tagged w/ UCMJ
-
Congress is set to vote as early as this week on a proposal to repeal the rule barring gays from serving openly in the military. Congress will be making a huge mistake in repealing DADT without taking the time to explore the potential backlash that will take place in the military. There will be tremendous growing pains once this law is repealed. Staunch supporters on both sides of the issue may not be taking into consideration the seriousness of the issues that will arise.Congress is set to vote as early as this week on a proposal to repeal the rule barring... more
-
-
tral81
-
added this
-
2 years ago
- |
-
Hasan likely suffered from secondary PTSD (Post Traumatic Stress Disorder) in listening to the many troops' horrid stories of war as they came to him after returning from war. Fort Hood Private Michael Kern who knew of Hasan tells of his own problems dealing with his killing a child, and how stories like this had to effect Hasan.
Watch the video: http://www.democracynow.org/2009/11/9/when_the_war_comes_homes_iraq
Hasan had tried in vain to leave the military but there was no way once you are deployed as the private says.
Hasan's cousin tells Amy Goodman, "About a week before the incident, he hired a lawyer in order to leave the Army, get married, and live his life. But they rejected his request and asked him to go to Afghanistan. This was the biggest shock for him. So, there’s another reason why he did what he did, not just because of the harassment of the soldiers. There is another reason."
An independent journalist and author Dahr Jamail describes how the military pressures troops to "suck it up" and not admit to any PTSD, which indicates the problem is a "rampant problem." According to Jamail, "And even those that do get help and go get treatment, they find themselves being put back into action anyway. As of last year, more than 43,000 soldiers already listed as medically unfit to be deployed were deployed anyway. We have a situation right now in Iraq where 12 percent of combat troops in Iraq, and then over in Afghanistan 17 percent of combat troops in Afghanistan, are already on psychotropic meds to help them sleep at night and because they have PTSD and severe depression. And this is just that we know of. So, they’re encouraged not to talk about it, not to get help. And then when they do, they simply don’t tend to get the treatment that they need."
Private Kern went on to say that he didn't think anyone at Ft. Hood saw Hasan's religion as the problem, "And even those that do get help and go get treatment, they find themselves being put back into action anyway. As of last year, more than 43,000 soldiers already listed as medically unfit to be deployed were deployed anyway. We have a situation right now in Iraq where 12 percent of combat troops in Iraq, and then over in Afghanistan 17 percent of combat troops in Afghanistan, are already on psychotropic meds to help them sleep at night and because they have PTSD and severe depression. And this is just that we know of. So, they’re encouraged not to talk about it, not to get help. And then when they do, they simply don’t tend to get the treatment that they need.:
Hasan's lawyer requested he not be interrogated until further investigation and doubts there can be a fair trial in light of Obama's Tuesday visit and public statement made by the post commander.
______________________________________________________________________
Retired Col. John P. Galligan said he was contacted Monday by Maj. Nidal Malik Hasan's family and was headed to an Army hospital in San Antonio to meet Hasan.
"Until I meet with him, it's best to say we're just going to protect all of his rights," Galligan said. "There's a lot of facts that still need to be developed, and the time for that will come in due course."
"You've got his commander in chief showing up tomorrow," Galligan said. "That same kind of publicity naturally creates an issue as to whether you find a fair and impartial forum, whether that's in the military or even if it were in a federal forum."
Hasan, 39, is accused of opening fire on the Army post on Thursday, killing 13 people and wounding 29 before civilian police shot him in the torso. He was taken into custody and eventually moved to Brooke Army Medical Center, where he was in stable condition Monday and able to talk, hospital spokesman Dewey Mitchell said.
______________________________________________________________________
But Hasan has not yet been charged. Meanwhile the AP reports that a 9/11 terrorist contact praised Hasan's actions, which exacerbates the widespread hatred toward Hasan and is exactly the kind of reporting that makes for this issue of him being unable to get a fair trail.
http://www.google.com/hostednews/ap/article/ALeqM5ihGepAkECGoDagETVBMpPb3w7Y3gD9BS96PO2
Military justice experts agree that this trial will be a long complicated proceeding. His physical and mental health will first have to be evaluated and will likely cause a delay of many months. He will be tried under the military justice system, not civilian law, unless there are findings that he was operating as an international terrorist, in which case he'll be transferred for federal prosecution under ant-terrorism laws.
If he remains in military custody it's unlikely he'll get the death penalty since the military justice system's lengthy appeals process has effectively thwarted all executions since 1961.
Hasan has not yet been charged with any crime either civilian or military. Richard Durbin, chief of the criminal section for the U.S. Attorney's Office in San Antonio declined to comment on Sunday.
Because of the high publicity the Army will offer his defense a "wide latitude."
The Houston Chronicle reports the following:
____________________________________________________________________
“We're in for a long haul,” said Scott L. Silliman, a retired career JAG officer in the Air Force who now directs Duke University Law School's Center on Ethics and National Security....
What's likely to occur is a court-martial under Article 2 of the Uniform Code of Military Justice, to punish offenses allegedly committed by a man wearing a U.S. military uniform against other military personnel on a military base. The Army's Criminal Investigation Division is responsible for recommending charges, prompting the military equivalent of a grand jury, known as an Article 32 hearing, where both prosecutors and defense can present evidence.
Those results would be reviewed by base commander Cone, who would decide whether to convene a court-martial. The 12-person jury would be composed of officers higher in rank than Hasan – lieutenant colonels and above.
Under the rules of military justice, Hasan is permitted to have a lawyer present during interrogation, but former military lawyers say that the Army psychiatrist cannot be questioned by Army Criminal Investigation Division agents until doctors formally deem him medically and mentally able.
“A doctor would have to certify that the suspect is competent to decide whether to remain silent, speak to investigators or ask for a lawyer,” Silliman said. “He would have to be able to make an intelligent and informed decision before waiving any of his rights.”
....One military justice expert also predicted that an insanity defense is unlikely. Silliman said the standard for an insanity defense under the Uniform Code of Military Justice is that the suspect “cannot comprehend the wrongfulness of his actions.”
____________________________________________________________________
Hasan's family demands that he be allow to speak to a lawyer before investigators or any mental health evaluation.
The Chronicle also reports that the trial will likely be moved from the Ft. Hood location because of the "climate" there and the large number of local victims.
Image: Kileen prepares for Obama's visit Tuesday
http://www.chron.com/disp/story.mpl/nation/6710592.htmlHasan likely suffered from secondary PTSD (Post Traumatic Stress Disorder) in... more
-
-
Bush's shadow army in Iraq. Private heavily armed US mercenary soldiers in Iraq, New Orleans (after Katriina) and Africa - very frightening development. WATCH THIS VIDEO - YOU WILL LEARN MUCH! Blackwater:The Rise of the World's Most Powerful Mercenary Army filmed in Chicago by Paul Hubbard, June 16, 2007 Bush's shadow army in Iraq. Private heavily armed US mercenary soldiers in Iraq,... more
-
-
PHubb
-
added this
-
4 years ago
- |
