Skip to comments.Judge bans Fort Hood suspect’s ‘protecting Taliban’ defense strategy
Posted on 06/14/2013 3:24:35 PM PDT by jazusamo
FORT HOOD, Texas A uniformed Army psychiatrist had no justification for gunning down U.S. troops and wont be allowed to tell jurors that he was protecting Taliban leaders in Afghanistan, a military judge ruled Friday, appearing to clear the way for the Fort Hood murder trial to begin.
Maj. Nidal Hasans defense of others strategy fails as a matter of law, Col. Tara Osborn said during a 45-minute hearing. That strategy must show that a killing was necessary to prevent the immediate harm or death of others.
Osborn said no soldiers at the Texas Army post on Nov. 5, 2009, posed an imminent threat to anyone in Afghanistan and that the legitimacy of the Afghanistan war is not an issue at Hasans court-martial. She also ordered that Hasan not present any evidence or arguments about his claims that deploying U.S. troops posed an immediate threat to Taliban fighters.
(Excerpt) Read more at washingtontimes.com ...
God forbid that a court would deign to hear the truth.
Just to be a contrarian here, why isn’t this guy dead yet? Seriously! How many murders and witnesses to them must there be for justice to be swift, fare, and final?
Works to the traitor’s favor.
Stops him from stating that his entire motivation was to fight for the Taliban against the US.
And this is not a terrorist? Workplace violence my A$$!
He should have been dead on the day this took place, I still don’t know why he was allowed to live.
Judge doesn’t want the Islamist to ruin his own case.
The government has a vested interested in denying this was a terrorist act.
This terrorist and murderer does not believe he falls under U.S. or UCMJ Law. His law is Sharia Law, and he will get up on his Islamonazi soapbox and turn this court martial into a mockery of our system. After nearly 4, yes FOUR years, he is just going to trial!?!?!?!? What law is this? Where is U.S. Justice for the victims, military standards, common decency!?!?!?!?!? Our government has permitted this ordeal to become a circus!!!!!!
If he was to be allowed to say he was defending the Taliban then it WOULD be terrorism and an act of war. The judge is helping Obama.
Well said, that's the way I see it.
I wish it was that easy. His first appeal will be that he did not have adequate counsel.
islamics are so protected that they can’t even be allowed to confess their jihad now.
So, is Nassan a Jihadi or not?
That’s what the SOB believes so let him say it!
What’s the matter?
Scared it will turn out to something besides workplace violence?
Hasan. That whole Hussein thing drives me nutz.
Did the judge order that his beard by hacked off with a dull knife, yet?
Meet the next Attorney General of the United States.
He should be executed in the Islamo-fascist manner that he embraces, either a slow strangulation hanging, or a slow beheading, Daniel Berg-style.
Look at the families we have barely able to make ends meet, and this guy will eat away at millions of dollars to game our system of justice.
I just want him dead. I don’t much care how he gets there.
Where’s Jack Bauer when you need him?
The judge and obama are going allah’s work.
“Give him Judge Roy Bean Justice”
Give him the Judge Crater treatment. Gone without a trace.
He can still take the stand and admit to what he did and why he did it if he wants.
Bottom line is it doesn't matter because the Army's case is overwhelming, there were so many witnesses.
He planned to, then killed a bunch of people for his god and his ideology, because he wanted to.
He likely derived pleasure for his acts of murder and terror on behalf of his causes and likely is enjoying prolonging this show trial for similar reasons.
All he is good for now is whatever public justice our system can wring out of him.
Send him to the final Judge and be done with it and him.
“He should have been dead on the day this took place, I still dont know why he was allowed to live.”
He was shot, multiple times I believe. He was given top-notch medical care and survived so he can have this circus trial, then hopefully, we will get to kill him.
Yeah, he was just having a bad hair day that day. Move along. Nothing to see.
