
Maj. Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting, is seen in this undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram. / AP Photo/Bell County Sheriff's Department via The Temple Daily Telegram
FORT HOOD, Texas An Army appeals court has ruled that the Fort Hood shooting suspect can have his facial hair forcibly shaved off before his murder trial.
The U.S. Army Court of Criminal Appeals' opinion issued Thursday upheld the military trial judge's decision to order Maj. Nidal Hasan to appear in court clean shaven or be forcibly shaved.
It also ruled that Col. Gregory Gross, the judge, properly found that the federal Religious Freedom Restoration Act doesn't give Hasan the right to have a beard while in uniform at trial.
"Forced shaving is not a novel concept in the military," military attorneys said in the judge's response filed with the U.S. Court of Appeals for the Armed Forces earlier this year. "Army regulations expressly authorize nonconsensual haircutting and face-shaving for recalcitrant incarcerated soldiers. ... If the judge has authority to bind and gag a disruptive accused (soldier), then certainly he has authority to forcibly shave (Hasan)."
Hasan has said the beard is an expression of his Muslim faith. His attorneys say they'll appeal the ruling.
Hasan faces the death penalty if convicted in the 2009 attack on the Texas Army post that killed 13 and injured over 30 others.
The beard first became an issue in June, when he surprised the judge by showing up in court with the facial hair.
Military regs DO forbid beards so if he was so uncomfortable without one, why did he remain a serviceman so long?
They don't let Orthodox Jews wear skullcaps, so why should Hasan be allowed a beard? (forbidding both is idiocy but that's not my call)
In any case, it is far more important to try him and, if he is found guilty (pretty much a foregone conclusion), penalize him than it is to worry about some hair.....
Get on with the trial and sentencing of this "alleged" killer.
His beard is the only thing keeping him from a death sentence and he knows it.
As soon as he realized that his faith was more important to him than his military career and his country, he should have resigned his commission, renounced his citizenship, and moved to one of the Islamist countries. But instead he killed lots of people and then whined that we were not respecting him and his religion. Shave him, try him, and hang him.