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Military judge taken off Ft. Hood shooting case over beard fight
LA Times ^ | December 3, 2012, 6:45 p.m. | By Matt Pearce

Posted on 12/04/2012 5:12:12 AM PST by DeaconBenjamin

A military judge's "duel of wills" with Maj. Nidal Malik Hasan over whether Hasan would have to shave made the judge appear biased, requiring his removal from the case, a military appeals court ruled Monday.

Hasan, 42, is accused of killing of 13 people and wounding 32 others in a rampage at Ft. Hood, Texas, on Nov. 5, 2009.

Hasan, who is Muslim, said that he had grown the beard for religious reasons and that it was protected under freedom of religious expression.

Military prosecutors disagreed, as did the judge, Col. Gregory Gross, who ruled that the beard violated the military dress code. Gross held Hasan in contempt of court for refusing to shave, ordered him removed from the courtroom, and ultimately ordered that his beard be forcibly shaved.

Hasan appealed to the U.S. Court of Appeals for the Armed Forces. The appeals court ruled that military command, not a military judge, has responsibility for grooming standards, and that Gross could no longer convincingly appear to be unbiased in handling Hasan's case.

Gross' order to shave Hasan's beard -- and the six counts of contempt he issued to Hasan -- were wiped out by the appellate court's ruling.

"Although the military judge here stated that [Hasan's] beard was a 'disruption,' there was insufficient evidence on this record to demonstrate that [Hasan's] beard materially interfered with the proceedings," the unsigned ruling said.

"Taken together," the ruling continued, "the decision to remove [Hasan] from the courtroom, the contempt citations and the decision to order [Hasan's] forcible shaving in the absence of any command action to do the same could leave an objective observer to conclude that the military judge was not impartial."

(Excerpt) Read more at latimes.com ...


TOPICS: Crime/Corruption; Government; War on Terror
KEYWORDS:
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1 posted on 12/04/2012 5:12:18 AM PST by DeaconBenjamin
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To: DeaconBenjamin

The inmates appear to be winning.


2 posted on 12/04/2012 5:14:11 AM PST by BuffaloJack (Children, pets, and slaves get taken care of. Free Men take care of themselves.)
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To: DeaconBenjamin

Why hasn’t Hasan been tried and executed yet? Get on with it. Just make sure that his beard doesn’t serve as a justification for a later dismissal or retrial (you can’t hang me because I was out of uniform during the trial so it doesn’t count).


3 posted on 12/04/2012 5:17:20 AM PST by KarlInOhio (Big Bird is a brood parasite: laid in our nest 43 years ago and we are still feeding him.)
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To: DeaconBenjamin

Can’t have an Islamic Terrorist prosecuted under the law.

He must be coddled, lest the MB in the mid-East get upset.


4 posted on 12/04/2012 5:18:01 AM PST by G Larry (Which of Obama's policies do you think I'd support if he were white?)
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To: BuffaloJack

Isn’t that the truth - requiring a member of the armed forces to adhere to grooming standards works everywhere except in a court where he is accused of murdering numerous individuals.


5 posted on 12/04/2012 5:18:09 AM PST by Ken522
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To: DeaconBenjamin

Beard fight?

I thought this was another thread about Michelle.

Nevermind.


6 posted on 12/04/2012 5:19:45 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: DeaconBenjamin
"Did you shoot those people?"
"Yes."
"Did you shout 'Allahu Akbar' while shooting them?"
"Yes."
"Did you grow this beard as a sign of your continued adherence to Islam?"
"Yes."
"And how do you plead?"
"Innocent."
"I think we're done here. The jury will now render a verdict."
7 posted on 12/04/2012 5:19:59 AM PST by ClearCase_guy (Global Warming is a religion, and I don't want to be taxed to pay for a faith that is not mine.)
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To: DeaconBenjamin

We used to know what to do in these sorts of situations. All that’s needed is a noose, a hood, a trapdoor, a lever, and the national manhood to use them ... problem solved.


