Who should try Nidal Malik Hasan -- military or federal courts?

An Army hospital spokesman said today that Nidal Malik Hasan is now conscious and able to talk.

The 39-year-old Army major and combat psychiatrist is accused of unleashing a bloody massacre Thursday when he opened fire at a processing center at Ft. Hood Army military base, killing 13 and wounding 29.

The question now: Who will prosecute him?

Tom Kenniff, a former Army JAG officer and Iraq war veteran who served in Tikrit, said Friday he thought the judge advocate general's office on Ft. Hood will have exclusive jurisdiction over this case. "It's possible he could also be charged by the Feds with committing an act of terrorism, but my guess is the Army will get first crack at him," he said in an online chat for the Washington Post.

But Sunday, Connecticut Independent Joe Lieberman said the Homeland Security Committee he chairs will investigate whether federal officials missed any red flags that Hasan had become a terrorist threat.

“We don’t know enough to say now, but there are very, very strong warning signs (Hasan) had become an Islamist extremist and, therefore, that this was a terrorist act,” Lieberman said on Fox News Sunday.

A finding of terrorism could trigger a decision by the Obama administration to take the case to federal court, and an admission that Hasan's alleged action was the first act of terrorism on American soil since Sept. 11. President Obama flies to Texas on Tuesday to participate in a memorial for the 13 victims.

Murder in either case is punishable by the death penalty, but the appeals process in the military justice system apparently tends to discourage executions. According to  the Houston Chronicle, of the  47 service members charged with murder in recent decades, 15 have received a death sentence, and none has been executed since 1961.

"We're in for a long haul," Scott Silliman, retired career JAG Air Force officer who now directs the Center on Ethics and National Security at Duke University Law School, told the paper. The Army "will not try to move the case too quickly because that might build in a problem down the road."

Meanwhile Hasan's family is asking that he be allowed to consult with a lawyer before speaking to investigators. In a statement Saturday, Eyad Hasan, the suspect's brother, said his family has “faith in our legal system and that my brother will be treated fairly.”

-- Johanna Neuman

Photo: Specialist Braden Purrentine trains a horse in front of flags flying at half-mast for the victims of Thursday's massacre at Ft. Hood. Credit: Reuters

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Comments

[Bren Tierney]

Who should try Hasan?

This is a no-brainer: he is a commissioned officer (a major) in the US Army; his alleged victims were members of the US Army; the alleged offence took place on the largest US Army base in the world.

Now where in any of that might it suggest that a federal court might now need to step in and try him instead of him facing a normal court martial?

[steve rodriguez]

Hasan= Monster not Major!!

[steve rodriguez]

Dear LA Times here's a scoop for you: Hasan is a Muslim, he tried to contact Al Queda, and he's a terrorist! You're welcome, just trying to help!

[redc1c4]

if this Blue Falcon is transferred over from military law and justice under the UCMJ to regular Federal prosecution, it will be undue command influence of the worst sort, and leave your president open to valid and substantial charges as the commander in chief that could lead to his impeachment.

i say we read Maj. Traitor his Article 31 rights, and, since he already has a lawyer, conduct the Article 32 investigation, then convene the court martial for numerous violations under Article 104 & 118, and whatever other charges and specifications might be warranted.

its too bad that, that, in our enlightened times, he is only eligible for lethal injection, since the Army is all about tradition.

redc1c4,
US Army Reserve Retired

[steve rodriguez]

Hasan even killed the unborn!!!

[steve rodriguez]

He was in the US Army, he sided with the enemy! He killed - 13!!!!

[JD]

This major did all the crimes on a Military Base including possibly Terrorism. Whoever wrote that anti terrorism law should had made a rule that says if Terrorism crimes was committed by a member of the military on a Military base then the military courts would be the only jurisdiction to be in charge. I hope this major is found guilty and executed by firing squad. I hope Major Hasan is tried very fast and executed very fast.