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Judge bans Fort Hood suspect’s ‘protecting Taliban’ defense strategy
The Washington Times ^ | June 14, 2013 | AP

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 won’t 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 Hasan’s “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 Hasan’s 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 ...


TOPICS: Crime/Corruption; Foreign Affairs; News/Current Events; US: District of Columbia; US: Texas; War on Terror
KEYWORDS: afghanistan; forthood; fthood; hasan; murder; murderer; nidal; nidalhasan; taliban; terrorism
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Lets get on with this, convict him then execute him.
1 posted on 06/14/2013 3:24:35 PM PDT by jazusamo
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To: jazusamo

God forbid that a court would deign to hear the truth.


2 posted on 06/14/2013 3:26:07 PM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: jazusamo

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?


3 posted on 06/14/2013 3:27:09 PM PDT by DoughtyOne (Now playing... [ * * * Manchurian Candidate * * * ], limited engagement, 8 years...)
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To: jazusamo

Works to the traitor’s favor.

Stops him from stating that his entire motivation was to fight for the Taliban against the US.


4 posted on 06/14/2013 3:28:39 PM PDT by Iron Munro (Obama-Ville - Land of The Free Stuff, Home of the Enslaved)
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To: jazusamo

And this is not a terrorist? Workplace violence my A$$!


5 posted on 06/14/2013 3:28:49 PM PDT by chesty_puller (Viet Nam 1970-71 He who shed blood with me shall forever be my brother. Shak.)
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To: DoughtyOne

He should have been dead on the day this took place, I still don’t know why he was allowed to live.


6 posted on 06/14/2013 3:29:28 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: jazusamo

Judge doesn’t want the Islamist to ruin his own case.

The government has a vested interested in denying this was a terrorist act.


7 posted on 06/14/2013 3:30:05 PM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Iron Munro

Which traitor?


8 posted on 06/14/2013 3:30:28 PM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: jazusamo
"A uniformed Army psychiatrist had no justification for gunning down U.S. troops and won’t be allowed to tell jurors that he was protecting Taliban leaders in Afghanistan . . . "

So his "defense" was that he was committing an outright act of Treason in time of War?



Then it’s hi! hi! hey! The Army’s on its way. Count off the cadence loud and strong;
For where’er we go, You will always know That The Army Goes Rolling Along."

9 posted on 06/14/2013 3:31:11 PM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Michael the Archangel defend us in Battle!)
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To: jazusamo

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!!!!!!


10 posted on 06/14/2013 3:31:24 PM PDT by Ranger Warrior ("To stand in silence when they should be protesting makes cowards out of men." - Abraham Lincoln)
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To: chesty_puller

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.


11 posted on 06/14/2013 3:32:47 PM PDT by VerySadAmerican
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To: ConorMacNessa
So his "defense" was that he was committing an outright act of Treason in time of War?

Well said, that's the way I see it.

12 posted on 06/14/2013 3:33:49 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: VerySadAmerican

yup


13 posted on 06/14/2013 3:34:08 PM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: jazusamo

I wish it was that easy. His first appeal will be that he did not have adequate counsel.


14 posted on 06/14/2013 3:35:25 PM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: jazusamo
defense??? hell... it's an ADMISSION OF GUILT!!!
15 posted on 06/14/2013 3:38:13 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: jazusamo
Give him Judge Roy Bean Justice: Trial in the Morning & Hanging in the Afternoon!
16 posted on 06/14/2013 3:39:16 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: jazusamo

islamics are so protected that they can’t even be allowed to confess their jihad now.


17 posted on 06/14/2013 3:40:27 PM PDT by Monty22002
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To: jazusamo

So, is Nassan a Jihadi or not?


18 posted on 06/14/2013 3:42:14 PM PDT by Paladin2 (;-))
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To: jazusamo

BS.
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?


19 posted on 06/14/2013 3:42:38 PM PDT by servo1969
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To: Paladin2

Hasan. That whole Hussein thing drives me nutz.


20 posted on 06/14/2013 3:42:54 PM PDT by Paladin2 (;-))
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To: jazusamo

Did the judge order that his beard by hacked off with a dull knife, yet?


21 posted on 06/14/2013 3:43:08 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: Ranger Warrior
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.

Meet the next Attorney General of the United States.

22 posted on 06/14/2013 3:44:02 PM PDT by Bronzewound
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To: Monty22002
That's OK, they're still allowed, nay, encouraged, to commit jihad.
23 posted on 06/14/2013 3:45:02 PM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: DoughtyOne

He should be executed in the Islamo-fascist manner that he embraces, either a slow strangulation hanging, or a slow beheading, Daniel Berg-style.


24 posted on 06/14/2013 3:45:31 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: fwdude

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?


