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Attorney: Hasan May Use Insanity Defense

Hasan's attorney would be dumb to not consider using the insanity defense but, still, there's something unseemly about the fact that the mainstream media have been making an insanity defense the past few weeks as they insisted Hasan was not a militant Islamist but a nutter.

An Army psychiatrist accused of killing 13 people during an attack on his Texas post will likely plead not guilty to the charges against him and may use an insanity defense at his military trial, his attorney said Monday.

John Galligan, the civilian attorney for Maj. Nidal Hasan, said he is considering an insanity defense among other options, but that it's too early to determine his defense strategy.

"Based on the evidence thus far, his mental status must be raised," Galligan told The Associated Press by phone from his office near Fort Hood, about 130 miles southwest of Dallas. "Anybody who allegedly engages in conduct that is completely contradictory to his lifestyle and military career--an insanity defense has to be considered."

Now, here's the question: will Hasan allow his attorney to argue this defense? We have learned since Hasan's massacre that he was in contact with some very radical jihadis who praised his actions. To use the insanity defense is to run away from the cause these radicals hold so dear.

It will be interesting to see if he will try to save his butt from the death penalty or if he'll go all out and declare "Allahu Akbar" in court the same way he did when he shot his fellow soldiers in the back.


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Comments (15)

With the ridiculous unprece... (Below threshold)
recovering liberal democrat:

With the ridiculous unprecedented decision to bring the Gitmo terrorists to civilian criminal court. What is to stop Hasan's lawyer from arguing that Hasan should have a civilian criminal trial? After all he is an American citizen.

He shoulda payed His taxes.... (Below threshold)
914:

He shoulda payed His taxes.. Than..? err.. Forget it!

recovering liberal democrat... (Below threshold)

recovering liberal democrat, in this case the UCMJ will ensure he's tried in military court. He was in uniform on a military base and killed fellow soldiers.

I do believe they could charge him with treason pretty easily too...and a few dozen other charges.

Mind you, Hasan' lawyer WILL try to get the mutt turned loose on society...it's what scumbag lawyers do!

Of course this would mean "... (Below threshold)

Of course this would mean "radical Islam = insanity". How will the PC crowd react to that?

Justrand,The adminis... (Below threshold)
recovering liberal democrat:

Justrand,
The administration threw out the Constitution and pulled the terrorist out of the hands of the military. There is nothing to stop Hasan's lawyer from taking the case to the SCOTUS. If "O" is able to appoint another liberal to the SCOTUS in place of an original-ist it's ball game over on everything. Which is the objective of "O" and Holder and their ilk.

"If "O" is able to appoi... (Below threshold)
Victory is Ours:

"If "O" is able to appoint another liberal to the SCOTUS in place of an original-ist it's ball game over on everything. Which is the objective of "O" and Holder and their ilk"

Quiver.

Vic

vic "Quiver."... (Below threshold)
Marc:

vic "Quiver."

Been salivating over chris matthews again haven't you?

Tingle and quiver... about the same in your case.

Unlike most Americans, I do... (Below threshold)
JC Hammer:

Unlike most Americans, I don't believe that something is true just because the government says it. Until a jury and the media examine the facts, we have no idea whether Mohammed is guilty of anything. As far as we know, he could be nothing more than a poster child for Pakistani bed-head. Moreover, my distrust multiplies in direct proportion to the number times a suspect has been waterboarded (in KSM's case, at least 183).
Anyway, it's interesting to watch "law and order" conservatives like Rudy Giuliani talk away basic legal rights like habeas corpus. "Mohammad should be tried in a military tribunal," Giuliani says, "He is a war criminal. This is an act of war." No, Mr. Mayor, he's not. And this is no war. Had an actual war been declared, a nation-state would have attacked us. 9/11 was a criminal act, and a terrible one: mass murder, air piracy and property damage. Until Khalid Sheikh Mohammed is tried and convicted in a court of law, however he is an alleged criminal, innocent until proven guilty. Where'd this Giuliani guy go to law school, Wal-Mart?

"Until a jury and the media... (Below threshold)
Jim Addison:

"Until a jury and the media examine the facts, we have no idea whether Mohammed is guilty of anything."

Are you nuts? If you are speaking of legal "guilt," what does the media have to do with it?

We do know that KSM bragged about his role in the 9/11 attacks before he was captured, and never denied it at any time. Even his attorney doesn't dispute that.

However, we also know he and his co-defendants plan to use the trial as a platform to promote their Islamist views. Thanks, Obama! Moron . . .

I am waiting for the dems t... (Below threshold)
retired military:

I am waiting for the dems to lose the 2010 elections. Reid's parting gift will probably be 2 additional SCOTUS judges for "Diversity sake" and "represent the views of more "facets of american life". After all Congress sets the number of judges which sit on the Supreme Court.

-----

JC

That mindset is what got us 911 in the first place. But keep on thinking it.

The next "criminal act" in this nonwar may be a nuke where you live. Then maybe people will realize that we are in a real war and we wont have to hear from you yapping about it being a criminal act anymore.

It is hard to argue that a ... (Below threshold)
Matt:

It is hard to argue that a sane person would kill 13 and wound 30 people. It could be argued that giving away his property, even beloved Korans, was the sign of somebody that was mentally unstable and suIcidal at the time etc... Blah, Blah, Blah. If the trial is moved into the civilian arena, it will be come another dog and pony show and a referundum on U.S. policy.

Maybe they are paving the w... (Below threshold)
epador:

Maybe they are paving the way for when the Obama Administration goes on trial.

"...we have no idea whether... (Below threshold)
GarandFan:

"...we have no idea whether Mohammed is guilty of anything."

Spoken like a true liberal. That handgun 'magically' appeared in his hand. That handgun 'magically' began firing at unarmed soldiers.

I suppose Hasan was trying to wrest control of the handgun away from itself?

" Until Khalid Sheikh Moham... (Below threshold)
914:

" Until Khalid Sheikh Mohammed is tried and convicted in a court of law, however he is an alleged criminal, innocent until proven guilty. Where'd this Giuliani guy go to law school, Wal-Mart"

This post is about the murderer Hasan ali.. Not Kahlypso mohammed. Get Your muslim terrorists straight.

If Rudy got His law degree from a bubble gum machine id trust his tenacity way more than a liberal community activist.

Mind you, Hasan' l... (Below threshold)
James H:
Mind you, Hasan' lawyer WILL try to get the mutt turned loose on society...it's what scumbag lawyers do!

Actually, his Hasan's attorney, John P. Galligan, is a retired colonel. He defends his client. That's what a defense attorney does.




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