrorism; terrorist; traitor; transitionteam; treason; troops
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1 posted on 10/15/2010 9:35:25 AM PDT by My Favorite Headache
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To: My Favorite Headache

High up the food chain did this order go?


2 posted on 10/15/2010 9:37:50 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: My Favorite Headache
his noncommissioned officer ordered him to destroy the two videos on Nov. 5
Demote the noncomm to Private, and send him to duty in Northwest Alaska.
3 posted on 10/15/2010 9:38:13 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: My Favorite Headache

We can’t have him screaming “Allah Akbar” being captured on film, can we?


4 posted on 10/15/2010 9:38:21 AM PDT by Carling (Remember November)
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To: My Favorite Headache

Accomplice, or just an idiot?


5 posted on 10/15/2010 9:38:21 AM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: My Favorite Headache

Are videos allowed of military bases in general?


6 posted on 10/15/2010 9:38:52 AM PDT by sam_paine (X .................................)
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To: My Favorite Headache

I know an illegal order when I hear one, and I would have told the NCO absolutely no way am I ‘deleting this’.

But thats just me.


7 posted on 10/15/2010 9:39:04 AM PDT by Badeye (I can see NOVEMBER from My HOUSE.)
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To: sam_paine

Are videos allowed????

Every cell phone is now a video camera. How could they prohibit videos?


8 posted on 10/15/2010 9:40:46 AM PDT by earlJam
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To: My Favorite Headache

Post it to youtube, send it to friendly media sources, back it up to flash drive, put it in a safe deposit box.....then delete it.


9 posted on 10/15/2010 9:41:10 AM PDT by wilco200 (11/4/08 - The Day America Jumped the Shark)
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To: Badeye

Besides, what the worst that can happen? An Article 15?


10 posted on 10/15/2010 9:42:54 AM PDT by Little Ray (The Gods of the Copybook Heading, with terror and slaughter return!)
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To: My Favorite Headache

Why did he comply? Was it a Army-issued cell phone? 1st Amendment applies here, imho. He should have refused the “order”, which should never have been given. the officer should be disciplined.


11 posted on 10/15/2010 9:43:30 AM PDT by montag813 (http://www.facebook.com/StandWithArizona)
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To: Badeye

Surely there was a follow-up question. Tell me that the witness was asked “Did Sgt X say why you were to erase the video? And if so, what did he say?” Either this question was asked and not reported, in which case the reporter is a blockhead, or it wasn’t, in which case the lawyer is.


12 posted on 10/15/2010 9:43:43 AM PDT by Clioman
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To: My Favorite Headache

BTW, I believe that was an illegal order. Officers and NCOs have no charge over privately held property of enlisted soldiers. Just sayin.


13 posted on 10/15/2010 9:44:17 AM PDT by equalitybeforethelaw
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To: My Favorite Headache
Sneakyman Inc. is being exposed by the very technology they help create.
14 posted on 10/15/2010 9:45:43 AM PDT by yesca (..belief is the enemy)
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To: My Favorite Headache

Since when can noncomms issue legal orders?


15 posted on 10/15/2010 9:47:34 AM PDT by FrankR (You are only obligated to obama to the extent you accept his handouts.)
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To: Badeye

It seems to me that tampering with or destroying evidence of a crime is usually considered a crime in itself.

An order to commit a crime would seem to be an unlawful order.

IANAL


16 posted on 10/15/2010 9:47:39 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: My Favorite Headache
Hasan was with Obama.

“Army Major (Hasan) Played Role in Presidential (Obama) Transition”

Hasan and his protectors are with al Qaeda.

Hasan's protectors helped him rise, "educate", have seminars,
murder, commit treason and support jihad. (The new DADT?)


17 posted on 10/15/2010 9:48:09 AM PDT by Diogenesis ('Freedom is the light of all sentient beings.' - Optimus Prime)
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To: My Favorite Headache
I could understand confiscating it and handing it to the MPs, but ordering deleted is destruction of evidence of a crime. Stupid on every level.

was ordered by an officer to delete both videos, a military court heard Friday.

Odd wording. I know the official term for ranks E-4 and above is "non-commissioned officer", but usually officer by itself refers only to commissioned officers of rank O-1 and above.

18 posted on 10/15/2010 9:48:17 AM PDT by KarlInOhio (Grblb blabt unt mipt speeb!! Oot piffoo blaboo...)
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To: My Favorite Headache
The footage could have been vital evidence at the military hearing to decide if Maj. Nidal Hasan should stand trial in the shootings.

