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Monday, January 7, 2013

Nidal Malik Hassan - The Fort Hood Murderer

I've been trying to keep up with the U.S. Army's feeble attempts to try "Major" Nidal Malik Hasan for his actions in Nov 2009 - more than THREE YEARS AGO! The apparent foot-dragging in prosecuting this case makes me wonder exactly what is going on behind the scenes.

Are the delays perhaps the results of actions taken (or not taken) in response to directions from the White House or the DOJ? The trial has been delayed twice because Hasan has a beard - which is in violation of Army regulations! If he is still IN the Army, which he is - retaining his rank, and pay (?) of Major, Hasan should be given two choices: (1) he must shave it off, or (2) have MPs remove it from his cowardly, traitorous face. The defense claims that he has the beard for "religious reasons", yet those reasons did not exist for the 13+ years he was in the Army prior to massacring those people at Fort Hood, TX.? Am I the only one who sees something wrong with this picture?

The most recent information I have been able to locate on Hasan's trial, comes from the August 17, 2012 edition of the Killeen (TX) Daily Herald - "A federal judge ordered that evidence against the accused Fort Hood shooter obtained through classified intelligence gathering methods will be allowed in trial.
Lawyers for Maj. Nidal Hasan challenged the constitutionality of using the evidence, stating it constituted an illegal search or seizure and prevented Hasan from confronting his accusers.
Federal Judge Walter Smith denied the request Wednesday after reviewing the evidence and classified information outside of the court.
Smith made the ruling the same day a high military court ordered a halt to all proceedings at Fort Hood until it decides if the judge in Hasan’s court-martial can have him forcibly shaved.
With the high court’s ruling, Hasan’s court-martial has little chance of beginning Monday.
Authorities obtained the unspecified evidence from electronic surveillance that falls under the Foreign Intelligence Surveillance Act of 1978. Though investigators found evidence that may be used against Hasan, the structure of FISA rules appears to indicate that authorities were targeting someone outside the country.
It leads to the possibility that the evidence could be communications between Hasan and Anwar al-Awlaki, the al-Qaida cleric who was slain last year in Yemen. Hasan sent a series of emails to Awlaki in the months leading up to the Nov. 5, 2009, mass shooting on post. It led agents from the Joint Terrorism Task Force to monitor Hasan’s communications, though the 41-year-old Army psychiatrist was never taken in for questioning.
In Smith’s ruling, he states that U.S. Attorney General Eric Holder provided a sworn declaration that disclosure of FISA materials would create a danger to national security. Smith also refused to allow the defense and prosecution to argue the matter.
The ruling marks the end of the federal case, which was transferred to the Waco court because of jurisdictional issues in July."

WHAT?? The crime was committed upon a federal military reservation, against government personnel, by a military officer. Why does the federal government lose jurisdiction based upon FISA information? The purpose of the "Foreign Intelligence Surveillance Act", is to gather intelligence on foreign soil. It is not the fault of the intelligence community that Hasan chose to communicate with someone who was under that surveillance. (File his blunder under "collateral damage", and give him 3 punches on his T.S. Card!) A Military Courts Martial is a type of "federal court". Does the ruling mean that the military no longer has jurisdiction over Hasan? Do the top powers in the administration not wish to see the name of their beloved Islam besmirched? Is this a "Protect Islam at the cost of justice" move from - or directed by -  the White House? In this administration (which has all the transparency of Mount McKinley), nothing should surprise us. Any action that may result in the subversion or nullification of our Constitution by the Obama administration - and it's associated Communists - is totally unsurprising to anyone who is paying the least bit of attention to the goings-on in Washington D.C.

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