Hasan Lawyer: Trial Will Be an Eye-Opener

Says It Will Be Difficult for Suspect in Military Base Shooting to Receive a Fair Trial at Fort Hood

(CBS)  A civilian attorney for the accused Ft. Hood shooter said he believes the court-martial process facing his client will be "an eye-opener" for many Americans who don't understand military justice process.

Retired Col. John P. Galligan, defense attorney for Major Nidal Hasan, said yesterday he did not believe Hasan, who is to be tried in a military court, can receive a fair trial.

When asked this morning on CBS' "The Early Show" why not, Galligan replied, "Well, I don't know if I said that he can't get a fair - I think that would be difficult to achieve at Ft. Hood given the national media attention that's been focused on the Ft. Hood community."

He also said the publicity surrounding today's memorial service at Ft. Hood, which will be attended by the President of the United States, adds to the difficulty. "Any time you've got a high profile case, as this one is, concerns about a fair and impartial jury and where that can be found is going to be present in any defense counsel's mind," Galligan told "Early Show" anchor Harry Smith, "and it should be present in the mind of even the prosecution, because we all want to ensure that a fair and just trial occurs."

Galligan met with Hasan at Brooke Army Medical Center in San Antonio yesterday, where he is recovering from being shot by a law enforcement officer, and said his client is coherent.

"I met with him for about 30 minutes after I received assurances from the attending medical staff that it wouldn't interfere with his medical condition."

CBSNews.com Special Report: Tragedy at Fort Hood

When asked if his client knows what he is alleged to have done, Galligan said, "I haven't even seen a formal charge sheet. Obviously he's aware that he's a suspect in the incident that occurred at Ft. Hood, but there are no formal charges that I could discuss with him. I haven't even been in receipt of the formal charge sheet yet."

Galligan also refused to comment on recent reports that Hasan had shared communications with a radical Muslim cleric, which had been known by investigators previously.

While those communications appeared to be benign, following Thursday's shooting rampage, Anwar al Awlaki - an American-born cleric who now lives in Yemen - praised Hasan as a "hero" on his Web site, anwar-alawlaki.com (which is currently down):

"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," the imam's blog read.

The fact that Hasan is to be tried in a military court suggests that investigators do not believe he is party of a larger conspiracy. When asked if he believed Hasan acted on his own, Galligan said, "I'm not going get into any of the details of the specific charges. I've heard on national media some of the statements that you've just made, but until I see actual evidence and proof - many times, in cases like this, there's a lot of misinformation that's put out, factual statements that are made that are later demonstrated to be not true.

"We're early on in the pretrial stage of the court-martial process, and I think it will be an eye-opener for many Americans who don't understand military justice process. The pretrial discovery is still down the road. As I said, we don't even have a formal charge sheet right now."

"My main purpose in meeting with Major Hasan yesterday was to at least formally introduce myself to him, and I was accompanied by his military defense counsel, Major Christopher Martin." [As a military service member Hasan has the right to military counsel under the under the Uniform Code of Military Justice (UCMJ).]

"Is it possible the government failed to diffuse a ticking time bomb, and might that end up being part of your defense?" asked Smith.

"Again, I think it's premature to really make any statements about that," Galligan said. "My understanding is that the investigation is still active and ongoing with CID and maybe with the FBI. One thing is clear: Before we have a trial, all of that information will be shared with the defense and we'll be able to carefully evaluate it and weigh it in terms of the charges that we ultimately see and any defenses that it might give rise to."

Col. Galligan served in the Army for 30 years and retired in 2001 as a military judge at Ft. Hood. He has handled high profile cases, including the case of Willie Brand, a guard at Bagram Air Base in Afghanistan (which was profiled on "60 Minutes" in 2006), and was interviewed in the documentary "Taxi to the Dark Side."

He said Hasan's family hired him to work with his military counsel because "they want to ensure that he receives as a criminal suspect in the military a fair and impartial hearing, and I think anyone who is touched by the justice criminal process - whether military, civilian or federal or state - wants to ensure the same thing. And what I wanted to assure Major Hasan was that in my role as a civilian counsel, together with the TDS counsel (that's the trial defense service counsel that accompanied me down there), that we were going to ensure that all of his rights under the UCMJ were respected."


More Coverage of the Tragedy at Fort Hood:
FBI Searches for Missed Clues on Hasan
Officials: Fort Hood Shooter Acted Alone
Army Therapists Stretched Too Thin?
Former JAG Officer on Hasan's Good Fortune
Report: U.S. Knew Hasan Sought al Qaeda
Radical Imam's Web Site Praises Hasan
List of Fort Hood Dead, Wounded

[pluckerup]

I guess it really takes a special type person to be a lawyer and to defend somebody like Hasan. I sure as hell couldn't do it.

[50BMS13]

He drew the short straw.

[50BMS13]

The "eye opener" is this: I don't want to hear from one of my fellow soldiers guarding my flank screaming "Allah Ahkbar!" as I take one in the back of my head.

[Ms_enza]

If you take one in the back of the head, you won't hear anything... that's the way it works.

[50BMS13]

Ms_enza...LOL I never thought about it that way but you are right.

