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Major Hasan gets to keep his beard. That's Good.
Dan Miller's Blog ^ | December 5, 2012 | Dan Miller

Posted on 12/05/2012 9:29:13 AM PST by DanMiller

Maj Hasan with beard

Getting a clean conviction of Major Hasan is more important than whether he has a clean face.

The court martial of Army Major Nidal Hasan, who murdered thirteen people at Fort Hood, Texas in 2009 and wounded thirty-two others while screaming Allah Akbar, has dragged on too long. If he had been forcibly shaved he would have had grounds to continue the charade and, if eventually convicted, to appeal that conviction for many years.

Defense counsel likely tried to inject legal error into the proceedings as grounds for post-conviction appeals. That's what defense counsel try to do when the evidence of guilt is overwhelming. On December 3th the military judge, Colonel Gregory Gross, was removed principally because he may have shown bias by insisting that Major Hasan's beard be shaved.

The Court of Appeals for the Armed Forces, which sits in Washington, D.C., said in its 10-page opinion that because of a variety of factors, a reasonable person “would harbor doubts about the military judge’s impartiality.” The court did not say that the trial judge was actually biased, officials noted, but instead ordered the removal for the appearance of bias. The court also set aside the six previous contempt convictions against Hasan, who has refused orders from Gross to shave his beard and conform with Army grooming standards in the courtroom, though it did not issue a ruling on whether Hasan has a right to wear his beard under the Religious Freedom Restoration Act.

A new trial judge will be detailed to the court-martial and will decide on the matter when the case goes back on the record in open court.

That ruling riles but is correct pragmatically. Of course Major Hasan is required to be clean shaven; he is still an Army officer and was appearing at his court martial. He apparently did not discover his Islamic obligation to grow a beard until after his court martial had begun. Perhaps defense counsel suggested that a beard could disrupt the proceedings and thereby provide grounds for appeal later; perhaps Major Hasan just decided to grow a beard because of a conveniently timed realization that his Religion of Peace requires it. It does not matter which and there is, in any event, no way to determine why he did it. Was Judge Gross prejudiced against him? Only if requiring him to comply with grooming standards required of all other Army officers shows prejudice; it does not. That does not matter either. The important thing is that the court martial can now proceed, at least until defense counsel discovers additional bases for disruption and subsequent appeal.

If during his next court appearance Major Hasan wears a tutu, Michael Jackson moon boots and a head cover of the sort women are required to wear in Islamist places, the court martial should ignore the attempt at intentionally farcical insults and proceed with the trial. Otherwise, Major Hasan is likely to die of old age while supported by taxpayers as his appeals wend their way back and forth from the trial court through various levels of appeal, back to trial and on and on and on. That would be a disgrace to the military justice system and to the nation. A former Army JAG officer, I have long been very proud of the American system of military justice and would be outraged.

The important thing is to give him a fair trial where all of the relevant and clearly admissible evidence is considered, for the court to decide on his guilt or innocence and, if found guilty, to impose appropriate punishment.

A female military judge, Colonel Tara A. Osborn, has been designated as Colonel Gross' replacement. That may generate grounds for further delay, disruption and eventually appeal from a conviction. Those grounds may be no less specious than those that resulted in the replacement of Colonel Gross. Whether they are specious or valid matters little because in either event the trial may be delayed and disrupted further and the appeal further protracted. Here are two thoughts:

♦ Might the designation of a female military judge to preside over the trial of an Islamist male be deemed evidence of prejudice? Arguments to that effect could be made.

♦ If those arguments are rejected, must Colonel Osborn's head be covered in Islamist fashion during the trial so as not to offend Major Hasan's sense of Islamist decency? Would a failure to do that be deemed evidence of prejudice? Stranger things have happened.

It would have made more sense to designate a male military judge to preside -- if moving the trial forward was the goal and if delaying Major Hasan's conviction and execution indefinitely was not the goal. Perhaps further thought will be given to this matter; it should be, soon.


TOPICS: Government; Military/Veterans; Politics; Religion
KEYWORDS: courtsmartial; forthood; majorhasan; murder
We may have to wait a long time for Major Hasan to be convicted and sentenced, and then for the appeals to end. If justice prevails, the wait will have been worth it. If it does not, there is something seriously wrong with the manner in which a very good system of justice is now administered.
1 posted on 12/05/2012 9:29:18 AM PST by DanMiller
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To: DanMiller

He gets to keep his beard?

