Here is a Houston Chronicle story on the arrest and alleged plot of PFC Nasser Abdo, an Army soldier allegedly UA from Ft. Campbell.  I was pondering this fact this weekend, so I’ll share it.  If you were his defense counsel, or the TC in the other case(s) against PFC Abdo, how do you play the child pornography charges in the case against him on the alleged bombing plot?  What spurred the thought was a sentence similar to this that raised so many contradictions:

On the run after deserting his post at Fort Campbell, Ky., and facing court-martial for possession of child pornography, the Muslim conscientious objector admitted planning to attack Fort Hood and a restaurant frequented by soldiers and their families, according to a federal affidavit released last week.

See aditional coverage here of his contientious objector statements calling the Ft. hood shootings, “counter to what I believe in as a Muslim.”  Current reports have him being charged in federal court, bu tthat could change based on the pre-existing charges at Ft. Campbell.  AP (via Military.com) reported the first hearing in the federal case was a hoot:

An AWOL soldier accused of plotting to launch an attack on Fort Hood was defiant during his first court appearance on Friday, yelling out the name of the Army psychiatrist blamed in the 2009 deadly shooting rampage at the same Texas base.

Federal prosecutors charged 21-year-old Pfc. Naser Abdo with possessing an illegal firearm, two days after he was arrested at a motel about 3 miles from the front gate of Fort Hood. He told authorities he planned to construct two bombs in the motel room using gunpowder and shrapnel packed into pressure cookers and then detonate the explosives at a restaurant frequented by soldiers, court documents released Friday said.

Will let you know if I see any transfer to military custody reports.

5 Responses to “More on Ft. Hood 2 Plot, No News on MilJus Involvement”

  1. Bill C says:

    I for one would be surprised if the Army took jurisdiction. With Hassan going on, Fort Hood will probably just punt this to the Feds, where it will be resolved much more expeditiously.

  2. JP Galligan says:

    Abdo’s next Federal court hearing is 4 August – his court appointed counsel be present then (he was not in town at the time of the hearing before US Magistrate Manske). I bet this is just a holding pattern and that Abdo’s case will be transferred back to Campbell. Will try to keep updated on what I hear around here….

  3. usafadc says:

    Interesting question re: the cp charges. I think as DC I would use the downtown case on the bomb plot as leverage to get the GCMCA to dismiss the charges and let the feds focus on the terror case. The number of CP images I read somewhere was in the 20s, which, without more facts, is very low and not necessarily indicative of someone who has CP addiction or manufacturing it or anything like that. That’s more indicative of downloading lots of porn and getting some CP in the mix. Alternatively, if dismissal was completely off the table, try to get a Ch. 4 (don’t know what the army calls it, discharge in lieu of C-M) for the same reasons.

    As TC, again without more facts, if the Army wants jurisdiction you could argue that the AWOL and terror plot were spurred by a legitimate military justice action, thus showing a truly military nexus for all the crimes and providing a good argument for letting the Army keep the whole thing. That decision would have to be made by Army brass, but tactically it could work nicely at trial to argue that his desertion/awol and terror plot were spurred out of hatred for the army for taking action against him. First he was mad about the delay for the C.O. thing and then when the army disturbed his cp viewing habits, it was the final straw and Abdo got mad and wanted to kill some soldiers – obviously makes for a more aggravating case and shows a motive/state of mind that he cannot cover with the facade of religious fanatacism, err, belief. The trial is now not about an “unjust war” in the holy land or legitimately held beliefs of a devout muslim. It’s about a dude with a prediliction for cp that got mad that he was caught and wanted to get revenge or avoid prosecution by staging this terror plot.

    Again, interesting question…

  4. soonergrunt says:

    @USAFADC,
    procedures and standards for discharge in lieu of Court-Martial for Enlisted Soldiers are governed by AR 635-200 (Enlisted Separations), Ch.10

  5. Mike "No Man" Navarre says:

    Thanks, COL (ret) G. I appreciate the Ft. Hood legal community insight.

    You know I have to ask, will we see you back in the courtroom anytime soon? Particularly on another certain high profile Ft. Hood case? Feel free to email at noman@caaflog.com. Your zealous representation also made good blog fodder, and is missed.