Hasan's Lawyer: Withhold Questions for Now

Lawyer for Fort Hood Shooting Suspect Expresses Doubt that Hasan Would be Able to Get a Fair Trial

(CBS/AP)  A lawyer for the Army psychiatrist accused in a deadly shooting spree at Fort Hood, Texas, said Monday he asked investigators not to question his client and expressed doubt that the suspect would be able to get a fair trial, given the widespread attention to the case.

Retired Col. John P. Galligan said he was contacted Monday by Maj. Nidal Malik Hasan's family and was headed to an Army hospital in San Antonio to meet Hasan.

"Until I meet with him, it's best to say we're just going to protect all of his rights," Galligan said.

Hasan, 39, is accused of opening fire on the Army post on Thursday, killing 13 people and wounding 29 before civilian police shot him in the torso. He was taken into custody and eventually moved to Brooke Army Medical Center, where he was in stable condition Monday and able to talk, hospital spokesman Dewey Mitchell said.

CBSNews.com Special Report: Tragedy at Fort Hood

Galligan said he didn't know if Hasan had been medically cleared to talk.

"There's a lot of facts that still need to be developed, and the time for that will come in due course," he said.

Authorities won't say when charges would be filed or if Hasan would face military justice.

Galligan questioned whether Hasan could get a fair trial in either criminal or military court, given President Barack Obama's planned visit to the base on Tuesday and public comments by the post commander, Lt. Gen. Robert Cone.

"You've got his commander in chief showing up tomorrow," Galligan said. "That same kind of publicity naturally creates an issue as to whether you find a fair and impartial forum, whether that's in the military or even if it were in a federal forum."

Authorities say Hasan fired off more than 100 rounds at a soldier processing center. Fifteen victims remained hospitalized with gunshot wounds, and eight were in intensive care.

Authorities continue to refer to Hasan as the only suspect in the rampage, but they have said they have not determined a motive. A spokesman for Army investigators did not immediately respond to calls and e-mails seeking comment Monday.

A radical American imam living in Yemen who had contact with two Sept. 11, 2001 hijackers praised Hasan as a hero as a hero on his personal Web site Monday.

The posting on the Web site for Anwar al Awlaki, who was a spiritual leader at two mosques where three Sept. 11 hijackers worshipped, said American Muslims who condemned the Fort Hood attack are hypocrites who have committed treason against their religion.

Awlaki said the only way a Muslim can justify serving in the U.S. military is if he intends to "follow in the footsteps of men like Nidal."

"Nidal Hassan (sic) is a hero," Awlaki said. "He is a man of conscience who could not bear living the contradiction of being a Muslim and serving in an army that is fighting against his own people."

Two U.S. intelligence officials told The Associated Press the Web site was Awlaki's. They spoke on condition of anonymity to discuss intelligence collection. Awlaki did not immediately respond to an attempt to contact him through the Web site.

Hasan's family attended the Dar al Hijrah Islamic Center in Falls Church, Virginia, where Awlaki was preaching in 2001. Hasan's mother's funeral was held at the mosque on May 31, 2001, according to her obituary in the Roanoke Times newspaper, around the same time two Sept. 11 hijackers worshipped at the mosque and while Awlaki was preaching.

The Falls Church mosque is one of the largest on the East Coast, and thousands of worshippers attend prayers and services there every week.

Imam Johari Abdul-Malik, outreach director at Dar al Hijrah, said he did not know whether Hasan ever attended the mosque but confirmed that the Hasan family participated in services there. Abdul-Malik said the Hasans were not leaders at the mosque and their attendance was normal.

Fort Hood officials said the country's largest military installation was moving forward with the business of soldiering. The building where Hasan allegedly opened fire remains a crime scene, but a processing center is scheduled to reopen Thursday in a new, temporary location.

Command Sgt. Maj. Arthur L. Coleman Jr. said Monday that reopening the center is an important step in returning the Army post to normal. Cone said the post stepped up security, including suspending visits by the public, largely to reassure the population that the sprawling base is safe and won't "become a battlefield."