Why doesn’t he get to keep his hair?

Either way I’d be satisfied to see his head on fence post....


2 posted on 12/05/2012 9:34:29 AM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: DanMiller

Shave his face with a laser.


3 posted on 12/05/2012 9:36:14 AM PST by Nachum (The List is off the Google blacklist- www.nachumlist.com)
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They should’ve just shot many more times to make sure he didn’t live.


4 posted on 12/05/2012 9:39:59 AM PST by snowstorm12
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To: DanMiller

Is it any wonder that we can no longer win a war?


5 posted on 12/05/2012 9:40:39 AM PST by satan (Plumbing new depths of worthlessness on a daily basis.)
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To: DanMiller
Obama gets to keep his beard as well...

Salt Vampire Michelle

6 posted on 12/05/2012 9:43:03 AM PST by null and void (Going Galt: The won't of the people)
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To: DanMiller

Now you know why Shakespear said (from the play Henry lV) “ First thing we do, is kill all the lawyers. “


7 posted on 12/05/2012 9:45:07 AM PST by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: DanMiller

keep the beard, lose the pulse - works for me


8 posted on 12/05/2012 9:47:29 AM PST by bigbob
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To: DanMiller

I’m trying to figure out if the military “justice” system is this easily played by any mass murderer or only if the murderer’s a haji?


9 posted on 12/05/2012 9:53:45 AM PST by Future Snake Eater (CrossFit.com)
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To: Future Snake Eater

I want to know why nobama has appointed this traitor and murderer to some Czar position or other????? What’s the delay?????


10 posted on 12/05/2012 9:58:55 AM PST by hal ogen (First Amendment or Reeducation Camp?)
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To: DanMiller

I’m cool with it. Use his refusal to shave as evidence of his devotion to the most radical sect of Islam. Use the stupid beard as evidence to help execute him.


11 posted on 12/05/2012 10:01:10 AM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: DanMiller
Close off all access to Ft. Hood, drop Mr. Hasan in the middle of Ft. Hood with the stipulation that if he can escape, he gets to live. That's judgment by ones peers.
12 posted on 12/05/2012 10:03:34 AM PST by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: Vendome

” I’d be satisfied to see his head on fence post....” then he and obama would be twin post turtles!


13 posted on 12/05/2012 10:17:29 AM PST by Colorado Cowgirl (God bless America!)
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To: factoryrat

Schedule a good old fashioned muzzy soccer game in his honor about 5 minutes after the drop off. That or drop him on the north side where the tanks practice.


14 posted on 12/05/2012 10:22:40 AM PST by bgill (We've passed the point of no return. Welcome to Al Amerika.)
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To: DesertRhino
Use his refusal to shave as evidence of his devotion to the most radical sect of Islam. Use the stupid beard as evidence to help execute him.

It need not, and should not, be used explicitly by the prosecution. If the judge permitted that it could later be held on appeal to be reversible error.

I have not reviewed the panel of officers (all holding the rank of Major or above) who will eventually decide Major Hasan's guilt or innocence and, assuming the former, the punishment to be imposed (both, of course, subject to review by the convening authority and then appeal). However, Fort Hood is an Armor base and it seems likely that many on the panel are in the Armor branch, a combat branch. It also seems likely that most have been in the Army and probably in Armor for at least fifteen years. They are more likely than non-combat branch officers to take offense not only at Major Hasan's crime but at his overt efforts to mock the military and therefore to mock them.

They don't need to be told about what they have seen with their own eyes.

15 posted on 12/05/2012 10:40:09 AM PST by DanMiller (Dan Miller)
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To: DanMiller

Hasan’s playing the system...and winning. I hope he chokes to death and saves the taxpayers a whole lot of money and time.


16 posted on 12/05/2012 10:42:30 AM PST by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: DanMiller

The beard is a distraction. The gov is all too happy to delay this travesty. The longer they delay, the more people forget what the bearded savage did.


17 posted on 12/05/2012 10:59:33 AM PST by I want the USA back (Bearded, subhuman, uncivilized, barbarian savages.)
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To: DanMiller
The fact that they are trying him on “Work Place Violence” pretty much means his punishment will be less than if they tried him on a domestic terrorist charge. Such as what Timothy McVeigh was tried on.