25 posted on 06/14/2013 3:48:11 PM PDT by DoughtyOne (Now playing... [ * * * Manchurian Candidate * * * ], limited engagement, 8 years...)
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To: jazusamo

The judge and obama are going allah’s work.


26 posted on 06/14/2013 3:50:06 PM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: SandRat

“Give him Judge Roy Bean Justice”

Give him the Judge Crater treatment. Gone without a trace.


27 posted on 06/14/2013 3:52:18 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Dr. Bogus Pachysandra
We could always see if the French would loan us use of the “French National Razor ( la Guillotine )” to give hin a real close shave.
28 posted on 06/14/2013 4:00:05 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: null and void
The ruling was legally correct. Defense of others is the same thing as self-defense, only saving the life of another person. He wasn't saving anyone's life. No taliban were in that room and if they had they they would not have been in danger from any of the people Hasan murdered. So, as a matter of law the defense fails and he can't waste the court's time with it.

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.

29 posted on 06/14/2013 4:18:26 PM PDT by colorado tanker
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To: jazusamo
Why is this guy still breathing?

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.

30 posted on 06/14/2013 4:26:30 PM PDT by GBA (Here in the Matrix, life is but a dream.)
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To: jazusamo

“He should have been dead on the day this took place, I still don’t 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.


31 posted on 06/14/2013 4:57:08 PM PDT by vette6387
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To: jazusamo

Yeah, he was just having a bad hair day that day. Move along. Nothing to see.


32 posted on 06/14/2013 4:58:04 PM PDT by bgill (This reply was mined before it was posted.)
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To: jazusamo

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


33 posted on 06/14/2013 5:12:30 PM PDT by ronnie raygun (yesterdays conspiracies are todays truths)
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To: colorado tanker
The ruling was legally correct.

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?

34 posted on 06/14/2013 5:24:17 PM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: jazusamo

By using that as his defense, wouldn’t he be admitting to committing treason?


35 posted on 06/14/2013 5:47:32 PM PDT by This I Wonder32460
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To: jazusamo

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.


36 posted on 06/14/2013 5:56:52 PM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: jazusamo

jazusamo wrote: “He should have been dead on the day this took place, I still don’t 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?


37 posted on 06/14/2013 7:18:16 PM PDT by Terry L Smith
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To: jazusamo

that idiot judge !!!! eric holder’s goons are already on their way to arrest him ... led by that pathetic pos who runs the fbi ...


38 posted on 06/14/2013 7:20:13 PM PDT by Patton@Bastogne (Piss upon Obama, and his False Prophet Mohammed)
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To: Terry L Smith
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 Hasan’s throat while they bandaged him up to prevent further trauma.

39 posted on 06/14/2013 7:34:41 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: jazusamo
Maj. Nidal Hasan’s “defense of others” strategy fails as a matter of law, Col. Tara Osborn said during a 45-minute hearing...what exactly is the judge doing in telling this to the defendant - isn't it the jury's job to decide what is and isn't a valid defense - has the government determined that not only will they not recognize this as an act of terrorism, but they're going to make sure the terrorist isn't punished for his act.......
40 posted on 06/14/2013 9:39:12 PM PDT by Intolerant in NJ
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To: jazusamo

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 Hasan’s 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!”


41 posted on 06/15/2013 1:54:58 PM PDT by Terry L Smith
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To: Terry L Smith

Amen to that and thanks my FRiend!


42 posted on 06/15/2013 2:12:23 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: null and void

I don’t follow your question.


43 posted on 06/17/2013 10:03:51 AM PDT by colorado tanker
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To: colorado tanker

Are you afraid that the court would find that jihad is an acceptable defense against a murder charge?


44 posted on 06/17/2013 10:09:22 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: null and void

Absolutely not. That’s absurd.


45 posted on 06/17/2013 10:54:53 AM PDT by colorado tanker
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To: colorado tanker

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.


46 posted on 06/17/2013 10:59:33 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: null and void
Your argument makes no sense. What the judge said is if Hasan could prove everything he said, that he committed these murders because Islam commanded him to do so to protect Taliban in Afghanistan, that could not be a defense to murder under American law and the UCMJ. There would be nothing for the jury to consider because this can't be a defense as a matter of law.

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.

47 posted on 06/17/2013 11:17:31 AM PDT by colorado tanker
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To: colorado tanker
So there is no value to having a full public and well publicized verdict that explicitly states:

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.

48 posted on 06/17/2013 11:34:23 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: null and void
American judges are bound by the law. This judge can't willy nilly open an investigation of the Islamic religion or all Islamic terrorists. And that is a good thing. That is up to elected representatives, such as Congress and the President, not unelected judges.

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.

49 posted on 06/17/2013 11:59:48 AM PDT by colorado tanker
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To: colorado tanker

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.


50 posted on 06/17/2013 1:12:55 PM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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