From NBC News:
A military judge barred Army Maj. Nidal Hasan on Friday from arguing at his court-martial that he was legally acting to protect Taliban leaders when he killed 13 people and injured 32 others in a shooting spree at Fort Hood, Texas, in 2009.
Hasan, who’s representing himself, has said the shootings were a premeditated “defense of others” to safeguard Mullah Mohammed Omar and other Taliban leaders in Afghanistan from attacks by the U.S. military.
Hasan, 42, a Muslim-American Army psychiatrist, faces the death penalty if he is convicted in the Nov. 5, 2009, shootings.
The judge, Col. Tara Osborn, said Friday that Hasan’s argument “fails as a matter of law” and barred him from alluding to it in any way because the legitimacy of U.S. involvement in Afghanistan is “a non-justiciable political question not before the court,” the Killeen Daily Record reported.
More at the link.
Colonel Osborn is right on the law, but your Editor notes that she is “right” on Obama Administration policy as well. Had Major Hasan been allowed to raise his “defense of others” tactic, he would be saying, in court, that he was taking military action against United States forces in a time of war precisely as a part of that war, on behalf of the enemy. Not only would he be admitting to having committed treason, something with which he has not been charged.
But, more importantly, that should force the government’s hand on another issue. THE FIRST STREET JOURNAL has noted previously that the Obama Administration has classified Major Hasan’s attacks as “workplace violence” rather than a terrorist or enemy attack and that such classification means that none of the military victims will receive the Purple Heart.
I do not know the reason for the Obama Administration’s position that Major Hasan’s attack was not a terrorist attack. Maybe the President thinks that this will somehow avoid offending Muslims — as though they are somehow not offended by the United States killing Islamist leaders through drone attacks or waging war against them on the ground in Afghanistan — or maybe he believes that this will somehow cast doubt on the loyalty of other Muslim soldiers, or maybe he just doesn’t want to pay the additional benefits. Whatever the President’s reason is, it is just plain stupid.