Quote Originally Posted by jmm99 View Post
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 (prosecutor) to assert the personal privilege.

But, what if the line of questioning never mentions the patients' names ? E.g., MAJ Hasan would you please relate to us, without mentioning names or any other details which would identify the patients, the 101 instances which caused you to form the belief that the armed conflicts in Astan and Iraq were immoral and illegal under the tenets of your religion and Sharia law ?

I dunno; I suppose it would depend on the judge. The judge has vast discretion to enter protective (gag) orders, etc., as Booindoggle correctly says.

Regards

Mike
In LA(lower Alabama) I am pretty sure that would be considered "hear say" evidence and hence not admissible unless that person was available for cross examination to verify he/she said what was heard. At which time the person could invoke the 5th(at least I would think they would)since they are not the one on trial. But........I don't know enough about the UCMJ to know if the same rules apply.