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    As expected,

    Nidal Hasan sentenced to death for Fort Hood shooting rampage (Wash. Post).

    Regards

    Mike
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    Candor in the Courtroom, Sans Defense Counsel

    CSM: Fort Hood suspect tells court he 'switched sides' in America's war (6 Aug 2013).



    And, the point of dragging this on for months is exactly what ?

    Regards

    Mike
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    Carl,

    I'd say that (admitting treason) would be a definite drawback to the defense. :D

    But, that being said, and all kidding aside, the guy knows he won't "get off" and probably will get a death...
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    Hasan's Defense - Combatant Immunity ?

    From CSM, Why military judge has hands full with Nidal Hasan court-martial (by Patrik Jonsson, June 4, 2013):



    I'd like to see more on this defense - It looks to be some form of RCM 916...
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    Ah Bear, a return to the Good Old Days ...

    of Tony Waller (of our own) and Daniel Greysolon, sieur du Lhut (of the French Colonial Marines, in the late 1600s in my own UP of Michigan). The latter, in truth (my opinion thereof), did a better...
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    Great White Furry One:

    I agree with your technical legal reasoning:



    and also that, when a commander defers what should be his or her decisions to his or her lawyers, IMO: the lawyers have a fool for a client.
    ...
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    To be Bearded or Not ?

    In a fractured version of the Dirty Dozen script, the military judge sought to emulate Robert Ryan's character.

    AP: Court ousts judge, shaving order in Fort Hood case (4 Dec 2012):



    If the...
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    Hi David,

    Solely in answer to your question regarding discovery by defendants under the UCMJ.

    1. The UCMJ has liberal (pro-defendant) discovery provisions which are comparable to those under the Federal or...
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    Premeditated murder

    As I understand it, MAJ Hasan is charged with 13 counts of premeditated murder under Article 118 (snip from MCM IV-62-63):



    While the word "motive" is not mentioned above, the need to prove a...
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    Hearsay and non-hearsay

    It depends on the purpose for which the out of court statement is offered.

    Here is the snip from MRE Rule 801, Definitions:



    Now check out my question and note the bolded weasel words:
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    Psychotherapist-patient privilege

    MRE Rule 513. Psychotherapist-patient privilege, governs (snip from a 2 page rule)



    Probably testimony as to a specific patient could be kept out, if that patient authorizes trial counsel...
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    Good point, Rifleman ...

    It will be interesting to see what primary defense will be raised. I expect some sort of mental capacity plea will be made, although that seems a hard sell under the UCMJ.

    A very interesting...
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    2007 PowerPoint Slides

    The slides mentioned in today's WP article, Fort Hood suspect warned of threats within the ranks, are here - The Koranic World View As It Relates to Muslims in the U.S. Military.

    Please note the...
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    Slowly gaps are filling in.

    In 1998, MAJ Hasan's dad died with funeral services held at the funeral home. In May 2001, his mother died with funeral services held at the Dar Al Hijrah Islamic Center in Falls Church. See this...
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    Place things in the proper perspective ....

    not necessarily "minimize" - and definitely do not "maximize".

    Mike, you gave the example of an Army O-4 (a Muslim officer).

    Last nite, I listened to a Navy (ret.) O-4 (also a Muslim officer),...
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    I can't supply Randy ....

    but here are Selected Works of Randy Borum.

    From Preventing Targeted Violence Against Judicial Officials and Courts:



    Much fuller explanation in article. And some key observations:
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    Correct ....

    but, a lawyer can advise his client not only of the legal option (here obey the order), but also the maximum consequences, the minimum consequences and the probable consequences of not taking the...
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    MAJ Hasan's course of action ...

    if he wanted out of the Army, was simply to refuse the deployment order; at which point he would be charged under the UCMJ for refusal of a lawful order and the process would have gone from there -...
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    Belief System - yes

    but as to this:



    "nothing to do with Islam" is not something we should assume. See above post by omarali50 , which is excellent.

    The simplest explanation is that the man was quite sane,...
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    Yup,

    I listened to LTC Lee's interview when it first aired. He seemed credible. He told of direct statements from MAJ Hasan - as well as second and third hand statements. All of those will have to be...
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    The present blog evidence

    A “NidalHasan” wrote the following - secondary source:



    primary source 1 and primary source 2.

    Same guy ? - the Internet tracks and trails, and his computer (if still containing data), will...
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    Pays to go slow ....

    This story may have some twists and turns. But for information that we do not know now, MAJ Hasan comes up pretty much All-American:

    - graduate of Virginia Tech University (ironically) with a...
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    Live coverage

    from KCEN-TV via MSNBC, is ongoing.
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