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Hasan moves a step closer to court-martial

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Posted: Wednesday, March 9, 2011 12:00 pm

By Jim Garamone

Office of the Secretary of Defense public affairs

An Army official has recommended that Maj. Nidal M. Hasan be tried before a general court-martial authorized to consider capital punishment, Fort Hood officials announced Friday.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5, 2009, attack at Fort Hood's Soldier Readiness Processing Center.

Col. Morgan Lamb, commander of the 21st Air Cavalry Brigade, recommended the charges pending against Hasan be sent to a general court-martial authorized to consider capital punishment.

Lamb's recommendation is nonbinding. The convening authority - in this case, III Corps Commander Lt. Gen. Robert W. Cone - will make the final decision in the Hasan case.

Officials at the post released the information after Hasan's defense counsel publicly released the recommendation last week.

Army lawyers are reviewing the charges and the Article 32 investigation in order to provide legal advice on the case to Cone.

Fort Hood officials said in a news release that under the Uniform Code of Military Justice, a general court-martial convening authority has several options upon receipt of charges from a subordinate commander, including but not limited to dismissing the charges, referring them to court martial or sending them to a different convening authority for possible action.

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