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The Fort Hood Shooter Can't Dodge the Death Penalty
The Atlantic Wire ^ | March 20, 2013 | Adam Clark Estes

Posted on 03/21/2013 4:26:37 AM PDT by Zakeet

An Army judge in Texas just made a somewhat unconventional ruling in the trial of Fort Hood shooter Maj. Nidal Hasan: She refused to let him plead guilty. Why? It would enable him to avoid execution. Apparently, the Army would not be satisfied to see this alleged mass murderer simply go to jail for a few decades. It appears the prosecution is out for blood.

The situation is a little bit dicey, when you think about it. After Hasan's lawyers made it very clear that Hasan would plead guilty in order to avoid the death penalty, Col. Tara Osborn made it very clear that that wasn't going to happen on Wednesday when she ruled out any guilty pleas. Since it's against Army rules to plead guilty to a capital offense, the defense abandoned its original plan of pleading guilty to 13 counts of premeditated murder and instead asked the court to allow Hasan to plead guilty to 13 counts of unpremeditated murder, a charge that does not carry the death penalty. On Wednesday, the judge said no way since that "would be the functional equivalent of pleading guilty to a capital offense." Ditto to pleading guilty to the 32 counts of attempted premeditated murder. That would complicate a not guilty plea to the murder charges.

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


TOPICS: Foreign Affairs; Government; News/Current Events
KEYWORDS: aidandcomfort; alqaeda; alwaida; domesticterrorism; enemyagent; fifthcolumn; forthood; friendsofobama; islam; military; nidalhasan; nidalhasantrial; traitor; treason; waronterror
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To: KarlInOhio

Death by hanging is what Malik Hasan fears the most. Muzzies believe that the noose around the neck prevents the jihadi’s soul from escaping the body & ascending to paradise, and sentences it to rot in the ground as well.

Anyway, a long, drawn-out trial by court-martial is the only chance that justice will be done for the victims and their family members, as it will force the killing of each victim to be made a matter of record as an individual act of murder.

But as I’ve believed since the massacre happened & the absurd “workplace violence” report was issued, a full-blown court-martial will put Hasan’s entire chain of command on trial clear up to the Secy Army & maybe the POTUS himself. It will also give legal standing to the family members to unleash a blizzard of wrongful death civil suits.

Department of Defense’s best hope is that Hasan dies mysteriously in prison. Problem solved, unter der rug geschwept.


21 posted on 03/21/2013 5:40:40 AM PDT by elcid1970 ("The Second Amendment is more important than Islam.")
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To: Diogenesis

Seen any pics of the Dark Knight shooter lately? He too is now special—a prison convert to Islam now sports a beard and claims those he killed were all infidels(did he check their religious chit? before he pulled the trigger? but the religion protected by our Govt. (Islam) will bite America in the behind before theyare done exacting Jizya.


22 posted on 03/21/2013 5:57:10 AM PDT by StonyBurk (ring)
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To: carriage_hill
Just. Kill. Him.
Public. Hanging.
23 posted on 03/21/2013 6:04:36 AM PDT by oh8eleven (RVN '67-'68)
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To: KarlInOhio

I had forgotten he was shot an paralyzed. Didn’t the LEO who shot him later lose her job?


24 posted on 03/21/2013 6:08:38 AM PDT by ladyjane (For the first time in my life I am not proud of my country.)
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To: Zakeet

Where’s the guy who took care of Dauhmer?

Please pick up the courtesy phone.

Notice how none of our perfumed military princes are outraged by this justice-denied. Speaks volumes.

See tagline for additional illumination.


25 posted on 03/21/2013 6:11:59 AM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: oh8eleven

That’ll work just fine. 4yrs of BS-delays are beyond intolerable for the families of those brave, murdered and wounded US Soldiers.


26 posted on 03/21/2013 6:14:32 AM PDT by Carriage Hill (The Most Insidious Power The Corrupt, Criminal Media Has, Is The Power To Ignore The Truth.)
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To: elcid1970

The government uses lethal injection now, not hanging.


27 posted on 03/21/2013 6:15:33 AM PDT by DoodleDawg
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To: exit82
Notice how none of our perfumed military princes are outraged by this justice-denied. Speaks volumes.

The flip side is that a general going on a rant about hanging him like we do could screw up the prosecution or provide an excuse for appeal, so I would expect both the real generals and the perfumed princes to remain silent on this. Although there might be blood from the real generals' mouths from having to bite their tongues.

28 posted on 03/21/2013 6:18:00 AM PDT by KarlInOhio (Choose one: the yellow and black flag of the Tea Party or the white flag of the Republican Party.)
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To: carriage_hill
I’ll do it for N/C w/ a 230gr .45cal ACP, at my own expense.

Too quick, too painless. I've seen scaphism referred to here on FR several times in the past. I think it would do nicely in this situation.

29 posted on 03/21/2013 6:19:48 AM PDT by IYAS9YAS
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To: DoodleDawg
The government uses lethal injection now, not hanging.

So what does the Koran say about death by poison? Hopefully it's on the same level as eaten by pigs.

