Fort Hood shooting suspect Nidal Hasan barred from seeing evidence obtained by FISA spying...

CBS News ^ | 7/12/13

[Libloather]

The Army psychiatrist charged in the deadly mass shooting at Fort Hood, Texas, cannot access evidence obtained through secret electronic surveillance, a federal appeals court ruled.

The 5th Circuit Court of Appeals in New Orleans also denied Maj. Nidal Hasan's motion to suppress the evidence the government plans to use against him. The court's decision Wednesday upheld a lower court's ruling issued before Hasan recently began serving as his own attorney.

Hasan faces execution or life without parole if convicted in the 2009 rampage that left 13 dead and nearly three dozen wounded on the Texas Army post. Jury selection in his court-martial started Tuesday at Fort Hood, and testimony in the trial is to start Aug. 3.

[Libloather]

Homeland Security missed this one as well - by a mile.

[CincyRichieRich]

Disgusting. 2009????
Are you kidding, it was that long ago and he still isn’t in a life sentence or death sentence?

[ClaytonP]

This guy is a dirtbag, but this is troubling.

Can't see evidence government is using against you at trial?

[Tennessee Nana]

and hes still getting his military pay

as though he were an honorable member ..

He gets about $200,000+ a year...

BTW If an honorably discharged veteran is arrested and goes to jail he loses his bennies...

even disability...

[SampleMan]

This is a workplace violence case, why would national security be involved? —sarcasm off—

[taxcontrol]

Yes this is seriously troubling. If the Defense can’t see the evidence then the Jury should not either.

[Hoodat]

This doesn't even make sense. If they had FISA evidence against Hasan, they would have had advance warning of the attack. Yet as we now know, the targets of all NSA surveillance switched away from the cells of terrorist threats from abroad, and towards home-grown terrorists such as TEA Party types, conservatives, and gun owners.

The only reason a 5th Circuit panel would agree with the government her is because there is no FISA evidence against Hasan. If there were, the 5th Circuit would have ruled differently.

[Perdogg]

Generally that is the case if I remember correctly.

There are certain types of evidence that the government doesn't have to disclose to the defendant. These include:

•Work product of the government

•Statements by government witnesses

The work-product rule protects any documents made by the government in connection with investigating or prosecuting the case. The defendant isn't entitled to know the theories and thought processes of the government.

The government doesn't usually have to disclose statements made by prospective witnesses before trial. Such statements aren't open for disclosure until after the witness has testified on direct examination.

Government Entitled to Disclosure The government may only request disclosure if the defendant has first requested disclosure from the government. For example, if the government complied with a request from the defendant to disclose certain documents or photographs, the government is entitled, upon request, to inspect and copy the documents and the photographs. The two main criteria is that the item is within the defendant's possession and he intends to use it at trial.

[Alberta's Child]

I’d love to have a Freeper with a legal background check in here on this thread and post some relevant differences between a civilian trial and a military court martial when it comes to this sort of thing.

[RedMDer]

FR is funded solely by the freedom loving folks
who love and use it.
WE ARE FREE REPUBLIC!
You are Free Republic.
There are no outside influences.
No advertisers.
Just us, all of us.
Please Contribute Today!

[FlyingEagle]

Firing squad overdue by nearly 4 years: war time act of treason and first degree murder of troops in deployment.

[SECURE AMERICA]

He is not a suspect.
He is the shooter.
Of that there is no question .
Time we started being honest.
This man is a terrorist.
He did commit the crime.
He should be treated as a terrorist and he should no longer be breathing this far down the line.............

[stylin19a]

“Suspect” ????

[chessplayer]

This guy is a dirtbag, but this is troubling.

Can’t see evidence government is using against you at trial?

---

Grounds for dismissal of charges against him. Wonderful.