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by
Stephen Green

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August 8, 2013 - 8:35 am

They say a person who represents himself in court has a terrorist killer for a client, or something like that:

The military judge presiding over the court-martial of Fort Hood shooter Nidal Hasan ruled Thursday that he can continue to represent himself, denying a bid from his legal advisors to take over his defense amid concerns the former Army psychologist is trying to sink his own case to get the death penalty.

The lawyers assisting Hasan, called “standby attorneys,” claim he is trying to get the death penalty and have said it would be “morally repugnant” to help him achieve such a sentence. Hasan admitted in his opening statement that he was the shooter, appearing to be trying to get himself convicted.

If Hasan really wants the death penalty, he ought to be able to simply cop a plea, and I’m sure the UCMJ would be happy to oblige him. No, what he wants is to put on some fancy legal theater and then get put to death. Which is more important? Probably the theater.

I’m reminded of Lee Harris’s classic 2002 essay, “Al Qaeda’s Fantasy Ideology.” Here’s the relevant bit:

The terror attack of 9-11 was not designed to make us alter our policy, but was crafted for its effect on the terrorists themselves: It was a spectacular piece of theater. The targets were chosen by al Qaeda not through military calculation — in contrast, for example, to the Japanese attack on Pearl Harbor — but entirely because they stood as symbols of American power universally recognized by the Arab street. They were gigantic props in a grandiose spectacle in which the collective fantasy of radical Islam was brought vividly to life: A mere handful of Muslims, men whose will was absolutely pure, as proven by their martyrdom, brought down the haughty towers erected by the Great Satan. What better proof could there possibly be that God was on the side of radical Islam and that the end of the reign of the Great Satan was at hand?

In order to play up his own part in this fantasy, Hasan must be seen — in his eyes and in the eyes of his al-Qaeda comrades — to be the master, the conductor of his own trial. He will put on a glorious show, culminating in a glorious death for Allah. This has little to do with suicide-by-courtroom, and everything to do with an agent of radical Islam bending a Western institution to his will. Again.

My completely unsolicited advice to the judge is to keep a tight rein on Hasan’s antics, and to order a media blackout on the trial.

Stephen Green began blogging at VodkaPundit.com in early 2002, and has served as PJMedia's Denver editor since 2008. He's one of the hosts on PJTV, and one-third of PJTV's Trifecta team with Scott Ott and Bill Whittle. Steve lives with his wife and sons in the hills and woods of Monument, Colorado, where he enjoys the occasional lovely adult beverage.

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Top Rated Comments   
My advice would be to assign a competent criminal defense team, and conduct a swift, but fair, trial. It shouldn't take more than a couple of days as it is a very simple case on the facts.

The defendant should be in a nearby room, and present in the courtroom via closed circuit TV. The judge should be able to cut off the sound feed whenever Hasan becomes unruly. The trial should remain public and be broadcast live on national TV.

The picture of Hasan, under the judge's control, and unable to spew his nonsense in the courtroom, would be a powerful symbol to the world of Islam's helplessness before American justice.
1 year ago
1 year ago Link To Comment
I guess I am not nuanced enough to be a lawyer, but I cannot figure out what is "morally repugnant" about Major Hasan being allowed to plead guilty (which is, in effect, what he is doing) to a capital offense? If a person freely admits guilt of a horrible crime and is not incompentent at the time of the crime, why MUST that person plead innocent? What is immoral about allowing Hasan to enter a guilty plea? Lawyers are professionally expected to provide a vigorous defense of their clients, but must that entail violating the client's wish to do so? I think it is morally repugnant that more guilty people do not admit their guilt and accept their punishment.
1 year ago
1 year ago Link To Comment
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All Comments   (21)
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He's still in the US Army right. Then why does he have a full beard? PC has run wild within the US military.
1 year ago
1 year ago Link To Comment
As to Hasan and his dog and pony show trial, it is a mockery of American justice. For if there was any justice in Obama's America, surely the Commander-in-Chief would find a way to issue one 'order' or another to make sure that this 'soldier for Allah' didn't receive his military pension while on trial for jihadi murders! And, the Pentagon is subordinate to the POTUS!

The question really becomes: when is a terrorist really not a terrorist, thus, afforded America's 'due process'? http://adinakutnicki.com/2012/08/14/when-is-a-terrorist-not-really-a-terrorist-at-least-according-to-the-radical-in-chief-his-surrogates-media-too-commentary-by-adina-kutnicki/

Bottom Line: this dog and pony show should never have seen the light of day, except under the watchful eyes of the Islamist-in-Chief and surrogates this is the result. And, that's the truth.

Adina Kutnicki, Israel http://adinakutnicki.com/about/
1 year ago
1 year ago Link To Comment
"If Hasan really wants the death penalty, he ought to be able to simply cop a plea, and I’m sure the UCMJ would be happy to oblige him." Wrong! The UCMJ specifically excludes a "guilty" plea, for an offense for which the death penalty is being sought. Hasan tried to plead guilty, and his plea was denied, for just that reason.

