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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
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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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