30 posted on 03/21/2013 6:21:19 AM PDT by KarlInOhio (Choose one: the yellow and black flag of the Tea Party or the white flag of the Republican Party.)
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To: Texas Fossil
But remember, if the federal government wants the job done quickly they can. Example: McVeigh.

McVeigh was caucasian, male. Big difference.

Had he been black and/or muzzie, he would still be in the appellate process.

31 posted on 03/21/2013 6:24:33 AM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: IYAS9YAS

More appropriate; you’re right. But with a single shot, it’s over and the commie ACLU etc can’t do squat. Besides, that POS ain’t getting 72 raisins/virgins, or whatever; he’s getting the same river/lake of burning sulfur in hell that Chavez etc is going thru for all eternity.


32 posted on 03/21/2013 6:28:58 AM PDT by Carriage Hill (The Most Insidious Power The Corrupt, Criminal Media Has, Is The Power To Ignore The Truth.)
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To: elcid1970

I did not know that. Perhaps that’s why Saddam Hussein was so adamant about getting a firing squad instead of his ultimate destiny: swinging from the end of a rope. Sweet Dreams, Pres. Saddam.


33 posted on 03/21/2013 6:31:58 AM PDT by Ax
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To: Zakeet

A plea of unpremeditated murder would not fit the crime.

Clearly this crime was premeditated. He thought about it, planned for it, and had his reasons for it.


34 posted on 03/21/2013 6:36:50 AM PDT by Haiku Guy (If you have a right / To the service I provide / I must be your slave)
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To: a fool in paradise

Hasan’s pay will come to an end after his conviction. But since his arrest, he has collected well over $250,000 in pay from the U.S. Army. As to retirement benefits, I wouldn’t worry about that; even if he escapes the death penalty, Hasan will be dismissesd from service as part of his conviction (the officer equivalent of a bad conduct discharge). So, if he ever regains his freedom, he won’t have an Army pension check to fall back on.

It is worth noting that some officers have dodged the dismissal bullet in non-capital offense cases. In the most infamous example, Air Force Colonel Michael Murphy, director of the Air Force Legal Operations Agency, was found guilty on various counts related to his lack of a law license during much of his Air Force career.

However, a military judge determined that since the White House (where Murphy once served) refused to release details of his service, the defense team could not present the “good airman defense.” Consequently, Murphy could not be sent to jail or dismissed from service, even if convicted. As a result, Murphy retired from the Air Force as a 1st Lieutenant, the last grade at which he served “honorably.”

In a second outrageous example, another Air Force Colonel was convicted (back in the early 90s) on charges stemming from his organization of a swinger’s club. At his courts-martial, it was revealed that the Colonel organized orgies at his home and other locations. His many “lovers” included a male NCO in his command; a female SSgt that worked for him, and a female officer as well. Apparently, the missus had no problem with his recreational activities, since she was a participant as well.

Cutting to the chase, the Colonel was convicted on various fraternization and adultery charges and sentenced to one year at hard labor at Leavenworth. But since his sentence did not include “dismissal from service,” he emerged from the disciplinary barracks with pension and full retirement benefits. Twenty years later, he is running a major non-profit in a southwestern city, with an annual salary well north of $300,000 a year.

Hasan’s conviction is a slam dunk, and hopefuly, th judge will order some form of restitution. But as you probably know, offenders virtually never make any payments to the victims and their families. Hasan lived very frugally before the attack, so he probably has quite a bit of money stashed away. But the odds of any of it going to his victims are virtually zero.

And, as you observe, the senior Army leaders who ignored the obvious warning signs were allowed to continue their careers or retire with full benefits. It’s how the feds operate. How many intel officials were held accountable afer 9-11? Zero. How many Fannie and Freddie executives were sent to jail for their role in the sub-prime housing collapse that triggered the Great Recession? Zero. And more recently, how many Obama officials are facing sanctions for Benghazi? See a pattern?


35 posted on 03/21/2013 6:39:06 AM PDT by ExNewsExSpook
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To: Texas Fossil

McVeigh waived his appeals, as I recall.


36 posted on 03/21/2013 6:59:55 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: DuncanWaring

Thanks for that info. Seems I remember that after you reminded me.

The Ft. Hood Muzzie will not do that. There is something very wrong with a legal system that shelters that vermin. I know the rules must fit every case, but this is a clear in our face insult.


37 posted on 03/21/2013 7:09:56 AM PDT by Texas Fossil
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To: Graybeard58

Yep, you’re probably right. Some animals are more equal than others.


38 posted on 03/21/2013 7:15:40 AM PDT by Texas Fossil
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To: Zakeet

The Army death penalty is meaningless, because it is never carried out. If the Army is serious about him meeting his maker, they will just give him a normal criminal sentence—then turn him over to the state of Texas for a trial over the Texas civilians he killed.

Anyone doubt that Texas would execute him?


39 posted on 03/21/2013 7:34:03 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: KarlInOhio

40 posted on 03/21/2013 7:37:36 AM PDT by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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