He is still collecting a paycheck of American tax payer dollars, the families of the murdered and injured cannot collect for damaged and health care because it is classified as work place violence. This is how THIS government feels about its service men and women
In a narrow sense, perhaps, but in a broader sense there is more than Hasan on trial. An unsuccessful defense based on the murderous tenets of islam would have a chilling effect on some future jihadists (spell check wanted to correct that to "sadists"!) and establish a cultural limit on that 'up with which we will not put'.
Repudiating islam as an excuse for mass murder has its own value, wouldn't you agree?
Or are you really afraid the court could find that it actually is?
By using that as his defense, wouldn’t he be admitting to committing treason?
Banning a defense strategy???
Really? I’m not allowed to any defense strategy I want? Really? I was unaware of this.
So the state dictates what you can offer as mitigation? I thought that is what juries are for.
Let me guess, he will be forced to use the “workplace violence” defense.
jazusamo wrote: “He should have been dead on the day this took place, I still dont know why he was allowed to live.”
The ‘first respondent’ was taking fire, and catching bullets, and did her damnedest, returning fire, but was succumbing to her wounds, to hit the heart of that Johnny Jihad. She managed to hit his spine, so give her some slack, please?
that idiot judge !!!! eric holder’s goons are already on their way to arrest him ... led by that pathetic pos who runs the fbi ...
There were many others there and one of them could have stood on Hasan’s throat while they bandaged him up to prevent further trauma.
jazusamo wrote, in response to me:
“I in no way disparaged that brave lady, she did her best.
There were many others there and one of them could have stood on Hasans throat while they bandaged him up to prevent further trauma.”
I give you a nod, a wink, an old man’s utterance of agreement, and, “Wish they’d had!”
Amen to that and thanks my FRiend!
I don’t follow your question.
Are you afraid that the court would find that jihad is an acceptable defense against a murder charge?
Absolutely not. That’s absurd.
So is spying on every single American’s phone calls, while specifically excluding mosques.
If you aren’t the slightest concerned that the jihad inspired murder defense will work, what harm comes from putting islam on trial?
It was the driving force behind the attacks.
Under American law some issues are jury issues and some issues are judge issues. Whether something could, if proved, be a defense is a judge issue. If the judge rules something is a legally recognized defense, such as self-defense, then it is up to the jury to decide if the facts support the defense. Here, the judge ruled what Hasan proposed to prove is not, as a matter of law, a defense.
1) Islam requires its adherents to murder non-muslims.
2) That is not a legal defense.
3) Islam is a murderous suicide cult, an active, terrorism promoting, organized crime ring and an hostile political organization masquerading as a legitimate religion.
A quiet ruling, with no airing in open court and avoiding months of lively public discussion suffices.
I want Hasan hanged or shot, and I want that foul cult he loves exposed rooted out and burned.
You seem to be content if that little green leaf, Hasan, is plucked from the tip of a distant tendril, and the strangling vines it grew from remain fully intact and unexamined, as long as all the pro-forma minutia of the law are followed.
It's not allah 'bout Hasan. The root cause desperately needs to be addressed.
I don't know why you ascribe motives to me that I do not have. I have supported a global war on Islamic terror since 9-11. I am not one of the people dismantling that effort and I did not vote for them. I disagree with the Administration's refusal to label Hasan's murders an act of terrorism, which deprives victims and their families of compensation they should be entitled to. Your beef isn't with me or the presiding judge.
Please do not read me as saying you are supporting islam in any way shape or form! I recognize your interests and integrity in preserving the narrow scope of US law. In this case, I merely am seeing it differently than you do. The judge is not putting islam on trial, the defendant is.
I think the judge should allow Mr Hassan to damn all ummah in this trial. When your enemy is self-destructing, you shouldn’t stop them, you should at worst get out of the way, and at best aid them!
And when there are activist judges on the left, if you (not you personally, the generic you as our society) allow that on the left, out of fairness and a sense of survival, you should allow it on the right.
IOW, hold the left to their own rules, if they allow activism, they must allow activism!
YMMV, and that’s OK.