U.S. asks court to deny Fort Hood shooter's appeal
November 19th, 2012
03:47 PM ET

U.S. asks court to deny Fort Hood shooter's appeal

By Jennifer Rizzo

The U.S. government has asked a military appeals court to deny accused Fort Hood shooter Maj. Nidal Hasan's request to keep a beard he has grown and to reject his bid to have the judge overseeing his court martial removed from the case.

Army regulations prevent most soldiers from wearing facial hair while in uniform. Hasan, a practicing Muslim, maintains he has the right to wear the beard under federal law protecting religious rights.

Involuntarily shaving a person is "not a novel concept" and is within the court's rights, the Appellate Government Counsel of the Judge Advocate General's office wrote in a brief for the U.S. Court of Appeals for the Armed Forces.

Hasan did not prove that wearing his beard was "based on a sincerely held religious belief," the filing said.

The brief also raised the concern that Hasan's decision to grow a beard was to make it difficult for witnesses to identify him, calling the timing "questionable."

"In light of the pictures portraying (Hasan) at the time of the offense and presently with a beard, there is no question that his appearance is dramatically different than at the time of the offenses," the government said.

Separately, the filing argued that the judge overseeing the trial, Col. Gregory Gross, is not biased against Hasan, despite defense claims, and that Gross did not interpret Hasan's refusal to shave his beard as a personal attack.

"He is not personally offended about (Hasan) growing the beard," the court document said.

Hasan's lawyers have sought to have Gross removed from the case.

The U.S. Court of Appeals for the Armed Forces postponed the court martial of Hasan, the Army psychiatrist charged with 13 counts of murder in connection with the November 2009 shooting spree at Fort Hood, the sprawling Army post in central Texas.

The move came after his attorneys lost an appeal that upheld the trial judge's order that Hasan appear in court clean shaven. Until this appeal is resolved, the court martial trial remains on hold.

The high-level appeals court is an independent tribunal with worldwide jurisdiction over active-duty members of the U.S. armed forces and others subject to the Uniform Code of Military Justice.

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Filed under: Legal • Military • Nidal Hasan • Terrorism
soundoff (39 Responses)
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  12. ma & pa

    Ha ha. Sheep. This may get edited or blocked, but here goes anyway. From longe-timey-sheepie-shepherdie...girl sheepies run away from such shenannigans. And the male sheepies do not take kindly to any other male of any species chasing their females. Hasan would get head-butted to hands and knees on the ground right quick, and might then expeience what a slow-death tool can do. Tables-turned.

    November 20, 2012 at 8:28 pm | Reply
  13. Sensible human

    HMMM, amazes me, wants to be part of the US military until he gos off the deep end and kills people, now i need to have a beard and be Muslim, so SURELY you wont do anything bad to me, i say let him have his virgins(probably all be sheep anyway).

    November 20, 2012 at 4:53 pm | Reply
  14. USMC'77

    Let him wear his beard OR face his accusers. If he wants the beard, leave him in the orange jumpsuit and let him watch the proceedings via CCTV. His accusers can identify him in the many photographs which already exist. This way, he could go to trial tomorrow and maybe he'd only be a bad memory by December!

    November 20, 2012 at 4:16 pm | Reply
  15. Sophie

    I ponder, yes he was a Army Shrink, but if he was an average Joe, I wonder if justice would of been swifter, however
    possibly not since we still have James Holmes, and the dude who shot Gabby, Such a mess to deal with. I agree to not spending any excessive tax dollars on people like this, just give them prison term at the lowest price going. Sad.

    November 20, 2012 at 12:45 pm | Reply
  16. Robert

    First we hang his Lawyers than shoot him right between the eyes. Yes Sir quick justice USA style.

    November 20, 2012 at 10:46 am | Reply
    • AmericanDan

      Where are the people he shot. OH yeah DEAD where was their chance at a fair trial. I guess we got the wrong guy when we caught him holding the gun and praising ALLAH. If we contiue to close our eyes we will all be wearing beards, and our women will have to cover their faces.

      November 20, 2012 at 3:36 pm | Reply
  17. Jerry

    I don't understand why there is even a trial. Anyone who who plans, plots or executes terroristic activities toward the US should be put to death. Why are we extending the privlige of a trial at tax payers expense.

    November 20, 2012 at 9:39 am | Reply
    • The Guy Who Craps On Your Face While You're Asleep

      Jawohl, mein Fuhrer!

