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 ...
If he's among the best the system has to offer, no wonder we're in the mess we're in.
Just hold him as an enemy combatant until the WOT is over, the sign of which is that Bush’s “wartime” Patriot Act is repealed.
I think they are trying to construct a scenario where this case isn’t resolved on The One’s watch. Why else has it been dragged out like this?
The sheeple are outraged! about the newest gadget, latest judge on Idol, newest video game, 16 oz pop, Facebook. Most could care less about the Military’s justice or what's really happening to America.
I would make a bet that this Mother Lover will never be executed.
He should be placed in General population in a prison with a large number of Aryan Brotherhood prisoners.
Hang him by his hands. Then cut off 1/4 inch from the bottom of his feet. Lower him down onto pea gravel. Let him hang there for a few days till the pea gravel grows onto his feet.
Remove the ropes and make him walk a mile to another cell.
Repeat till there is nothing left of him.
There should be no problem with the beard.
Just shoot him above the beard.
So let me get this straight....some liberal Obamahole has decided that a military judge that requires a military man (well, he’s a muzzie, which means he’s neither military nor a man) to comply with military rules is biased?
CW-II, it’s not only in our future, it’s in our near future.
And when it comes, we all want the address of that Obamahole (and many others.)
I do not think that that is true. His offical photos have him clean shaven. Also the photo/video from the day of the shooting do not show a beard.
Definitely a possibility this beard fight was cooked up to delay his trial past the election. Jihadist filth appear in court every day with their beards intact so why not here?
Cooked up by an Obama-tron judge and prosecution to delay his trial past the election so as not to embarrass the Obama Admin
“Oh, Sir, I couldn’t possibly fit him in until next Tuesday!” - one of my favorite “Blazing Saddles” scenes.
suggest he be hung from his beard until dead.
Shave it; kill it.
He's never going on trial because: one, this president's policy is clearly to tell as many lies as necessary to not have to admit that Al Qaeda can still successfully commit a terrorist attack against us and: two, the government doesn't want to have to pay the victims' families the hundreds of millions, if not billions, of dollars they should have to pay as a result of their complete and total negligence and incompetence regarding this jackass (all the warning signs they had and ignored due to their insane political correctness).
Now that Baraq Hussein mohammed 0bama has "more flexibility", expect more and more cases where muzzies get special treatment.
FMCDH(BITS)
I propose a compromise: let him keep his beard on the condition that his head is seperated from his body.
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