More Coverage of the Tragedy at Fort Hood:
Counseling for Trauma, Grief at Ft. Hood
Ft. Hood Shooting: Composure Under Fire
Report: U.S. Knew Hasan Sought al Qaeda
Radical Imam's Web Site Praises Hasan
Fort Hood Reflects, but Work Carries On
Hasan Computer Shows No Terror Ties
List of Fort Hood Dead, Wounded

[michaelm07]

His family says he was a good boy, yet he shot up Ft Hood and yelled "God is Great" beforehand. There is a much bigger story here as this all develops. So many signs were missed by people derilect in their duties. Heads should roll. I wihs this country would put more stock into what a persons actions say, rather than what their words say or mean. But then again our president is the best example now, isn't he. All talk and not much else. Words, with no meaning. Promises, with no follow through except for those things that are running the country into the ground. Nero fiddles, while Rome burns.

[50BMS13]

Your absolutely correct on all counts. Obamas "politically correct" administration is doing untold damage. Oh but he did have time to fly Airforce 1 to Copenhagen to look good in an Olymic Quest for Chicago. Hasn't been to FT.Hood yet though huh?

[mljohns00]

How about we try Bush, Cheney, Rumsfeld, and Hasan together? I'm pretty sure at least three of them would be convicted of terrorism.

[50BMS13]

Bush, Cheney, and Rumsfeld are great patriots. Their strong leadership is what has kept America safe. America is now in danger because of weak apologetic leadership. When you atart apologizing to the muslim world and start yacking with Chavez and Ahmadinejad like Obama does, they do not respect or fear you. The muslim mullahs are more convinced than ever that they are right. We need STRONG government in this post cold war era. Bush, Cheney, Rummy....doesn't get any better than that unless you put Reagan in there.

[michaelm07]

Okay, here's more of the hand wringing, shrill "blame Bush, blame Bush, ..." crowd. Obama is the President and this guy is who he is and did what he did. String him up. I am tired of hearing about fairness and rule of law - be afforded more to the perp than to the victims. Libs are quick to turn this P.O.S. shooter into a victim.

[CitizensOnPatrol]

There is a large difference between FAIR trial and a trial resulting in a FAVORABLE outcome for the Defendandant. He will get a fair trial, but obviously it won't result in a favorable situation for him. It says alot when the defense attorney makes his first statements this way, it says to me "I know he is guilty and I can find now reason why anyone else should find him innocent..at all".

The fairest trial that he had was unfortunately a failed attempt, Hasan lived. He will now live on support of some type and possibly watched for suicide. The irony is the lawyer is probably worried about him getting the death penalty when it would be impossible to fathom an active shooter on a U.S. Military base would be a survivor after the smoke of gun fire cleared. Hasan I'm sure already reconciled himself to death on simply starting the attack.
What a screwy system when this would be the public defense statements from a lawer...and they hold water in some circles...???

[SocietysNightmare]

I say again ..... trial by JUDGE. It holds water in many circles my friend, as it should. Let's see ........ A MUSLIM psychiatrist treating disgruntled soldier recently back from Iraq. I'm inclined to believe that he was harrassed. That's not a stretch at all. Soldiers have a tendency to RUN OFF AT THE MOUTH. Usually more than they should. While I don't condone how Dr. Hasan chose to address the matter, I can understand why he may have been driven to such an extreme. And a JUDGE could understand as well. This is why the JURY trail is a joke in the modern world. People allow emotion to get the better of them. Shame about it.

[50BMS13]

Agreed...if he gets a civil court with a judge not jury and does not have to face a court marshall he will get off. Only in America...

[Disinfectant]

Why are Muslims more important than Christians and white Americans Mr. Obama? It is quite obvious this is how you feel. So you are president only for people who think and look like you? We are still here and you begged us for votes, so now why do you betray us for Muslim terrorists? You have not an unbiased bone in your body.

I hope we can impeach you for lying to us just to get elected and push your radical agenda.

[50BMS13]

Good post...accurate and truthful

[jwesel1]

So you are president only for people who think and look like you?
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You're barking up the wrong tree here. These comments should have been directed at Bush, not Obama.

[alanrobisch]

Does the lawyer think he should be let free then. He is obviopusly guilty. I can only imagine an insanity defense and if this gets him off this will be one sad day in America

[50BMS13]

I wouldn't be too surprised if he got off on a presidential pardon and invited to the whitehouse for beers...

[SocietysNightmare]

This is why Hassan's attorneys should do EVERYTHING they can to make sure the military doesn't try this case. If the verdict from this case comes from a civilian court, HE WILL WALK. Just as long as the verdict comes from the BENCH and not a JURY BOX.

[aChangeOfIdeas]

50BMS13 - LOL. Best post I read all day.

[50BMS13]

Thank you aChangeOfIdeas.