Hasan definitely wants the death penalty. In his opening statement, he declared that he is a "mujahideen", the term for a Muslim warrior engaging in jihad for the sake of Allah. If he dies during jihad, at the hands of the enemy (that’s us), Muslim belief is that he is assured as a “martyr” of immediate entry to paradise, with all its promised hypersexual delights including the well-known 72 virgins, and even an eternal hard-on (really!).

If we convict him, and then execute him, he becomes a Muslim superhero, and little baby jihadists will strive to be just like him. If we actually think about it, then we should lock him up in the sub-basement of our coldest, dankest prison for the next 50 – 60 years he may have otherwise have left, with 72 other rats (the rodent kind) for company.
1 year ago
1 year ago Link To Comment
He wants to die - - Just kill him.
1 year ago
1 year ago Link To Comment
Hasan isn't representing himself. Nobody ever has.

It's not possible to represent yourself. You ARE yourself.

What he's doing is presenting his own defense.

Words matter.
1 year ago
1 year ago Link To Comment
He wants the death penalty; we want him to get the death penalty. Let's get on with it.
1 year ago
1 year ago Link To Comment
Radical Islam my butt Sir! Following Muhammad is what your so called radical Islamists are doing. Following the Koran. Are you writing Muhammad is radical?

Apostates are the only thing radical within Islam.

This believer in the god of the Kaaba is a classic example of where the allegiance of Muslims are. If American citizens, they are citizens on paper only. Islam is being brought into these United States to create change in culture. Just like illegal aliens Marxists.
1 year ago
1 year ago Link To Comment
Death...by old age in a federal prison. Sentence him to life in a prison, and he might last a few years until he gets shanked…crazy ex-army officer jihadist, meet ex-army sergeant, ultra-nationalist, white-supremacist skinhead.
1 year ago
1 year ago Link To Comment
and tell me again how anyone could enter a plea of not guilty when the evidence is clear, he was captured with weapons in hand at scene, and the only problem with this case is that the officer that shot this man, didn't spend a few more rounds put into his brain case.
1 year ago
1 year ago Link To Comment
It's a death penalty case. Judge wouldn't allow a guilty plea (not that familiar with UCMJ, don't know if that's part of the rules or not.)
1 year ago
1 year ago Link To Comment
The judge had nothing to do with it. The UCMJ prohibits guilty pleas for capital cases.
1 year ago
1 year ago Link To Comment
Howdy barry1817 and rbj
Some jurisdictions prohibit a guilty plea in capital cases. I know this applies under the UCMJ and I think at the federal criminal level. It at least was true in NY state, although their death penalty is mostly a Potemkin thing.
The military is taking every precaution to see that Hasan's conviction and sentence, whether death or otherwise, will stand on appeal. Given the diciness of capital sentences, I see their point.
In my own fantasy, the court-martial orders Hasan dismissed, forfeits all pay and allowances, sentences him to time served and dismisses him (officers' equivalent of dishonorable discharge). If his disability has already been ruled "not in line of duty" because it resulted from misconduct, that means he can't get any VA benefit except a bus ride to his home of record. Get him home and leave him to his own devices.
It's not actually a good answer but it has its points...
1 year ago
1 year ago Link To Comment
My advice would be to assign a competent criminal defense team, and conduct a swift, but fair, trial. It shouldn't take more than a couple of days as it is a very simple case on the facts.

The defendant should be in a nearby room, and present in the courtroom via closed circuit TV. The judge should be able to cut off the sound feed whenever Hasan becomes unruly. The trial should remain public and be broadcast live on national TV.

The picture of Hasan, under the judge's control, and unable to spew his nonsense in the courtroom, would be a powerful symbol to the world of Islam's helplessness before American justice.
1 year ago
1 year ago Link To Comment
"The picture of Hasan, under the judge's control, and unable to spew his nonsense in the courtroom, would be a powerful symbol to the world of Islam's helplessness before American justice. "

Perhaps. But I don't think there's any doubt that the Left would use a scenario like that to imply that it wasn't a fair trial because Hasan could say his piece the way he wanted to. Foreign critics would point to it as a mockery of the ideals America is supposed to hold dear.
1 year ago
1 year ago Link To Comment
So what?

The Left will criticize the trial no matter how far the judge bends over backwards to give Hasan a "fair trial". And screw the foreign critics if they don't like it. As long as the trial meets the legal criteria for fairness, who cares what they complain about.

If Hasan truly gets a "fair trial", he's going to end up dead, or in prison for life. If nothing else, the court should show the world that American justice is swift and efficient. If it doesn't, we will be mocked no matter what else happens.
1 year ago
1 year ago Link To Comment
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