And so it begins…

If lawyers were running the Hasan defense, I’d be able to talk about their likely defenses, the manner in which they would handle witnesses and victims, and the motions and objections they’d make in order to preserve issues on appeal. It would probably be illuminating to see how they package the defense for the panel (jury).

But, lawyers aren’t running the Hasan defense team. He is.

So, expect to witness a complete train wreck. This will be a case where the accused flails with his own theories, whether they are persuasive to the panel or not. Meanwhile, prosecutors and the military judge will endeavor to minimize the number of appellate issues.

From an educational standpoint, this case is of little value. On the other hand, if you are a huge fan of the Maury Povich Show, this case is made for you.

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One thought on “And so it begins…

  1. Or, if you are related to a victim, as I am, then it goes beyond educational value. Seems to me there are issues here that could be intelligently addressed. I wish you would!
    The POTUS talks about sexual misbehavior in the military, and you write about that…how it can be used by defense as undue command influence (or something). Is his failure to deplore this massacre a good thing, legally? There doesn’t seem to be much wiggle room on appeal with Hasan saying he did it, so I doubt if ” undue command influence” will fly here, will it? Is Hasan going to lose his $300,000 pay accumulated since the murders when he’s convicted? Is it necessary for the military to put all these living victims through testifying, or could they shortcut?
    How about addressing the ” workplace violence” v. terrorism issue? Will the dead be awarded medals when the trial is over? Can they be? Can the government reclassify these murders? When?

    Maury Povich? Really? You think that’s appropriate, Eric?

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