That Hasan has rested without presenting a case.

Any confirmation, besides this?

http://www.cnn.com/2013/08/21/justice/nidal-hasan-court-martial-wednesday/?hpt=hp_t2

11 Responses to “Rumor has it”

  1. Bill Cassara says:

    Tis true.  The guy is either really trying to be a martyr, or he is a genius who will get up at sentencing and say “what I did was awful.   That is why I have not contested what the government has said.   So please give me credit by sparing my life.”  My bet is on the former, but we shall see. 

  2. Some Army Guy says:

    What a nightmare of a case.  He wanted to die in November 2009.  Now he’s rolled over and wants to be a martyr in our broken capital UCMJ system.
     
    The question is: If he wants the death penalty, do you argue for it as the government or adjudge it as the panel?

  3. AFJAGCAPT says:

    Based on his health problems, it seems unlikely to me (in my wholly UNqualifed medical opinion) he will live long enough to be executed if the death sentence is handed down. While I think the death is very much deserved, practically LWOP is just so much easier and more likely to avoid and even more protracted appellate process.
    Beyond that, if he wants a death sentence, I don’t think I want to give it to him. Is a death sentence really a deterrent to future jihadist turncoats? Far better that he rot in a cell until his injuries get him.

  4. ContractLawyer says:

    So, what is the over/under for Hassan?

  5. Some Army Guy says:

    AFJAGCAPT says:
    August 21, 2013 at 3:11 pm
    Beyond that, if he wants a death sentence, I don’t think I want to give it to him. Is a death sentence really a deterrent to future jihadist turncoats? Far better that he rot in a cell until his injuries get him.
     
    I agree with you — almost.  My only issue is, if this case isn’t worthy of the military death penalty (and the similar Akbar case), what is?  This is as heinous as it gets — in uniform, shooting down your brother in arms, because of loyalty to a foreign cause.

  6. AFJAGCAPT says:

    Some Army Guy: Completely agree with you on the aggravated nature of the offenses and them meriting the most severe sanction available. This is far worse even than US v. Witt (discussed a couple days ago in a post). I guess maybe I am questioning the efficiency (not the morality or justness) of capital punishment in our system. I just really don’t want to see CAAF bust this case on sentencing because of all the issues Hasan has already built in (e.g. the beard and the self-representation) and have the Army forced to drag wounded folks back into this trauma years down the road. I can see that such a position, if adopted, means that maybe I am (functionally) saying capital punishment doesn’t work in our system. I don’t want that to be the case, as I again agree that if any crimes cry out for execution, it’s these. However, based on the number of times these cases actually get to execution of sentence (hasn’t happened since the Kennedy Administration), I’m not sure it’s something that will ever actually happen.  

  7. Some Army Guy says:

    I think we see this the same.

  8. Christopher Mathews says:

    @ AFJAGCAPT:  Major Hasan apparently wants to die.  I think we can infer that the government is not averse to that outcome, this being a capital referral and all.
     
    Win-win.

  9. Jr says:

    How will it impact the appeal process if Major Hasan does not want to reverse the sentence? Will his lawyers still argue for reversal? 

  10. Contract Lawyer says:

    If Hasan explains that he stood back during the merits case out of respect for the victims and presses some E&M during sentencing, he may have a shot at LWOP.  There are 13 jurors and all he needs is one.  I think that is an uphill battle and I believe he will get death.  I believe the TCs have engineered the trial carefully so that there will not be any reversible errors.  The big appeal issues I see regards the beard and ineffective assistances of counsel.  I am not sure how it will look for someone appealing the fact that they were ineffective in a pro se capacity, but it is worth a shot.  Another possible challenge is against the death penalty or the UCMJ’s process.  I will point out that firing squad and hanging is still legal and that ought to be considered.