      November 20, 2012 at 10:03 am | Reply
  18. Chris

    As far as I'm concerned, he lost his rights when he killed those people. Why is this taking so long? It's not like they aren't sure he is guilty or not. Everyone knows the man commited the crime. Just sentence him and stop wasting time and money. Our society now is so concerned about hurting people's feelings or offending them (except for Christians and people from this country). We cater to other religions and immigrants. Which is ok, but don't persecute Christians and home grown Americans.

    November 20, 2012 at 9:22 am | Reply
  19. siri dentycopia

    didnt susan rice, hillary & Obuma originally say this fort hood incident was started due to a youtube video? or was it a protest?

    November 20, 2012 at 9:19 am | Reply
    • Marcelo

      You are a moron...

      November 20, 2012 at 11:06 am | Reply
  20. Fifi

    this idiot refuses to respect the uniform that so many have worn with PRIDE defending our great country well. Take his uniform. Take his pay. Take his HEALTH BENEFITS. Lets see mister unamerican take care of himself. Was he in service long enough for a pension?? I dont think so. Take care of yourself you killer. You distgust me. You killed our heroes. People one hundred times better than you can ever dream of being!!!

    November 20, 2012 at 7:12 am | Reply
    • AmericanDan

      Fifi he was educated by the US. He had a trail right to Muslium millants and we let him walk around with firearms on our bases so as not to offend. That is why we do not give these men what they deserve. Insteed we treat all of these people with kid gloves. We need to MAN UP in this country, but we have become complacent , Where is General Patton, Instead of General betrayous.

      November 20, 2012 at 3:54 pm | Reply
      • Garry Ward

        Yes, as sad as it is. America you are building a society that is totally alien to what America stood for not so long ago. This low level muslim swine has all the rights of any US born person. Basically this swine has done nothing wrong, as he has only killed US soldiers. He is a muslim soldier, and the US ones were US soldiers.
        Well America this is only one of a million sleepers you have living and waiting in your very own suberbs, villaqges , and cities. I repeat MILLIONS.
        We in Australia are following closely behind you, and should have a million sleepers soon, god forbid.
        At present, we are still allowed to buy, cook and eat bacon in Australia. For how much longer only allah knows.
        Our school canteens down here are already changing to suit NON PORK EATING immigrants. If any of you guys have a way of making bacon from goat, I would much appreciate some help.

        November 20, 2012 at 4:19 pm |
  21. Fifi

    why is he being the choice to shave at all? Shave him?? Enough? We have spent more government money and much more time debating a shave over religious/military than it took for him to plan and execute the murders of all those innocent people. Can he be discharged from the military and charged for commiting murders on government prop? Leave the damn fuzz on his face a beard is not going to change a witness mind on who shot them.

    November 20, 2012 at 7:04 am | Reply
  22. Marvin Wayne Palmer, Jr

    I'm a vet very disgusting

    November 20, 2012 at 2:59 am | Reply
  23. dave o

    send him to a barber with a sharp straight edge razor, navy seal sounds good.

    November 19, 2012 at 11:49 pm | Reply
  24. ma & pa

    Why do people not seem to get the link from $@%ual energy perverted to violence that drives so many of these murderers? Hasan, 9-11 hijackers, many others watched increasing amounts of porn and pole and lap-dancers as fuel to kill, maybe to get to raype the 72 imaginary virgins when they got to Allah's. Hasan did cowardly jihad on the unarmed defenders of our freedom and he still remains untried, lurking behind a 'stage prop' beard. Everyone, see what a coward he is without porn and the weapons he used to murder and maim unarmed defenders of the system he misuses.

    November 19, 2012 at 11:39 pm | Reply
    • Garry Ward

      Give him 72 virgin pigs with skirts on and plenty of make up. Leave them in his room with him for a week and then arrange a meeting with his so called murderous god via a bullet behind the ear.

      November 19, 2012 at 11:45 pm | Reply
  25. Garry Ward

    Quick shave with a dry razor, smeared in pork fat and shot with a string of pork sausages around his neck. Do you people not take into consideration that this swine murdered innocent people ??

    This Jihadist is a murdering pig with zero compassion or feeling for anyone except his selfish murdering so called religion.

    November 19, 2012 at 7:05 pm | Reply
  26. Name (required)

    a bullet to the head would take care of both problems pretty quickly

    November 19, 2012 at 6:29 pm | Reply
  27. Ken

    A short drop and a quick stop would've had this case over a long time ago. MAJ Hasan being a military member is property of the United States Army and should have been tried under the UCMJ. The POTUS trying to bury the case as 'workplace violence' vs. terrorism is the problem.

    November 19, 2012 at 6:28 pm | Reply
  28. jake

    Give the guy a quick shave followed by a quicker trial.

    November 19, 2012 at 5:25 pm | Reply

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