[bubbadubba]

Hear this thing I tell you, like the wind in the desert I blow this message into your stinging ear where it will stay for eternity like the sand dunes and blazing sun of the desert(wanted to sound like an arab)...
" When Nissan and others start selling affordable electric cars and 100 plus MPG cars starting next year, the day of domination of the US and obedience by the US by and to oil producing Muslim countries is over."

[bubbadubba]

"U.S. District Judge Cameron Currie said in her ruling Tuesday that the license plates violate the separation of church and state.
The fight over the "I Believe" license plates started shortly after Lt. Gov. Andre Bauer helped push the legislation through in 2008.
Groups including the American-Arab Anti-Discrimination Committee challenged the state's ability to put a Christian religious message on a state license tag."

Islam is a religion of peace and tolerance, just like GW Bush said.
LOL
Not so funny, Muslims now control our courts.
Hey, I am an infidel and proud of it and I will fight to the death to stay an infidel.

[flreason]

All of the victims were military professionals who laid their lives on the line to protect our freedoms. One of those freedoms is the right of an individual to a fair trial before a jury of his/her peers. If we deny those freedoms to any citizen because we are convinced of their guilt and desire revenge, we are no better than the gunman. Vigilante justice is unpatriotic and is a crime, no matter how artfully you wrap the flag around it. If we deny due process to any citizen, we are guilty of undermining the justice system our military was founded to protect and serve. That would be no tribute to the patriotism, honor, and sacrifice of the victims of this crime or any of the rest of the Americans serving in the military.

[toddraz]

An excellent post. As much as I really want this guy convicted and punished appropriatly, I want him tried fairly more.

[babooph]

The "eye opener" trial would have been of Walker he Am Taliban -HIS lawyer had the German video the US propaganda system hid ,then doctored up to alter the truth & even had some narrator lie,after muting the audio...

[bubbadubba]

Upon information and belief, the defense attorney talks and looks like a pig.
Now what is a good Muslim doing with a pig as a lawyer?

[two-cats]

Muslims kill each other all the time. This baloney about not wanting to shoot other Muslims is wrapped up in contradiction. The suicide bombers in Afghanistan and elsewhere routinely kill their own and they think they are going to paradise for it...not only that, they are praised by other Muslims of like thinking. We have been fighting in the middle east since the first Bush presidency. Who did Hasan think he would be fighting when he joined! It would appear that Hasan entered the military to get further education, but he was unwilling to discharge his military duties. He could have been of service to Muslim soldiers but he chose to kill innocents instead.

[50BMS13]

good post.

[jbaker314]

"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," the imam's blog read.

His own people are the people of the United States.

His actions were those of a traitor, and he should be executed as a traitor, and rather than hiding his execution behind prison walls in the middle of the night, he should be executed publicly, at high noon, and his execution should be broadcast worldwide.

[writer10]

exactly - there is a huge difference between 'his own people' vs 'his own religion'

[AndyMaxo]

Brian, Don't try to change the subject by the dishonest Questions (statements really). Trying to lead us down some primrose path are ye?
Won't work on me.

[revlin1]

Well, where should I start? First of all: WAS IT FAIR WHAT HAPPENED TO THE MURDERED AND INJURED AT THE HANDS OF HASAN THE OTHER DAY? Secondly: WHO cares if he gets a FAIR trial by anyone....HE DID IT..plain and simple..as an American taxpayer; I am offended to have to pay for his defense in any way, shape or form thirdly: these Palestinians SURE DO KNOW how to LAWYER UP quickly, now don't they? I wonder if some ACORN group advised them? Fourth: Wonder what Obama really thinks considering the guy assisted in his transition team by way of University....http://www.stoptheaclu.com/2009/11/06/mass-murdering-muslim-major-worked-to-assist-obamas-transition-team-through-university-project/ Fifth: This guy(lawyer) is going to attempt to blame the lame stream media for Hasan NOT getting a fair trial? Give me a break....the lame stream media isn't even calling this what it is: A TERRORIST ATTACK ON AMERICAN SOIL of the worst kind. Yet we can read today that police called a lone gunman in another city a "domestic terrorist" for shooting down a police officer...DUH? Let's look around people....Tell the lawyer that HASAN should be REMORSEFUL and realize that his own demise would be better than attempting to "explain away" his actions and BLAME IT ON MEDIA, MILITARY, PTSD, OR ANY OTHER NUTCASE GROUP OR IDEA...pure and simple: He was an Islamic terrorist homegrown in USA attempting to get back at "wrongs to the Palestinians" sound familiar? It should..we have a guy in the White House who is still trying to get back at "someone" for all the wrongs put upon him...? Still trying to figure out WHY he blames everyone but himself for the chaos the country is now in......(but, he was a lawyer, right?)

[joanne600]

Those "leeches" keep you safe, Ms_enza whether you deserve it or not. As for the trial, I hope he enjoys Leavenworth for life, being put to death would probably be easier on him.

[Ms_enza]

Do they? Dying in Afghanistan isn't keeping me safe.

The last US soldier to die for OUR freedom died in August of 1945. All the remaining US casualties have been undeclared wars interveening in civil wars of other nations.

