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.

2 Responses to “Gene Fidell sides with Senate Committee on access to Hasan evidence”

  1. Mike "No Man" Navarre says:

    I had some comments on Mr. Fidell’s letter all typed out, but lost them when my server connection flickered. Here is the substance behind the comments:

    Mr. Fidell’s letter and Sen. Lieberman’s support of it here.

    The two items that DoD hasn’t produced here:

    1) Transcripts or summaries of transcripts of interviews conducted by the prosecution that were provided to the West/Clark review
    2) Interviews of FBI and DOD agents who reportedly discovered Major Hasan’s communications with radical extremist cleric Anwar al-Awlaki.

    My comments dealt with privilege, TCs work product, and methods in DoD/FBI interviews. Since I am not a “leading, impartial expert on military justice”–I’ll leave that open-ended as to which part is inapplicable to ensure JO’C has lots of room to comment–they didn’t amount to much anyway.

  2. Anonymous says:

    I think it naive to think that the committee if given what they want, won’t simply ask for more, nor will they restrain themselves from making comment on MAJ Hasan in such a way as to arguably create an issue.