Washington Times | by Susan Crabtree
Already facing intense scrutiny for its shifting narrative about the assault on the U.S. Consulate in Libya, the Pentagon now says it will not reclassify the Fort Hood shootings as a terrorist attack over concern about biasing the case against the gunman -- an argument that is getting a mixed review from legal specialists.
Late Friday, after 160 victims of the Fort Hood, Texas, shooting called on the Pentagon to label the attack terrorism instead of workplace violence as it has for the past three years, the Department of Defense said it would not reclassify the attack.
In rejecting the victims outcry, Defense Secretary Leon E. Panetta's spokesman cited concern that having the government weigh in could bias the case against Army Maj. Nidal Malik Hasan, 42, who is awaiting trial and faces the death penalty if convicted.
When asked how Mr. Panetta plans to respond to the victims, his spokesman took a day and a half to respond, eventually emailing a statement Friday night.
"The Department of Defense is committed to the integrity of the ongoing court martial proceedings of Major Nadal Hassan and for that reason will not further characterize, at this time, the incident that occurred at Fort Hood on November 5, 2009," Pentagon spokesman George Little said in the statement. "Major Hassan has been charged with 13 counts of premeditated murder, and 32 counts of attempted murder. As with all pending UCMJ matters, the accused is innocent until proven guilty."
But Mark Zaid, a national security law expert who sued Libya for the 1988 terrorism bombing of Pan Am Flight 103, said he doubted the government's hesitancy to designate the Fort Hood assault terrorism was really motivated by concern about prejudicing his trial.
"I find that a little difficult to believe," he said. "If that was the case, than how in the world would the Pentagon prosecute any terrorism case? There is a process in any case -- whether military or civilian -- to deal with any potential bias of a juror. It's a fundamental part of the judicial system to ensure that juries are impartial."
When presenting its case against Maj. Hasan, prosecutors will undoubtedly point to email chains between the defendant and al Qaeda leader Anwar al-Awlaki, Mr. Zaid noted.
"There's clearly going to be terrorist angles in the process," he said. "And calling it terror is not going to change the nature of the incident or the [jurors'] knowledge about it."
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Replies
Hang Pussnette.
What a load of legalese bull crap. I was in Washington DC for Michelle Bachmans anti health care rally and remember everything that happened that day. Innocent until proven guilty what a crock.
They have the guy on tape and with almost 50 eye witnesses assassinating unarmed American soldiers and shouting Allah Akbar, God is Great in Arabic. His trial is just a formality of our justice system. He is guilty as charged and everyone knows it. That his crimes should be called terrorism is without a shadow of doubt in everyone's mind.
That it's not is because we have a Muslim in the White House and as CIC of the US Military he's calling the shots. Muslim Terrorist isn't something Obama can say or admit exists. After all killing non believers is every Muslims duty and therefor not and act of terrorism but an honor to Allah. Obama is just honoring his Muslim faith and Allah.
God help us!