The US military eats 40+ cents of every tax dollar support a feudal cast system that is the antithesis of every notion upon which this country was built.

[Mortarman-29]

Ms. Enza...I dont know what to say except...there is no way someone can be that wrong. That is until your post.

[gangesdak]

This trial will drag on for years. First, who would try him? Then come all the harrangs. Can a Jihadist Muslim be tried at all by court corrupted by Christians and Jews- these are all in the Korran, honest! Then will come the sob stories of his childhood, his emotional experience with his colleagues who supposedly drew his face on a camel. We just started, folks.

[AndyMaxo]

Yes, a Jihadist Muslim can be tried in a court of Christians and Jews. We are about to do that in front of the entire world and it's about time.
And it doesn't matter one single iota itty bitty bit what the Quran say s about it. We go by America's constitutional law here in the US. We do not go Islamic law, jewish law, Baptist law, Catholic law, or any other laws. He committed the murders here in Texas,USA.
I think this trial will open everyone's eyes here as well as around the world. He will be tried by a jury of his peers and Islam has nothing to do with the court proceedings. To the Muslims it should, but NO! Forget Islam, Hasan is going to be sitting in an American jail every minute for the rest of his life until he faces the electric chair or gas chamber where we will execute him.

[netadmin1-2009]

unless you guys have met his lawyer - galligan - you have no idea how radical he is - seriously - he could argue with the devil and win.

[mawskrat]

summary execution is called for!

[chenz66]

He is guilty until proven innocent. Good luck proving that.
"Trial will be an eye opener" Typical defense lawyer garbage.

[Ms_enza]

"He is guilty until proven innocent." You're correct -- UCMJ.

[Mortarman-29]

What's wrong with the UCMJ?

[sms55]

"Muslims in the army object to killing other muslims". Suicide bombers , the taliban, Sadaam all killed or continue to kill more muslims than any western nation. Wouldn't American muslims want to protect their muslim counterparts in Afganistan from the radical Taliban?

[brianbwb-2009]

Why?

What the Taliban go with their own people is their business, not ours.

[bubbadubba]

Fair trial?
For what to determine if he is innocent? Really?
The Constitution provides a trial to prove innocence or guilt.
He will be proved guilty by scores of witnesses and forensics, this trial is a slam dunk. There is no possibility of his being innocent, beyond any reasonable doubt he is guilty.
Take him out and hang him and do the same to his low life attorney who is trying to find a way to set him free.

[Ms_enza]

Don't worry about the Constitution. The defendent cannot hide behind his "Constitutional Rights" for the members of the military have their own laws, their own courts and their own prisons and executioners.

Their own recreational facilities, food and service facilities, health care, etc.

They are feudal system RIGHT smack-dab in the middle of the world's most egaliatrian democracy and they leech off of it beautifully.

[Mortarman-29]

They leech off it? Are you that clueless?

They get paid thru money and benefits to go out and put their butts on the line and give their life so you can say that crap.

Why do you hate America?

[brianbwb-2009]

Mortarman-29

That old tired line again.

What does fighting wars that kill innocent people, started because of lies about people who never attacked us, have to do with our freedom of speech?

Oh yeah, the war profiteers ripping off our treasury into the future really helps cement freedom all right...

[Mortarman-29]

Brian,

Why do you hate our military? Why do you hate America?

[Virgil-1]

Yeah,another OJ kangroo court event!

[Virgil-1]

I can just see him now trying on a tight fitting towel around his head.

[Mortarman-29]

If it doesnt fit, you must acquit!! Lol

[Karen8069]

Do what's necessary to give Hassan a fair trial. That's the law.

[mswolfestock]

Show him as much fairness as he showed his victims . . . . . all 50 of them. In my mind fairness for this POS would mean shooting him exactly as many times as he shot his victims.

[mjlewis6]

Do not confuse Civil Trial Law and the appearance of a fair trial and jurisdiction since these proceedings are under the UCMJ. The mandate for a trial is under the Base Commander, period. Also, there is no distinction for enlisted or officer as the proceedings are the same. Major Hassan will be given more than an opportunity to present his defense after hearing the witnesses against him. Frankly, I would like to hear him explain not only the incident, but how his perception of his religious beliefs have caused him to act in this fashion or if he should claim an insanity defense. Fair trial or not, the Moussaui trial should be a good example of civil process, and this incident will be an example of legal process under the UCMJ.

[leeanna59]

His victims didn't get a fair trial before their lives ended and/or changed forever. Why should he get a break? He was in the military for years; he could have gotten out. Why did he choose to accept money for medical school and then stay in long enough to become a major? I have no pity for him or his psychological problems with the prospects of deployment. He will get a prison sentence, and I can't wait until Bubba initiates him into life behind bars.

[WSUEEPS]

Throwing our entire justice system out to satisfy your need for vengeance won't do any good. Everyone gets a fair trial, that is what our system is based on. As soon as we abandon those principles and start to have mock trials to get back at people that we call "bad" or "evil", we will be the monsters that we have fought against all along. Throwing out justice is what our enemies want, and we are playing right into their hands.