8 posted on 12/04/2012 5:20:08 AM PST by Campion ("Social justice" begins in the womb)
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To: DeaconBenjamin

Shave it off and feed him high doses of estrogen.


9 posted on 12/04/2012 5:20:17 AM PST by Rebelbase
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To: DeaconBenjamin

Our pro-islamic dhimmis won out, and gave Hassan a huge victory.

Cowards, Quislings, Traitors, Bastards all.


10 posted on 12/04/2012 5:20:39 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: BuffaloJack

Looks like O’s protecting his own......


11 posted on 12/04/2012 5:22:00 AM PST by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: DeaconBenjamin

Force feed him a last meal of bacon and then put a bullet through his brain.

Get this p.o.s off of our world.


12 posted on 12/04/2012 5:28:37 AM PST by John O (God Save America (Please))
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To: Campion

Considering the fact that he is paralyzed, I’m willing to concede a wheelchair ramp and extra-wide trap door on the gallows.


13 posted on 12/04/2012 5:28:56 AM PST by KarlInOhio (Big Bird is a brood parasite: laid in our nest 43 years ago and we are still feeding him.)
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To: John O

(I was referring to the terrorist, not the judge)


14 posted on 12/04/2012 5:29:33 AM PST by John O (God Save America (Please))
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To: DeaconBenjamin
I believe clean shaven is part of the military dress code, BUT since this POS got a waiver for his beard for years because of 'religious reasons', the judge really had no legitimate authority to force him to shave for the trial.

IMHO, it was a stalling tactic by the judge, whether he did so on his own or was 'instructed' to do so by the muslim-in-chief

Ironic that the same 'religious reasons' that allowed him to join the armed forces in the name of diversity and let him keep his beard were the same ones used as his motive for murder.

15 posted on 12/04/2012 5:34:56 AM PST by MamaTexan (It is impossible to follow the Original Intent of the Constitution and NOT acknowledge secession)
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To: DeaconBenjamin
This whole beard issue is making a mockery of the military justice system - scratch that - the justice system in America, period. This monster killed those who put their lives on the line to defend our freedoms and defend the very rights this a-hole is abusing. There's no doubt of his guilt, just kill him in a very public way and be done with it.
16 posted on 12/04/2012 5:36:06 AM PST by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: DeaconBenjamin
Hasan ... in a rampage at Ft. Hood, Texas, on Nov. 5, 2009.
That's over THREE years ago. By contrast - in June of 1942, eight Nazi spies were were captured in the USA.
In less than 90 days, six had been convicted and executed - and they had killed no one.
Where is justice? Where is the outrage?
17 posted on 12/04/2012 5:40:22 AM PST by oh8eleven (RVN '67-'68)
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To: KarlInOhio
Why hasn’t Hasan been tried and executed yet? Get on with it. Just make sure that his beard doesn’t serve as a justification for a later dismissal or retrial (you can’t hang me because I was out of uniform during the trial so it doesn’t count).

Hasan is never going to be put on trial. He's going to be held for the rest of the life until he dies of natural causes or "accidentally".

It got almost no media attention, but Congress and the president quietly passed a law within the last year or so that permits American citizens to be held indefinitely without trial, and this law was very specifically passed for him.

18 posted on 12/04/2012 5:42:51 AM PST by jpl (The government spent another half a million bucks in the time it just took you to read this tagline.)
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To: BuffaloJack

Is he still collecting his salary?


19 posted on 12/04/2012 5:51:23 AM PST by Josephat
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To: DeaconBenjamin

Why is this still going on WTF alert


20 posted on 12/04/2012 5:51:54 AM PST by CGASMIA68
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To: DeaconBenjamin

This nothing more than forcing the American judicial system to accept sharia law, “death by a thousand cuts”. Inch by inch, step by step.


21 posted on 12/04/2012 5:52:16 AM PST by vet7279
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To: MamaTexan

Not that anyone here particularly sympathizes, but that might be a point, why does it cease to get an official pass at the trial when it got an official pass before the commission of the crime of which he was accused.


