Skip to comments.Military judge taken off Ft. Hood shooting case over beard fight
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 ...
The inmates appear to be winning.
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).
Can’t have an Islamic Terrorist prosecuted under the law.
He must be coddled, lest the MB in the mid-East get upset.
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.
I thought this was another thread about Michelle.
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.
Shave it off and feed him high doses of estrogen.
Our pro-islamic dhimmis won out, and gave Hassan a huge victory.
Cowards, Quislings, Traitors, Bastards all.
Looks like O’s protecting his own......
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.
Considering the fact that he is paralyzed, I’m willing to concede a wheelchair ramp and extra-wide trap door on the gallows.
(I was referring to the terrorist, not the judge)
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.
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.
Is he still collecting his salary?
Why is this still going on WTF alert
This nothing more than forcing the American judicial system to accept sharia law, “death by a thousand cuts”. Inch by inch, step by step.
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.
Cite the bill number?
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...
There needs to be a trial within 30 days of arrest, and execution of sentence within 30 days of conviction.
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.
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.
Paralyzed? Did I miss something? Or forget something?
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?
Last I heard, yes he is still getting paid.
This has gone on so long I forgot he was paralyzed. I had to go back to 2009 and re-read the story.
NDAA, Section 1021.
Secure him to the chair, and wheel him into the closest pond. No need to even waste they rope.
If that one, there is debate at the least as to whether it actually means what is claimed.
they rope - the rope.
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.
I’ve always thought that we’ll be able to count on the lawyers to run the ovens efficiently when the time comes...
If habeas can be engineered through the left door of the USSC for Gitmo, this can’t get around it either.
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!!
If he's among the best the system has to offer, no wonder we're in the mess we're in.
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.
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?
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.
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.
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.
There should be no problem with the beard.
Just shoot him above the beard.
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.)
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.
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?