Noted military justice expert Eugene Fidell has written a letter to the Senate Homeland Security and Governmental Affairs Committee indicating that if the Administration were to provide information the Committee requested concerning what DOD and the FBI knew about MAJ Hasan before the Fort Hood shootings, court-martial proceedings wouldn’t be endangered. An article about the letter, including the letter’s text, is available here.
The letter opines:
Nothing unique to the military justice system precludes access to the kinds of information the Committee has sought. The Committee’s limited goal, as I understand it, is to examine how Executive Branch systems functioned in the face of information suggesting that Dr. Hasan may have presented a risk. So long as the inquiry does not address his potential guilt or innocence or seek to probe military decision making with respect to whether he should be charged or tried, I do not see why the Committee should be denied the information it seeks.
The No Man previously wrote about this issue here.