HOUSTON—While Major Nidal Hasan recovers in a hospital, the depth and complexity of the legal case which could soon surround him is expansive and could take years to conclude, according to well-known defense attorney, Jack Zimmermann.
Zimmermann said he believes Hasan’s case is in jeopardy.
“Somebody gave some really, really defective advice to the Commander in Chief about the content of that speech,” said Zimmermann.
He’s referring to the President’s Saturday Morning Address when the President said, “This past Thursday on a clear Texas afternoon, an army psychiatrist walked into the Soldier Readiness Processing Center and began shooting his fellow soldiers.”
We’ll let you decide, but Zimmermann believes the Commander in Chief influenced this potential case, saying that is something a high ranking soldier is forbidden to do.
“A commander says, for example, I want every drug offense that’s charged on this post to be met with a lengthy prison term, said Zimmermann. “Well, that’s command influence and when you have the Senior Commander, the President, the Commander in Chief already convicting this fellow before there’s even been a charge. It would be difficult for them to go against it."
The President went on to say, "It’s a crime that would have horrified us had its victims been Americans of any background. But it’s all the more heartbreaking and it’s all the more despicable because of the place where it occurred and the patriots who were its victims.”
Time will tell if others who get involved with this case agree with Zimmermann.
In the meantime, we checked and violent crimes committed by high ranking soldiers are extremely rare.
If found guilty, Hasan could face the death penalty. The last time a soldier was put to death for a crime was in 1961. That soldier faced a death by hanging for rape and attempted murder.
Here’s how it would work. The first step in Hasan’s military case begins if and when charges are preferred. That’s like a police complaint issued by an Army Commander. Once that happens an investigation, called an Article 32 investigation, will start. But that investigation won’t begin until and if Hasan is physically able to attend those proceedings. From there, a court martial and a trial could begin where Hasan could face the death penalty if convicted.
