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r3020
Senior Contributor

Fair trial or mistrial?

snip-

A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan's defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric.

Intelligence officials do not deny that the report contains information about the cleric, Anwar Al-Awlaki, who is the first American on the CIA’s kill or capture list.

The letter, dated Oct. 19, 2010, was sent by the general counsel for the national intelligence director – the nation’s top intelligence official - to the chief Army prosecutor, Col. Michael Mulligan. It states that the intelligence review requested by President Obama immediately after the shooting last year “is not reasonably available.”

Robert S. Litt, general counsel for Director of National Intelligence James Clapper, cites “highly classified, compartmented, and sensitive information originating with a number of different executive branch agencies” as justification for withholding the document on the shooting, which left 13 dead and more than 30 injured.

In what may be a slight to the defense, the letter states a review of the material would be complicated and the DNI letter strongly hints it will never be produced for Hasan’s defense.

 

http://www.foxnews.com/politics/2010/11/19/obama-administration-denies-request-fort-hood-report-aid-...

42 Replies
GreaTOne_65
Senior Contributor

Re: Fair trial or mistrial?

My g*d, when are you going to learn, NOTHING OUT OF FOX NEWS IS ANYTHING BUT A LIE!! Normal, RATIONAL thinking people have discovered they were of no creditable value as a news source years ago! Switch the channel, stupid!

r3020
Senior Contributor

Re: Fair trial or mistrial?

I also saw a report on ABC news but double checked because of their accountability.

schnurrbart
Veteran Advisor

Re: Fair trial or mistrial?

I don't know a lot about the law--unlike a lot of people on here--but I'm not sure how this could result in a mistrial and I didn't know you were FOR a fair trial necessarily.  I thought you just wanted a conviction.  Evidence NOT included is rarely grounds for a mistrial but certainly for an UNfair trial.  

r3020
Senior Contributor

Re: Fair trial or mistrial?

Bart, I'm not trying to be partisan here, I am curious. May be you know the answer to some of my questions.

 

1) Is a military trial public are is all testimony behind closed doors and never made public?

2) If sensitive intelligence is used does it stay secret?

3) Is the defense entitled to all evidence even if it could compromise US security?

4) Can a court martial trial be appealed?

 

Bart, for the record, I hope the guy fries. This is the ultimate hate crime. I am only interested in a fair trial as I want to uphold the rule of law in this country. There are dozens, if not more, eye witnesses. If this guy doesn't get convicted I don't see how anyone could ever be convicted of anything.

 

schnurrbart
Veteran Advisor

Re: Fair trial or mistrial?

I have no doubt in his conviction and I seriously doubt if much of anything could overthrow the conviction.  Military trials are not closed to the public.  There can be civilians at a military trial.  I'm not 100% sure on the sensitive intel part.  I would believe that if it were classified, only the lawyers and the judge would be allowed to see it and they would have to be read into it and sign non-disclosures.  It would not be aired out in open court.  Same thing would apply in something that could compromise our security.  The accused would not be allowed to see it for sure.  Courts martial can be appealed as in any court.  As for the hate crime, I'm not convinced this guy was a "muslim out shooting US soldiers" as much as he was pissed at the US Military for treating him personally in a bad light (in his opinion).  Could be some of both but don't think he is a "terrorist" in the way most think of terrorists.  I'm sure he will get a minimum of life in prison in Leavenworth.  Maybe even death but then if he is a terrorist, he gets his reward.  I would keep him at hard labor for life if I was the judge.

r3020
Senior Contributor

Re: Fair trial or mistrial?

I agree one you with that....that is if we have any hard labor prisons.

Canuck_2
Veteran Advisor

Re: Fair trial or mistrial?

I agree with your decisions about the death penalty but it should be done away with for all.

Look at it sensibly and you have to wonder how killing anyone will show someone they should not kill.

Show by example.

man of steel
Senior Contributor

Re: Fair trial or mistrial?

 


@Canuck_2 wrote:

I agree with your decisions about the death penalty but it should be done away with for all.

Look at it sensibly and you have to wonder how killing anyone will show someone they should not kill.

Show by example.


Your post shows that you are only looking at the "rehabilitation" side of the justice system. You leave out the punishment side. Many believe there are crimes that are committed that deserve the ultiment price, life.

 


You may dissagree with that view but the least you could do is stop misrepresenting that view/.

Canuck_2
Veteran Advisor

Re: Death penaly


@man of steel wrote:

 

Your post shows that you are only looking at the "rehabilitation" side of the justice system. You leave out the punishment side. Many believe there are crimes that are committed that deserve the ultiment price, life.

 


You may dissagree with that view but the least you could do is stop misrepresenting that view/.


No you do not understand my 'view'. Rehabilitation or punishment makes no difference, killing someone is not going to help anyone.

Killing a prisoner is not going to show someone else they should not kill since that is exactly what 'you', the govenment has done.

Killing a prisoner is only revenge and we all know how revenge is not a good way to act.