Local news outlets (here and here) report that [ACCA] will hear oral arguments on the forced shaving writ in the MAJ Nidal Hasan court-martial.  That would be the day after the CAAF hears arguments regarding access to the PFC Bradley Manning trial.  [deleted] [Update–Sorry, I am half asleep, been a long week.  Thanks to all who pointed that out]

[Update #2]:  From the Fort Hood Press Center, here:

The Army Court of Criminal Appeals issued the following orders in United States vs. Maj. Nidal M. Hasan Sept. 21 after defense counsel for Hasan filed two appeals with that court this week.

The court ordered the case stayed until further notice and the response to the defense appeals must be filed by Sept. 28.

Defense counsel filed two appeals to determine if the federal law known as the Religious Freedom Restoration Act allows Hasan to keep his beard during his court martial.

The first appeal seeks to overturn past contempt holdings against Hasan and stop any future contempt proceedings over Hasan wearing a beard in court.

The second, closely related appeal is whether the RFRA allows Hasan to wear a beard while in military uniform at his court martial.

The Army Court’s Hearings page, here, has not been updated to reflect the argument.

10 Responses to “Breaking News: [ACCA] to Hear Oral Argument in Beard-gate”

  1. JCO312 says:

    Not CAAF, ACCA.

  2. anon says:

    I give credit to COL Gross for forcing the issue and hopefully having the appellate courts resolve this as an interlocutory matter prior to trial. . . though I still can’t see the Army forcibly shaving Hasan or not permitting him to appear at his own trial. 

  3. John Harwood says:

    I still want to know what the judge has in mind for forcing Hasan to shave: do they sedate him? Who holds him down?  Who does it?  Seriously, who is going to go into his cell and forcibly take a pair shears to this guy’s face?  And are they going to do it every single day?

  4. Some Army Guy says:

    There is a team from Leavenworth that specializes in the forced shaving of inmates.  Apparently, based on what I’ve heard from secondhand sources, it’s pretty common to have to shave inmates.

  5. k fischer says:

    John Harwood,

    Straight razor, no sedation.

    ksf 

  6. Mike "No Man" Navarre says:

    SAG–I would gues in the other cases it is a hygiene issue and not a religious issue?  Or are they that nutso about facial hari?

  7. charlie gittins says:

    It is a “rules” issue and “who’s in charge” issue at the USDB.  When Charles Graner was placed in segregation early in his stay at the DB, he refused to shave in response to what he believed was no good reason for segregation to be imposed (with which I personally agreed).  So, they shaved him.  It was all about control, because he was already in segregation and who cares whether he was scruffy or not?  They are all about pettiness there.  It took months for Graner to be allowed his wedding ring after he married Megan Ambuhl and then only after multiple Congrints, letters to the DB from counsel and his complaints to the chain of command.    We had to do a Petition for Extraordinary Relief to ACCA before the DB would compute his good conduct time in accordance with the regulation.  They tried to steal 1200 days of good conduct time from him.   The list of petty conduct by corrections personnel goes on and on and on.  I think you have to be diagnosed with a personality disorder to be competitive for assignment in charge of a military corrections facility. 

  8. JP Galligan says:

    The procedure for forced shaving, including the requirement to videotape the procedure, is contrained in the Army Reg (Corrections). 

  9. Some Army Guy says:

    Sorry, k fischer.  From AR 190-47.

    (5) Electric hair clippers and shavers will be used exclusively.

  10. k fischer says:

    Electric hair clippers?  You can’t slit his throat by accident with those things.  Plus, straight razors are carbon neutral……