Which is exactly the reason the non com gave the order. But...from whom did he receive his orders from?

19 posted on 10/15/2010 9:48:43 AM PDT by Bloody Sam Roberts ("Give me a secret. Bring me a sign. Give me a reason to walk through fire.")
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To: ArrogantBustard

That’s what I am thinking too.


20 posted on 10/15/2010 9:49:01 AM PDT by Ptarmigan (God Hates Bunnies.)
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To: earlJam
Every cell phone is now a video camera. How could they prohibit videos?

They can't. Which is most places these days prohibit unauthorized photographing.

21 posted on 10/15/2010 9:50:57 AM PDT by Bloody Sam Roberts ("Give me a secret. Bring me a sign. Give me a reason to walk through fire.")
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To: Nachum

“High up the food chain did this order go?”

Good question. I don’t know the USCMJ at all, but in most jurisdictions this would constitute an intentional destruction of evidence, which is usually a felony.

I would be very surprised if it is not in this case as well.


22 posted on 10/15/2010 9:51:55 AM PDT by Psalm 144
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To: My Favorite Headache
It is illegal to destroy evidence, and was therefore an illegal order.
23 posted on 10/15/2010 9:52:06 AM PDT by Carry_Okie (The environment is too complex and too important to manage by central planning.)
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To: wilco200
Post it to youtube, send it to friendly media sources, back it up to flash drive, put it in a safe deposit box.....then delete it.

That was my thought but after all that THEN offer it to the officer so he can be sure of orders being followed by deleting it himself.

24 posted on 10/15/2010 9:52:29 AM PDT by bgill (K Parliament- how could a young man born in Kenya who is not even a native American become the POTUS)
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To: My Favorite Headache

Well, this is certainly troubling.

On the other hand, there must have been several hundred witnesses to what happened. Are they saying they need a video to convict a multiple murderer who shot his victims before numerous witnesses?


25 posted on 10/15/2010 9:53:35 AM PDT by Cicero (Marcus Tullius.)
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To: KarlInOhio

This is the Associated Press, in which a frigate may be referred to as a “battleship”, and a B2 may be referred to as a “fighter”.

They are idiots, and 99.99% of them have never served a day in the military.


26 posted on 10/15/2010 9:55:10 AM PDT by rlmorel ("Freedom has ceased to be a birthright; it has come to mean whatever we are still permitted to do.")
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To: Cicero
The video could show things that people didn't recognize at the time. For example, the order he shot people in, where he got his weapons and even the participation of an accomplice. I'm not saying that any of those mattered, but there is no way the sergeant who ordered the deletion of the video could have known if it would have been useful.
27 posted on 10/15/2010 9:58:01 AM PDT by KarlInOhio (Grblb blabt unt mipt speeb!! Oot piffoo blaboo...)
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To: montag813

“1st Amendment applies here”

Does it? I’m not sure. I hope someone with a military legal background would comment as to what rights one gives up when they join the military.


28 posted on 10/15/2010 9:58:18 AM PDT by cowtowney
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To: Clioman

The question would have been properly objected to as calling for hearsay.


29 posted on 10/15/2010 9:58:43 AM PDT by Mr. Lucky
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To: equalitybeforethelaw

It’s also an order to destroy evidence. Surely that’s not a lawful order.


30 posted on 10/15/2010 9:58:54 AM PDT by Doctor 2Brains
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To: Carry_Okie

Does this also mean the person who gave the order is guilty of obstruction of justice?

I really want to know where this order came from. Did it come from Obama and Holder? Obama has his fingerprints all over anything having to do with soft treatment of terrorists, even aiding and abetting them (like leaving the border wide open for them to walk in)


31 posted on 10/15/2010 10:01:01 AM PDT by justsaynomore (We've got some altering and abolishing to do! - H. Cain)
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To: My Favorite Headache
Investigate right up the chaon of command to see where the order originated.Make the buck stop where it should.

Secondly, if the video was ordered destroyed, then the assumption should be that the accused did indeed do the murdering,we have enoughlive witnesses to that effect. Death penalty should definitely be sought.

32 posted on 10/15/2010 10:01:30 AM PDT by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: My Favorite Headache

Probably policy after the prison fiasco in Iraq.


33 posted on 10/15/2010 10:01:36 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: My Favorite Headache
Prosecutors have not said whether they'll seek the death penalty if the case goes to trial.

Something is seriously wrong with the way this is written.

34 posted on 10/15/2010 10:02:57 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: FrankR

Noncommissioned Officers have always been able to issue lawful orders.