22 posted on 12/04/2012 5:57:18 AM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: jpl

Cite the bill number?


23 posted on 12/04/2012 5:58:28 AM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: DeaconBenjamin

You think this is a party?

Wait until the Gitmo bus pulls up in front of a courthouse IN THE USA.

Bring your own barf bags...


24 posted on 12/04/2012 5:58:35 AM PST by moovova
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To: DeaconBenjamin

There needs to be a trial within 30 days of arrest, and execution of sentence within 30 days of conviction.


25 posted on 12/04/2012 5:59:02 AM PST by PieterCasparzen (We have to fix things ourselves)
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To: DeaconBenjamin

I think this is one case we should ignore the military dress code and try him with the beard. After the trial, take his muslime ass outside, cover him with bacon grease and send a few 30 caliber rounds into him.


26 posted on 12/04/2012 6:00:09 AM PST by Arrowhead1952 (0 bummer inherited a worse economy in 2012 than he did in 2008.)
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To: Arrowhead1952

It already got “ignored.” This is an unfortunate distraction. Maybe this is legal rope a dope by his defense team, which jolly well knows it could directly ask the question of why the beard accommodation ceased to apply once he was placed on trial, but would rather bait the judge into doing something that will get slapped down from above — it’s better optics from their point of view.


27 posted on 12/04/2012 6:06:20 AM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: KarlInOhio

Paralyzed? Did I miss something? Or forget something?


28 posted on 12/04/2012 6:07:36 AM PST by albie
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To: MamaTexan

I;m confused. Pictures of Hasan that I have seen show him clean shaven. This is the first mention of him having a waiver that I have heard. Is there documentation of such a waiver that you can point to for me?

Thanks.


29 posted on 12/04/2012 6:08:38 AM PST by MortMan (I will be true to my principles.)
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To: Josephat
Is he still collecting his salary?

Last I heard, yes he is still getting paid.

30 posted on 12/04/2012 6:09:37 AM PST by Arrowhead1952 (0 bummer inherited a worse economy in 2012 than he did in 2008.)
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To: KarlInOhio

This has gone on so long I forgot he was paralyzed. I had to go back to 2009 and re-read the story.


31 posted on 12/04/2012 6:10:33 AM PST by albie
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To: HiTech RedNeck

NDAA, Section 1021.

http://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012


32 posted on 12/04/2012 6:14:03 AM PST by ExGeeEye (I'll give y'all 90 days for the wounds to heal; then we start on 2014. Carpe GOP!)
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To: KarlInOhio
I’m willing to concede a wheelchair ramp and extra-wide trap door on the gallows.

Secure him to the chair, and wheel him into the closest pond. No need to even waste they rope.

33 posted on 12/04/2012 6:16:20 AM PST by IYAS9YAS (Rose, there's a Messerschmitt in the kitchen. Clean it up, will ya?)
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To: ExGeeEye

If that one, there is debate at the least as to whether it actually means what is claimed.


34 posted on 12/04/2012 6:16:29 AM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: IYAS9YAS

they rope - the rope.


35 posted on 12/04/2012 6:17:00 AM PST by IYAS9YAS (Rose, there's a Messerschmitt in the kitchen. Clean it up, will ya?)
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To: ExGeeEye
Yes, that was indeed the act.

In the last few days Congress has been making a little dog and pony show about rescinding these powers. Of course it's all nothing but standard political kabuki theater.

36 posted on 12/04/2012 6:18:29 AM PST by jpl (The government spent another half a million bucks in the time it just took you to read this tagline.)
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To: DeaconBenjamin

I’ve always thought that we’ll be able to count on the lawyers to run the ovens efficiently when the time comes...


37 posted on 12/04/2012 6:21:34 AM PST by Empire_of_Liberty
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To: jpl

If habeas can be engineered through the left door of the USSC for Gitmo, this can’t get around it either.


