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	<title>Comments on: Attorney for army major who allegedly killed 13 starts blog on the case</title>
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	<link>http://www.firstamendmentcoalition.org/2010/03/attorney-for-army-major-who-allegedly-killed-13-starts-blog-on-the-case/</link>
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		<title>By: Wayne Martin</title>
		<link>http://www.firstamendmentcoalition.org/2010/03/attorney-for-army-major-who-allegedly-killed-13-starts-blog-on-the-case/comment-page-1/#comment-9845</link>
		<dc:creator>Wayne Martin</dc:creator>
		<pubDate>Wed, 10 Mar 2010 23:20:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstamendmentcoalition.org/?p=6620#comment-9845</guid>
		<description>Every one who is accused of a crime has a right to a defense, but not the right to a fantasy as a defense. Having read the postings, and comments on this web-site, it seems like the defense attorney (a former military officer) is trying to walk around the &quot;gag order&quot;, and even beginning to act like he believes that Maj. Hassan is innocent.  He has even gone so far as to claim that: &quot;the prosecution is looking like it is going to ask for the death penalty&quot; (or words to that effect).  What in the world would any rational person believe would be the penalty for an officer killing 13 (or more) fellow soldiers?  A few months in &quot;rehab&quot; and maybe a transfer to a less stressful job?

Here&#039;s what happend during WWII, when the German sabateours were tried in a military court:

http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/fisher-louis2.htm

Chapter 3 delineates the reasons why a military tribunal was established to try the Germans and how it would operate.  Less than a week after the last of the saboteurs was arrested, President Franklin Roosevelt issued a proclamation creating a military tribunal to prosecute the Germans.  Besides being Roosevelt&#039;s preference, the military court was seen as the best option, because it would prevent immediate notification to the public that German submarines had reached
American shores undetected and because it could recommend the death penalty for the perpetrators.   The proclamation forbid the Germans access to civil courts, directed the Attorney General to handle the prosecution, and permitted a two‑thirds vote for conviction and sentencing, all of which were inconsistent with existing judicial procedure.  Although defense lawyers petitioned for review of the constitutionality of President Roosevelt&#039;s proclamation, the request was rejected by a federal district court.  After nineteen days of hearings and two days of deliberation, the tribunal recommended death for all eight Germans.  Less than a week later, six of eight were electrocuted in Washington, DC.

And no Americans were killed during their attempt to inflitrate wartime America.

Military justice is not about giving the accused a platform to make political statements.  It&#039;s about securing a conviction of the guilty, and getting on with the job the military has to do. (Oh, and yes, people are acquited in Military Courts.)  

This guy sounds like he has forgotten what it means to be an Army Officer.</description>
		<content:encoded><![CDATA[<p>Every one who is accused of a crime has a right to a defense, but not the right to a fantasy as a defense. Having read the postings, and comments on this web-site, it seems like the defense attorney (a former military officer) is trying to walk around the &#8220;gag order&#8221;, and even beginning to act like he believes that Maj. Hassan is innocent.  He has even gone so far as to claim that: &#8220;the prosecution is looking like it is going to ask for the death penalty&#8221; (or words to that effect).  What in the world would any rational person believe would be the penalty for an officer killing 13 (or more) fellow soldiers?  A few months in &#8220;rehab&#8221; and maybe a transfer to a less stressful job?</p>
<p>Here&#8217;s what happend during WWII, when the German sabateours were tried in a military court:</p>
<p><a href="http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/fisher-louis2.htm" rel="nofollow" onclick="pageTracker._trackPageview('/outgoing/www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/fisher-louis2.htm?referer=');">http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/fisher-louis2.htm</a></p>
<p>Chapter 3 delineates the reasons why a military tribunal was established to try the Germans and how it would operate.  Less than a week after the last of the saboteurs was arrested, President Franklin Roosevelt issued a proclamation creating a military tribunal to prosecute the Germans.  Besides being Roosevelt&#8217;s preference, the military court was seen as the best option, because it would prevent immediate notification to the public that German submarines had reached<br />
American shores undetected and because it could recommend the death penalty for the perpetrators.   The proclamation forbid the Germans access to civil courts, directed the Attorney General to handle the prosecution, and permitted a two‑thirds vote for conviction and sentencing, all of which were inconsistent with existing judicial procedure.  Although defense lawyers petitioned for review of the constitutionality of President Roosevelt&#8217;s proclamation, the request was rejected by a federal district court.  After nineteen days of hearings and two days of deliberation, the tribunal recommended death for all eight Germans.  Less than a week later, six of eight were electrocuted in Washington, DC.</p>
<p>And no Americans were killed during their attempt to inflitrate wartime America.</p>
<p>Military justice is not about giving the accused a platform to make political statements.  It&#8217;s about securing a conviction of the guilty, and getting on with the job the military has to do. (Oh, and yes, people are acquited in Military Courts.)  </p>
<p>This guy sounds like he has forgotten what it means to be an Army Officer.</p>
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