Posted on 12/04/2012 5:12:12 AM PST by DeaconBenjamin
A military judge's "duel of wills" with Maj. Nidal Malik Hasan over whether Hasan would have to shave made the judge appear biased, requiring his removal from the case, a military appeals court ruled Monday.
Hasan, 42, is accused of killing of 13 people and wounding 32 others in a rampage at Ft. Hood, Texas, on Nov. 5, 2009.
Hasan, who is Muslim, said that he had grown the beard for religious reasons and that it was protected under freedom of religious expression.
Military prosecutors disagreed, as did the judge, Col. Gregory Gross, who ruled that the beard violated the military dress code. Gross held Hasan in contempt of court for refusing to shave, ordered him removed from the courtroom, and ultimately ordered that his beard be forcibly shaved.
Hasan appealed to the U.S. Court of Appeals for the Armed Forces. The appeals court ruled that military command, not a military judge, has responsibility for grooming standards, and that Gross could no longer convincingly appear to be unbiased in handling Hasan's case.
Gross' order to shave Hasan's beard -- and the six counts of contempt he issued to Hasan -- were wiped out by the appellate court's ruling.
"Although the military judge here stated that [Hasan's] beard was a 'disruption,' there was insufficient evidence on this record to demonstrate that [Hasan's] beard materially interfered with the proceedings," the unsigned ruling said.
"Taken together," the ruling continued, "the decision to remove [Hasan] from the courtroom, the contempt citations and the decision to order [Hasan's] forcible shaving in the absence of any command action to do the same could leave an objective observer to conclude that the military judge was not impartial."
(Excerpt) Read more at latimes.com ...
This nothing more than forcing the American judicial system to accept sharia law, “death by a thousand cuts”. Inch by inch, step by step.
Not that anyone here particularly sympathizes, but that might be a point, why does it cease to get an official pass at the trial when it got an official pass before the commission of the crime of which he was accused.
Cite the bill number?
You think this is a party?
Wait until the Gitmo bus pulls up in front of a courthouse IN THE USA.
Bring your own barf bags...
There needs to be a trial within 30 days of arrest, and execution of sentence within 30 days of conviction.
I think this is one case we should ignore the military dress code and try him with the beard. After the trial, take his muslime ass outside, cover him with bacon grease and send a few 30 caliber rounds into him.
It already got “ignored.” This is an unfortunate distraction. Maybe this is legal rope a dope by his defense team, which jolly well knows it could directly ask the question of why the beard accommodation ceased to apply once he was placed on trial, but would rather bait the judge into doing something that will get slapped down from above — it’s better optics from their point of view.
Paralyzed? Did I miss something? Or forget something?
I;m confused. Pictures of Hasan that I have seen show him clean shaven. This is the first mention of him having a waiver that I have heard. Is there documentation of such a waiver that you can point to for me?
Thanks.
Last I heard, yes he is still getting paid.
This has gone on so long I forgot he was paralyzed. I had to go back to 2009 and re-read the story.
NDAA, Section 1021.
http://en.wikipedia.org/wiki/National_Defense_Authorization_Act_for_Fiscal_Year_2012
Secure him to the chair, and wheel him into the closest pond. No need to even waste they rope.
If that one, there is debate at the least as to whether it actually means what is claimed.
they rope - the rope.
In the last few days Congress has been making a little dog and pony show about rescinding these powers. Of course it's all nothing but standard political kabuki theater.
I’ve always thought that we’ll be able to count on the lawyers to run the ovens efficiently when the time comes...
If habeas can be engineered through the left door of the USSC for Gitmo, this can’t get around it either.
Today’s military leadership makes me shake my head in shame. They are liberal, butt kissing, looking for promotion, do not care about the troops, lying, buttholes. They make me sick to my stomach. These days I tell any kid looking at the military to go in for 3 years, get some type of training in a job that you can use on the outside, and get the heck OUT. The government lied to us for 30 years and there is no way they will keep any promises to any of these kids. They are liars. EVERY STINKING ONE OF THEM!!
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