38 posted on 12/04/2012 6:25:42 AM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: ClearCase_guy
"Did you grow this beard as a sign of your continued adherence to Islam?" "Yes." "And how do you plead?" "Innocent." "I think we're done here. The jury will now render a verdict."
...And the jury proclaimed him innocent because he was simply misguided. Best to shoot these jerks rather than take them into custody.
39 posted on 12/04/2012 6:29:01 AM PST by ThePatriotsFlag (...and to the Republic for which it STOOD...)
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To: DeaconBenjamin

Today’s military leadership makes me shake my head in shame. They are liberal, butt kissing, looking for promotion, do not care about the troops, lying, buttholes. They make me sick to my stomach. These days I tell any kid looking at the military to go in for 3 years, get some type of training in a job that you can use on the outside, and get the heck OUT. The government lied to us for 30 years and there is no way they will keep any promises to any of these kids. They are liars. EVERY STINKING ONE OF THEM!!


40 posted on 12/04/2012 6:34:21 AM PST by RetiredArmy (1 Cor 15: 50-54 & 1 Thess 4: 13-17. That about covers it.)
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To: RetiredArmy
I have to tell you, the fall of General Petraeus was a real shock to me. I thought he was a straight-up old school type man of integrity, and he turned out to be more of the same old same old we see everywhere these days.

If he's among the best the system has to offer, no wonder we're in the mess we're in.

41 posted on 12/04/2012 6:38:38 AM PST by jpl (The government spent another half a million bucks in the time it just took you to read this tagline.)
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To: DeaconBenjamin

Just hold him as an enemy combatant until the WOT is over, the sign of which is that Bush’s “wartime” Patriot Act is repealed.


42 posted on 12/04/2012 6:39:34 AM PST by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: DeaconBenjamin

I think they are trying to construct a scenario where this case isn’t resolved on The One’s watch. Why else has it been dragged out like this?


43 posted on 12/04/2012 6:39:43 AM PST by jboot (This isn't your father's America. Stay safe and keep your powder dry.)
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To: oh8eleven
Where is the outrage?

The sheeple are outraged! about the newest gadget, latest judge on Idol, newest video game, 16 oz pop, Facebook. Most could care less about the Military’s justice or what's really happening to America.

44 posted on 12/04/2012 6:46:59 AM PST by X-spurt (Ted Cruz for President of the Republic of Texas)
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To: jboot

I would make a bet that this Mother Lover will never be executed.

He should be placed in General population in a prison with a large number of Aryan Brotherhood prisoners.


45 posted on 12/04/2012 6:48:00 AM PST by Venturer
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To: DeaconBenjamin

Hang him by his hands. Then cut off 1/4 inch from the bottom of his feet. Lower him down onto pea gravel. Let him hang there for a few days till the pea gravel grows onto his feet.

Remove the ropes and make him walk a mile to another cell.

Repeat till there is nothing left of him.


46 posted on 12/04/2012 6:48:08 AM PST by msrngtp2002 (Just my opinion.)
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To: DeaconBenjamin

There should be no problem with the beard.

Just shoot him above the beard.


47 posted on 12/04/2012 6:54:34 AM PST by Hardraade (http://junipersec.wordpress.com (Vendetta))
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To: DeaconBenjamin

So let me get this straight....some liberal Obamahole has decided that a military judge that requires a military man (well, he’s a muzzie, which means he’s neither military nor a man) to comply with military rules is biased?

CW-II, it’s not only in our future, it’s in our near future.

And when it comes, we all want the address of that Obamahole (and many others.)


48 posted on 12/04/2012 6:55:34 AM PST by Da Coyote
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To: MamaTexan

I do not think that that is true. His offical photos have him clean shaven. Also the photo/video from the day of the shooting do not show a beard.


49 posted on 12/04/2012 6:55:43 AM PST by Ratman83
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To: DeaconBenjamin

Definitely a possibility this beard fight was cooked up to delay his trial past the election. Jihadist filth appear in court every day with their beards intact so why not here?


50 posted on 12/04/2012 7:01:11 AM PST by dennisw (With age comes wisdom.)
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