Keep the beard. It makes him look more like a terrorist jihadist.

18 posted on 12/05/2012 11:03:47 AM PST by cruise_missile
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To: DanMiller

Bearded savages are lower than bacteria that eat dead dung beetles.


19 posted on 12/05/2012 11:04:42 AM PST by I want the USA back
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To: DanMiller

The important thing is to give him a fair trial where all of the relevant and clearly admissible evidence is considered, for the court to decide on his guilt or innocence and, if found guilty, to impose appropriate punishment.

But, how can that be? I suspect a ruling will come down that a military court has no authority over him because he is muslim, and therefor not subject to the UCMJ.


20 posted on 12/05/2012 11:09:43 AM PST by chainsaw ("Two ways to conquer and enslave a nation. One is by the sword. The other is by Obama")
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To: cruise_missile
The fact that they are trying him on “Work Place Violence” pretty much means his punishment will be less than if they tried him on a domestic terrorist charge.

He is being tried on multiple charges of murder and aggravated assault. The "workplace violence" nonsense is what President Obama called it.

Under the charges and specifications, the death penalty can and should be imposed. I shall be surprised if it is not. Whether it will withstand review by the convening authority and then by the courts is a different question. It should, but may not.

21 posted on 12/05/2012 11:26:17 AM PST by DanMiller (Dan Miller)
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To: DanMiller

I can’t believe somebody hasn’t laced this asshole’s catheter with something lethal.


22 posted on 12/05/2012 11:28:02 AM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: DanMiller

Perhaps I have been retired from the military too long but in my day Hasan would have been counseled by his CO that he was in violation of regulation grooming standards. If he didn’t conform then there would ensue a escalating set of punishments including forfeiture of pay, Article 15 punishments, Court Marshall, and dismissal from the Army.

The only reason I can think of this not happening is that this course of action was taken away from the Court Marshall convening authority, the commanding general at Ft Hood. Guesses?


23 posted on 12/05/2012 11:33:09 AM PST by waredbird
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To: DanMiller
Hasan, like many (i.e. Nasrallah, al-Sadr, Rachman...), aren't dead yet. Nor is Bradley Manning, the Walkers, and Pollard to name a few.

We have the means, but not the will. And the SCM (state controlled media) blames the "gun culture," or "machismo." Add public school education for the masses, our national debt, and we're done, toast.

5.56mm

24 posted on 12/05/2012 11:37:12 AM PST by M Kehoe
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To: DanMiller

I like the idea of him keeping his beard. I think it is important that rather than him being viewed as a member of the U.S. Military who snapped and was a “victim of our gun culture”, the beard will help demonstrate that he committed his murders in the name of the “religion of peace and tolerance”.


25 posted on 12/05/2012 11:40:50 AM PST by Above My Pay Grade
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To: DanMiller

Why can’t Hasan’s refusal to obey a military order just be added to the charges against him?


26 posted on 12/05/2012 11:49:16 AM PST by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: DanMiller
If justice prevails, the wait will have been worth it.

"Justice delayed is justice denied." The 'justice' system has been infested with parasites who are more interested in self-enrichment and self-aggrandizement than with helping their society deal judiciously with its problems. Had justice prevailed, Hasan would have lasted about as long as McVeigh.

27 posted on 12/05/2012 11:50:43 AM PST by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: DanMiller

The rest of the world has to be laughing at the absurd administration of our criminal justice system. I know I am.


28 posted on 12/05/2012 11:58:34 AM PST by layman (Card Carrying Infidel)
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To: DanMiller

Why is this guy still breathing air?

Likewise for the Wikileaks guy.

Shave him with a culturally acceptable scimitar.


29 posted on 12/05/2012 11:59:23 AM PST by mbarker12474 (If thine enemy offend thee, give his childe a drum.)
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To: DanMiller

14, not 13 killed.


30 posted on 12/05/2012 4:05:19 PM PST by TxBec (Keep all 14 of the victims at Fort Hood in your prayers.)
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To: DanMiller

10 seconds. all i need. just need ten seconds.


31 posted on 12/05/2012 5:35:12 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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