[alanrobisch]

This must be how Obama helps protect Americans from terrorists. I think that the new kind president has intimidated the people who protect us and left people like Hasan to spread death. Its amazing that the preseident's main goal is to make friends of the Muslims not protect americans

[50BMS13]

Yes indeed. Obama's friendliness to the terrorists has "unloaded" the weapons so to speak of the soldiers who protect us. He just won a Nobel Peace prize for goodness sakes!!! How can he send in 60,000 troops to Afghanistan after that? He can't. This means 30,000 go and the ones going are in more danger. The muslim world laughs at us while they try to load up and become nuclear. When they get the bomb and they will under Obama's administration, they will trade their life for yours in a second. They will not use the restraint Israel uses. Israel could make a parking lot out of those countries right now but do they? No. Ahmadinejad says to wipe them off the map and Obama is going to let Iran become nuclear! We are far less safe with this pie in the sky peace loving muslim promoting administration. We need another Reagan in there. Not sure who that might be yet but we need it badly.

[erich_1-2009]

Stone him and get it over with!

[50BMS13]

LoL your simplicity is wonderful RofL

[michaelm07]

Well said, I agree. Then we can be as compassionate as islam is. What kind of justice would he encounter if there was a muslim system of laws. Our compassion is our weakness. They know it and exploit it.

[50BMS13]

I hope Obama doesn't waterboard him. Put him up at the Ritz Carlton and honor his rights please. He must be well taken care of and given the best legal counsel. Please don't offend him or his muslim brothers and be politically correct. We want to show muslims worldwide how nice and peaceful this administration is and then they will stop trying to kill us. Obamas ways will work. And while we're at it, let Iran go Nuclear as a show of good faith....when they see that gesture of kindness they will stop harboring and supporting all terrorists. Obama has it all figured out and he looks good and presidential while doing it.

[attorneygirl]

Let's give Mr. Hasan the same rights he gave to the innocent victims he violently gunned down in cold blood--which would be absolutely none.

As a lawyer, I am appalled at Mr. Hasan's lawyer's stance. It's not as if we don't all know that Mr. Hasan gunned down all those people and that it was premeditated.

For a crime where there was no mercy shown whatsoever, Mr. Hasan deserves only the minimum the law allows: a speedy trial in front of his peers. Funny thing though, his peers are not American citizens, they are Islamic fanatics bent on killing Americans in the name of Allah.

Because his peers are terrorists, he should be treated like a terrorist.

[50BMS13]

That is why we had a place called Guantanamo. A place to keep the trash off our continent and with the rights of their terrorist peers which is none....oh Obama shut it down? Well, let him go then. Let's see if treating them peacefully ends their ways...Obama has 3 years to show his ways are better than Bush's...

[AndyMaxo]

[The radical imam in Yemen praised Hasan as a hero. He said that
American Muslims who condemned the Fort Hood attack are hypocrites who have committed treason against their religion. "Nidal Hassan (sic) is a hero," Awlaki said. "He is a man of conscience who could not bear living the contradiction of being a Muslim and serving in an army that is fighting against his own people."]
-------
Here is the first man we should go after. He's not very politically is he? He don't care what anybody on earth says or thinks. In the name of Islam he flips everyone in the world off and so what are we going to do about it?

One thing I will not do is to sit quietly by and let him ramble on about how Allah's Muslims should be out killing memberts of my family. I want to see this man's head on a stick. Then, there will be one less poisonous snake crawling around, biting at everybody on earth.
Time to get Yemen to give him up right now. If we could get to him and kill him quickly, we might stop the next springhead from popping up and spouting off about murdering my family and/or more of our people.
The time for political correctness is over. If this man thinks and says that it's OK with Islam to kill Americans, then I say it's OK to kill him.

[SusanStoHelit]

His poor attorney - if this is like usual - this is just some poor sucker who drew the short straw, and is required to defend the murderer, and do it properly (or else a DP verdict could be lost for ineffective counsel). He's got to do the job.

Asking questions now - might get good answers, might get drug induced fantasies - we'll get the answers sooner or later.

[nowhiningallowed]

The questioning of this murdering terrorist shouldn't be stalled, just because Hasan's counsel wants it that way. Let the lawyer be present while the questions are asked. Why give this murderer any time to fabricate answers. Too bad if he won't be able to get a fair trial. Perhaps the lawyer's client should have thought of this before committing his heinous and deliberate crimes.