• August 23, 2014

Court rules Army can shave Hasan

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Posted: Friday, October 19, 2012 4:30 am | Updated: 2:13 pm, Thu Jan 23, 2014.

Military judges ruled Thursday that the U.S. Army can forcibly shave accused Fort Hood shooter Maj. Nidal Hasan for his impending court-martial.

A panel of six judges with the Army Court of Criminal Appeals unanimously denied Hasan’s appeal of a Fort Hood judge’s order to have the accused terrorist shaved by force.

The ruling will likely trigger another round of appeals by Hasan’s defense team. A news release from Fort Hood Public Affairs stated Hasan’s lawyers intend to appeal the decision to the Court of Appeals for the Armed Forces, the highest military appeals court.

The 42-year-old Army psychiatrist is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder for his suspected role in the Nov. 5, 2009, mass shooting at Fort Hood’s Soldier Readiness Center.

Hasan’s trial was set to begin Aug. 20, but became mired in appeals after Hasan arrived in court wearing a full beard in June. His appearance defied strict military regulations on appearance, and led him to be held in contempt of court and fined several times.

Hasan claims a premonition that his death is imminent led him into a more intense devotion as a Muslim and a religious compulsion to wear a beard.

The Fort Hood judge presiding over the case ordered Hasan to be shaved after prosecutors presented evidence that he may have non-religious reasons for having facial hair.

At the time, government prosecutors submitted a transcript of a phone call between Hasan and a reporter from Al-Jazeera.

In that conversation, Hasan apologized to the Mujahedeen “for participating in the illegal and immoral aggression against Muslims,” the ruling states.

Prosecutors argued that Hasan’s decision to grow a beard served only to defy the authority of his military superiors and as a “manifestation of his allegiance to the Muhajedeen,” it states.

But the judges ruled Thursday that even if Hasan could prove that his motivations were solely out of practice of his religion, the government still has the authority to forcibly shave him.

Citing military regulations and case law at the U.S. Supreme Court, the judges ruled that in order to preserve unit cohesion, discipline and morale, the government can forcibly shave Hasan.

The court also denied the defense’s request to have the presiding military judge, Col. Gregory Gross, removed from the case, though the ruling was not unanimous.

Two judges wrote dissenting opinions stating that Gross acted improperly in ordering Hasan shaved. They stated that any order to shave Hasan should have come from Hasan’s chain of command.

Gross could have compelled the Army to either allow Hasan to be in court or shave him by either holding the government in contempt of court or by staying the case, the opinion states.

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7 comments:

  • mzfitz posted at 4:43 pm on Wed, Oct 24, 2012.

    mzfitz Posts: 19

    This isn't Ft Hood leadership this is President Obama calling it "workplace violence" instead of terrorism like it should be.

     
  • UH-1 Air Warrior posted at 12:48 pm on Sun, Oct 21, 2012.

    UH-1 Air Warrior Posts: 11

    If he was not a Jihadist this would all be over... By the way this was terrorism, award the Purple Heart and Combat awards to those deserving...

    Agree administratively discharge and let fate step in..

     
  • Pete posted at 7:35 am on Sat, Oct 20, 2012.

    Pete Posts: 111

    Fort Hood Leadership: Please save us all some time, money and heartache. I suggest you immediately administratively discharge MAJ Hasan. Give him a bus ticket to his family, home of record or his cleric leader and let them take care of him (bet AQ wouldn't spend their money and resources on him). If he doesn't want to cooperate with the discharge (which seems like a distinct possibility based on current events) just park him and his wheelchair outside the front gate and tell him good luck and God bless. This would be the most effective form of punishment. Every second of everyday, former MAJ Hasan would be wondering is this my last moment on earth? Is this the day "they" get me? I believe the games, MAJ Hasan is playing, would stop real fast with this course of action. Right now, my old Army is being made a laughing stock and tied in knots because of whiskers? Unreal!!!

     
  • Pete posted at 7:20 am on Sat, Oct 20, 2012.

    Pete Posts: 111

    Please save us all some time, money and heartache. Administratively discharge MAJ Hasan, give him a bus ticket to his family, home of record or to

     
  • Pete posted at 7:16 am on Sat, Oct 20, 2012.

    Pete Posts: 111

    Fort Hood Leadershiip

     
  • Eliza posted at 11:19 am on Fri, Oct 19, 2012.

    Eliza Posts: 712


    @: Two judges wrote dissenting opinions stating that Gross acted improperly in ordering Hasan shaved. They stated that any order to shave Hasan should have come from Hasan’s chain of command.


    After the major murdered the 13 people in cold blooded murder ,and then was arrested.His command then would have become the courts of law.That is who has any say over him until he is sit free or receives his justifiable punishment.
    The judge sitting on the case has went beyond what many would have considered the major's rights as an accused.
    No one else other then the accused and his reps. Have caused the delay this case has entailed.
    The major stated at the time of killing,it was being done in the name of his God, he is using that reasoning again, as the reason he needs his beard. It all sounds somewhat suspicious.

     
  • Sumsebienchen posted at 6:49 am on Fri, Oct 19, 2012.

    Sumsebienchen Posts: 1

    so tiered about this never ending BS[sad]

     

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