13 dead and 30 wounded at Fort Hood military base

[tt11758]

One would hope he would just cowboy up and admit it. He is obviousley not stupid. He has to realize that he is looking at "martyrdom" and his 72 camels via lethal injection, or perhaps worse, life in Levenworth. Why not go out with a bang? A final screed against the Great Satan? Its the last time anyone will ever listen to him. Whether he faces a court martial or a Tx. jury, he's screwed either way, no one will buy a "poor pitiful me, my dad beat me with a rake (good for him) and I am mentally ill" defence, so why bother? The only card he has to play is if he can name others and get sent to civilian, rather than military prison. I mean hell, the guys at Levenworth may be thieves, insubordinate, drunks and bully's, but someone who shoots up a bunch of soldiers has got to make the child molestors feel popular.
FQ13

Just out of curiosity, why would you imagine that a soldier, who is accused of opening fire on other soldiers on a military post might be tried in a civilian court?  The only possible reason that comes to mind is the identity of the current Imposter-In-Chief of the military, and the political climate that he and his willful accomplices have engendered.

[tombogan03884]

He is gonna try 'mental issues' like PTSD or now the new Secondary PTSD and I expect him to.  I would not respect him other wise.  Just don't do a bunch of delay and 'poor me' type stuff.

He's a Lawyer, I don't respect him any way.

After all didn't Tom Jefferson defend a traitor or some such (TomBogan will have the details )

 I do know that the Defense attorney for the British troops accused in the 1770 Boston Massacre was John Adams, he won an acquittal for six of the soldiers and reduced charges of manslaughter for the other 2.

http://en.wikipedia.org/wiki/Boston_Massacre#Trial_of_the_soldiers

Jefferson had his former Vice President Aaron Burr tried for treason, at that time the Vice president was the loser of the presidential election

http://en.wikipedia.org/wiki/Thomas_Jefferson

1807 his former vice president, Aaron Burr, was tried for treason on Jefferson's order, but was acquitted. During the trial Chief Justice John Marshall subpoenaed Jefferson, who invoked executive privilege and claimed that as president he did not need to comply. When Marshall held that the Constitution did not provide the president with any exception to the duty to obey a court order, Jefferson backed down.

one interesting note I found in the article,

Jefferson and Madison rallied support by anonymously writing the Kentucky and Virginia Resolutions, which declared that the federal government had no right to exercise powers not specifically delegated to it by the states. The Resolutions meant that, should the federal government assume such powers, its acts under them could be voided by a state. The Resolutions presented the first statements of the states' rights theory, that later led to the concepts of nullification and interposition.

[Hazcat]

SEE!  I KNEW Tom would have the details! 

Tom, Do you think Adams was wrong for defending them?

[tombogan03884]

SEE!  I KNEW Tom would have the details!  

Tom, Do you think Adams was wrong for defending them?

No I don't think Adams was wrong for defending them, From what I have learned, both in school (History of NH class ) and reading since then the troops were genuinely in fear for their safety and the officer approaching yelled "For God's sake don't fire", with the confusion and the crowd jeering at them they probably only heard the one word "fire".
Similar to Haditha, there was much confusion at the time, and politically inspired accusations prior to the trial. Had anyone other than a leading Patriot defended them there would have always been questions as to whether the trial was fair to them or honest in it's result.

FQ and tt, Hasan will get a Court Martial, But he would go to Leavenworth either way, It is a FEDERAL penitentiary, I do not believe it has been a strictly military prison since the 1800's.

[fightingquaker13]

Just out of curiosity, why would you imagine that a soldier, who is accused of opening fire on other soldiers on a military post might be tried in a civilian court?  The only possible reason that comes to mind is the identity of the current Imposter-In-Chief of the military, and the political climate that he and his willful accomplices have engendered.

There are a bunch of reasons, all of them practical. The prosecution has three ways to go.
1) State law for murder assault etc.
2) Federal law for the above crimes because it took place on federal property and the victims were soldiers
3) military law as the accused was a soldier in uniform
The prosecution can pursue any (or if they are feeling vindictive) ALL of the above, without violating double jeapordy as they are three different jurisdictions. The decision is tactical. Where will you get the easiest conviction with the maximum sentence?
FQ13  

[Sponsor]

[tt11758]

There are a bunch of reasons, all of them practical. The prosecution has three ways to go.
1) State law for murder assault etc.
2) Federal law for the above crimes because it took place on federal property and the victims were soldiers
3) military law as the accused was a soldier in uniform
The prosecution can pursue any (or if they are feeling vindictive) ALL of the above, without violating double jeapordy as they are three different jurisdictions. The decision is tactical. Where will you get the easiest conviction with the maximum sentence?
FQ13 

The answer to your question, I'd think, would be in a Court Martial.  That removes the possibility of bleeding heart assholes from the general civilian population serving on this guy's jury. 

Then send him to Leavenworth and let him turn big rocks into little rocks for the next couple of hundred years.

[fightingquaker13]

The answer to your question, I'd think, would be in a Court Martial.  That removes the possibility of bleeding heart assholes from the general civilian population serving on this guy's jury.

Have you BEEN to Killeen Texas?
FQ13

[tombogan03884]

 Killeen Texas is the town where Suzanne Huff's parents and 27 others were murdered in the Luby's Cafeteria.
He would get no sympathy off base.

[tt11758]

Killeen Texas is the town where Suzanne Huff's parents and 27 others were murdered in the Luby's Cafeteria.
He would get no sympathy off base.

He'd never be tried in Killeen in a civilian court for exactly that reason.  Change Of Venue, dudes.

[fightingquaker13]

Killeen Texas is the town where Suzanne Huff's parents and 27 others were murdered in the Luby's Cafeteria.
He would get no sympathy off base.

Yup! I think your odds of getting a juror in Killeen who did not have some connection to either the Luby's killings or Fort Hood are right up there with the odds of me and Tom converting to Islam and getting married, with Rastus presiding at the ceremony. Personally, I'd rather face a court martial where the jury would at least pretend to deliberate.
FQ13