35 posted on 10/15/2010 10:03:58 AM PDT by Jackson57
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To: Carling

See, that’s the mistake all the witnesses made - they said he was yelling “Allahu Akbar!”, proving this was an Islamic Jihad incident.

Actually, there was a LONG line at the commissary, and the guy snapped. He was actually yelling

“all a’ you at the snack bar!”.

It had nothing to do with Islam at all - just a long wait.


36 posted on 10/15/2010 10:03:58 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: justsaynomore
Does this also mean the person who gave the order is guilty of obstruction of justice?

From what I can discern, yes it does.

37 posted on 10/15/2010 10:04:30 AM PDT by Carry_Okie (The environment is too complex and too important to manage by central planning.)
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To: My Favorite Headache

Wow, just wow.


38 posted on 10/15/2010 10:04:44 AM PDT by Freddd (CNN is down to Three Hundred Thousand viewers. But they worked for it.)
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To: My Favorite Headache
charged with 13 counts of premeditated murder

I posted this on another thread a couple of days ago. Here again is a case of some are more equal than others.

If you are Scott Peterson you are charged with murder in the first degree for the pregnant woman and murder in the second degree for the unborn child.

If you are a soldier of allah, such as Nidal Malik Hasan, hiding out in the US Army awaiting an opportunity to commit islamic jihad, then the unborn child of the pregnant woman who was murdered is never mentioned and he is only charged with massacring 13 people instead of 14.

39 posted on 10/15/2010 10:07:35 AM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: montag813

Everyone knows that the 1st Ammendment doesn’t apply to the military...


40 posted on 10/15/2010 10:09:27 AM PDT by Beaten Valve
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To: montag813

Right. Illegal order. He should have refused to obey. Since he did NOT refuse to obey, he should be prosecuted for destroying evidence, and the non-com for conspiracy to destroy evidence.


41 posted on 10/15/2010 10:09:32 AM PDT by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: Badeye

Most junior military members do not question orders unless they are clearly illegal.

They are taught to follow orders.


42 posted on 10/15/2010 10:10:19 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: My Favorite Headache
deadly shooting rampage in Fort Hood

This was not just a "deadly shooting rampage" -- the massacre was commited by a soldier in the United States Military against fellow soldiers. TREASON is what it was and he should be tried as such.

The Fort Hood massacre was an act of jihad on American soil at a military base while yelling allah akbar, for God's sake! There should have been continuous outrage about this POS sine 11-9-09! What the hell is the matter with people?

Photobucket

43 posted on 10/15/2010 10:14:49 AM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: ichabod1

“Since he did NOT refuse to obey, he should be prosecuted for destroying evidence,”

You’re an idiot.


44 posted on 10/15/2010 10:15:03 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: My Favorite Headache
I'm not exactly a wiz in things technological, but couldn't he have transferred the video to friends or YouTube or something before letting the higher-ups know about it?
45 posted on 10/15/2010 10:17:05 AM PDT by MichaelCorleone
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To: driftdiver

HEY! You’re Being OFfensife With ME. YU cant say that! your being offenssive with me!!~!~!!~~*()*)!


46 posted on 10/15/2010 10:18:01 AM PDT by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: Doctor 2Brains
It’s also an order to destroy evidence. Surely that’s not a lawful order.

Any order from someone above you in your chain of command is presumptively lawful. Don't expect some kid E-2 to be a lawyer, the one thing he'll understand in a situation like that is that disobeying a lawful order gets you in a lot more trouble than obeying an unlawful one does.

47 posted on 10/15/2010 10:20:42 AM PDT by Grut
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To: My Favorite Headache
This is what we'll eventually hear,
" The video was asked to be deleted in consideration of the victims, their families and the family of the alleged perp. " blah blah blah
48 posted on 10/15/2010 10:22:51 AM PDT by ▀udda▀udd (7 days - 7 ways Guero >>> with a floating, shifting, ever changing persona.....)
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To: Cicero
On the other hand, there must have been several hundred witnesses to what happened.

Exactly, they don't need no stinking video when there are many eyewitnesses! Unfreakingbelievabe!

49 posted on 10/15/2010 10:26:22 AM PDT by Just A Nobody ( (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA))
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To: ichabod1

Have you ever been in the military?

Troops are trained to follow orders. Especially junior troops. If they start questioning every order people will die and the mission will fail.

There are many reasons this kid did what he was ordered to do. None of which are reasons to prosecute him.

Unless you’d like to throw away another career to get a guilty verdict that is essentially guaranteed.


50 posted on 10/15/2010 10:27:55 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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