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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: 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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To: dennisw

Cooked up by an Obama-tron judge and prosecution to delay his trial past the election so as not to embarrass the Obama Admin


51 posted on 12/04/2012 7:03:10 AM PST by dennisw (With age comes wisdom.)
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To: KarlInOhio

“Oh, Sir, I couldn’t possibly fit him in until next Tuesday!” - one of my favorite “Blazing Saddles” scenes.


52 posted on 12/04/2012 7:10:56 AM PST by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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To: DeaconBenjamin

suggest he be hung from his beard until dead.


53 posted on 12/04/2012 7:16:20 AM PST by Tugo (Sojourner)
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To: DeaconBenjamin
Here is the United States Court of Appeals for the Armed Forces opinion. This opinion by the United States Court of Appeals for the Armed Forces judges, James E. Baker, Charles E. “Chip” Erdmann, Scott W. Stucky and Margaret A. Ryan, has given aid and comfort to the enemy, in the same way as all actions that have allowed Traitor Hasan to so far remain unconvicted.
54 posted on 12/04/2012 7:17:04 AM PST by Carl Vehse
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To: DeaconBenjamin

Shave it; kill it.


55 posted on 12/04/2012 7:17:54 AM PST by Carriage Hill (Don't whiz on the electric fence. Awwwww-yeah!)
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To: jboot
Why else has it been dragged out like this?

He's never going on trial because: one, this president's policy is clearly to tell as many lies as necessary to not have to admit that Al Qaeda can still successfully commit a terrorist attack against us and: two, the government doesn't want to have to pay the victims' families the hundreds of millions, if not billions, of dollars they should have to pay as a result of their complete and total negligence and incompetence regarding this jackass (all the warning signs they had and ignored due to their insane political correctness).

56 posted on 12/04/2012 7:18:09 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
The inmates appear to be winning.

Now that Baraq Hussein mohammed 0bama has "more flexibility", expect more and more cases where muzzies get special treatment.

57 posted on 12/04/2012 7:30:46 AM PST by The Sons of Liberty ( Fast and Furious , Benghazi - What's 0bama's current body count?)
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To: DeaconBenjamin
This is effin' stupid to the max. Somebody...anybody, put a bullet in the head of this muslim bastard.Everyone knows he committed this heinous crime.

FMCDH(BITS)

58 posted on 12/04/2012 7:49:21 AM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: DeaconBenjamin

I propose a compromise: let him keep his beard on the condition that his head is seperated from his body.


59 posted on 12/04/2012 8:38:24 AM PST by patriotsblood
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To: HiTech RedNeck
LOL! I have no sympathy either. As far as I’m concerned, the cops/MPs should have shot him on the scene the second he was identified him as the shooter.
60 posted on 12/04/2012 9:42:41 AM PST by MamaTexan (It is impossible to follow the Original Intent of the Constitution and NOT acknowledge secession)
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