<http://www.newenglishreview.org/blog_display.cfm/blog_id/30783#CurDomainURL#/blog.cfm> The Iconoclast Thursday, 18 November 2010 Death for Maj. Hassan Recommended by Fort Hood Massacre Military Panel by Jerry Gordon Maj. Nidal Hasan April, 2010 Maj Nidal Hassan may be facing a death penalty if recommendations of an Article 32 hearing are adopted by the Military Command for prosecution of his Jihad massacre at Fort Hood on November 5, 2009. That massacre killed 12 and injured more than 31 persons, some severely. The Dallas Morning News in a <http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-forthood_18ent.ART.State.Edition1.4b88f40.html> report in this morning's edition notes the basis of the Article 32 Hearing required under the Inform Code of Military Justice (UCMJ). U.S. Army Maj. Nidal Hasan should face a capital-murder court-martial for last year's slaughter at Fort Hood, the officer presiding over his pretrial hearing has recommended.Col. James L. Pohl found probable cause to justify 13 charges of premeditated murder and 32 charges of attempted premeditated murder against Hasan, officials at Fort Hood confirmed Wednesday.Pohl also found reasonable grounds for a death-penalty trial. In military law, that requires a finding that a crime involves aggravating factors, such as the death of more than one person.The recommendations will initially be considered by a Fort Hood brigade commander, who is also awaiting findings from a board of military mental health experts assigned to examine Hasan's mental state. Ultimately, a general will make the final decision on how Hasan is tried and how he is punished if he is found guilty. Pohl's report followed a nine-day preliminary proceeding known in military law as an Article 32 hearing.During that proceeding, prosecutors called 56 witnesses to describe how Hasan stood near the entrance of a crowded soldier processing building and began firing with a high-powered semi-automatic pistol. More than a dozen witnesses identified him as the gunman. Many said they heard the gunman shout, "Allahu akbar" – an Arabic-language exhortation that means "God is great" – just before unleashing a barrage of bullets. Hasan's chief defense counsel, John P. Galligan, said he was surprised only that Pohl's recommendations included a finding that Hasan should be tried on capital murder charges. Military law experts said that a court-martial is inevitable. The next legal skirmishes are likely to involve where the case is tried. Galligan has said that Hasan cannot get a fair trial at Fort Hood. If the defense succeeds in getting a change of venue, that would probably mean a trial at another major military installation, such as Fort Lewis in Washington state or <http://topics.dallasnews.com/topic/Fort_Bragg> Fort Bragg in <http://topics.dallasnews.com/topic/North_Carolina> North Carolina. A panel of 12 officers of Hasan's rank or higher would be chosen to hear the case. If Hasan is found guilty, the panel would consider two possible punishments – life in military prison or execution by injection. A recommendation that a general order a death sentence would require a unanimous panel vote. We will now see if the Army courts martial can carry out the capital crime charges recommended by the Artuicle 32 Hearing panel and can render an appropriate swift judgment. Doubtless, Muslim Brotherhood front groups in the US will endeavor to intervene via lobbying of the US Department of Justice for evaluation of Maj. Hasan's mental state at the time of his Jihad assault and, failing to secure possible incarceration in a military or civilian mental hospital, seek to have Hasan tried in a civilian Federal court on the grounds that he cannot obtain a fair trial under the UCMJ. Given the evidence from witnesses in the Article 32 hearing panel's deliberations, we believe that the courts martial should proceed and that an appropriate penalty be rendered up to an including the recommended death by lethal injection. Maj Hasan is paralyzed from his chest down resulting from returned fire of security officers who responded to the Jihad massacre at the Fort Hood deployment processing center. Tags: <http://technorati.com/tag/Maj.+Nidal+Hassan> Maj. Nidal Hassan, <http://technorati.com/tag/+Article+32+UCMJ+panel+capital+charges> Article 32 UCMJ panel capital charges, <http://technorati.com/tag/+Army+Coruts+Martial> Army Coruts Martial, <http://technorati.com/tag/+Dalals+Morning+News> Dalals Morning News Submit Your Comment <http://www.newenglishreview.org/blog_comment.cfm/blog_id/30783> Posted on 11/18/2010 3:07 AM by Jerry Gordon [Non-text portions of this message have been removed] ------------------------------------ -------------------------- Want to discuss this topic? Head on over to our discussion list, [email protected]. -------------------------- Brooks Isoldi, editor [email protected] http://www.intellnet.org Post message: [email protected] Subscribe: [email protected] Unsubscribe: [email protected] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. 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