Appeals Court allows Hasan to keep his beard, tosses judge

| December 4, 2012

Yes, the Associated Press reports that in yet another bow to political correctness, the U.S. Court of Appeals for the Armed Forces has decided that Nidal Hasan, the Fort Hood gunman can keep his beard for his trial in contradiction to Army policy and despite the fact that the Army is paying the little turd. But, that wasn’t enough. They also tossed the judge who issued the order that he shave off of the bench;

The U.S. Court of Appeals for the Armed Forces ruled that Col. Gregory Gross didn’t appear impartial while presiding over the case of Maj. Nidal Hasan, who faces the death penalty if convicted in the 2009 shootings on the Texas Army post that killed 13 people and wounded more than two dozen others.

But the court said it was not ruling on whether the judge’s order violated Hasan’s religious rights. Hasan has argued that his beard is a requirement of his Muslim faith, although facial hair violates Army regulations.

“Should the next military judge find it necessary to address (Hasan’s) beard, such issues should be addressed and litigated anew,” judges wrote in the ruling.

What a bunch of gutless turds. This beard thing could go on for decades with such cowardly crap being handed down by this appeals court. They also determined that Judge Gross had allowed the trial to become a war of wills between the judge and Hasan, for some stupid reason, because the judge made the defense attorneys clean up after their client when he found an adult diaper and a medical waste bag in the courtroom.

This is the same kind of shit that led to the shooting in the first place. Big Army is scared to treat Hasan like they’d treat anyone else who was such a prick in their courtroom.

Thanks to cakmakli, Athena, contin, Stacy0311 and Derek, for the link.

Category: Big Army, Terror War

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Doc Hellfish

I’m really growing weary of the Army and the United States… sadly there is no where else to go..

Harrison

This is damned annoying but not that bad in the end; God willing he’ll fry all the same, beard or no beard.

Ex-PH2

Such a coward.

CAs6

Is this April? Are we bring April Fools’d?

Whitey_wingnut

I wish it was an April Fools joke.

2-17 Air Cav

The appellate court said that it was for Hassan’s command, not the judge, to compel Hassan to shave to comport with the military appearance requirement. As a practical matter, I would very much like to know how that’s supposed to work. But there it is. That’s how the appellate court escaped the issue of Hassan’s beard without broaching the claimed Constitutional issue. So, IF the command is interested in shaving Hassan, and IF the command can find a way to do it, it will be a carnival and there will be no end to the defense motions to keep it from happening. Then, after that sideshow is ended, the defense still has the Constitutional argument which the appellate court elected not to address. Hassan may die of old age before this trial concludes.

Outlaw13

The members of the appellate court should be reminded that as SOLDIERS it is EVERY Soldier’s duty to uphold the rules of regulations and to make on the spot corrections when you see something wrong.

Either Hassan is a Major in the United States Army or he’s not. If he is this he should shave the damn beard. It’s not that hard to figure out.

They aren’t Soldiers they are lawyers wearing a uniform.

Just get on with the trial already.

rb325th

Just trie him with the f’ing beard, find him guilty as charged and fry his ass.

Stacy0311

Well AR 670-1 is now (for several months at least) a punitive regulation. So for every day that little haji Hassan doesn’t shave, add another charge, go to the Bell Country correctional facility and hold an field grade (or GO level) Article 15 hearing and max him out on monetary fine. EVERY SINGLE FUCKING DAY. Hassan can keep his beard but not any money that the Army is ‘paying’ him

David

“Biased” would be saying “shave him with a 1911”.
It amazes me that we have tapdanced around this a$$hole this long…. this is a pluperfect example of the idiocy of American jurisprudence. This is not a single-witness situation where DNA could prove him innocent later, this is a situation where a huge number of witnesses saw him commmit the crime and there is no doubt as to his guilt. The ONLY topic of discussion should be in which pigsty we scatter his worthless ashes.

RandomNCO

Even if/when he is sentenced to death, he’ll sit on death row for decades I’m sure.

NHSparky

There was a time not so long ago where this guy would have assumed room temperature well before this point.

Yat Yas 1833

The idiots on this appeals court must be related the the idiots on the 9th circus court of apples in Kalifornia! Is he or is he not an Officer in the United States Army? If so, isn’t he under the jurisdiction of the UCMJ? Pure and absolute BS!!!

DaveO

At trial, and if convicted then at sentencing it won’t matter if Hasan has a beard, lungee and man-jammies. His legal status was Major, US Army and his penalty will be assessed as one who is a traitor, not as some sort of taliban-man who should go to Gitmo.

MCPO NYC USN (Ret.)

I say we bring back:

BEARD PROJECT

Ex-PH2

You guys hold him. I’ll get the No-No.

MSgt Dale Day

Well, I find myself torn by the ruling.

I agree it is the command’s responsibility to make this turd shave off his beard. But how? Shackle him and have someone take a razor to it? Does that leave his lawyers the option of filing a “cruel and unusual treatment” case for him? Would that further delay the trial?

On the other hand, maybe removing this judge is but a chance to ensure any judgement not be overturned on appeal. Don’t give the ambulance chasers any options once he’s found guilty and given the punishment of hanging.

FatCircles0311

Another front to justice from our own. I’m tired of how our own military refuses to hold a mass murdering traitor responsible due to political correctness. If this guy wasn’t a Muslim he’d have been tried and sentenced already. Every new update regarding this case is a slap in the face to everyone wearing the uniform, the families of the murdered, and veterans.

These type of horseshit shenanigans and gross negligence to any sort of justice is what I expect from our God awful civilian justice system not our military. Grow some balls and try this traitor regarding his actions instead of trying to p-foot around his insane religious views as though that negates what he is on trial for.

hoosierbeagle

I don’t care if he has a beard or not….Its all part of the circus his lawyers are trying to create..Hold the trial, convict him, sentence him, then excute him and bury him in a barrel of lard…These distraction only serve to keep this treasonous bag of crap alive…

Common Sense

@ 17

Nair.

Too bad the cop just didn’t have better aim, then we wouldn’t be subjected to this circus.

The scum MURDERED 13 people and an unborn baby and they’re arguing over his beard? What an embarrassment! And it just makes us look that much weaker to the rest of the world.

Rock8

I am appalled that the Army cannot find a way to enforce its own fricken grooming policy. Now I got E-4’s showing up to work with a nose stud claiming that’s a religious adornment and cannot be taken out. Well, that sure the fuck ain’t happening, but leadership better understand that weakness in upper leadership drags us all down.

The slippery slope is getting steeper and steeper!

NHSparky

I dunno, Rock–not too long ago the standard reply to that claim would be, “Fine–you leave it in, and you’ll be meeting Jesus soon enough.”

AndyFMF

For the curious, the official decision is at the following link:
http://www.armfor.uscourts.gov/newcaaf/opinions/2012SepTerm/13-8011-8012.pdf

Eric

Thanks for the full decision Andy.

From what I read, the appellate court is telling the chain of command to do their job and make him shave and saying it isn’t the judge’s business.

Secondly, they are indicating more so that the judge is being removed because of concern for his attendance at Ft Hood during the shooting and his family’s as well, making him “appear” biased. (which could cause appeals to go on until privates retire as SGMs)

I like the article 15 idea. Now his chain of command is being given the “go ahead” by the court system to punish the frack out of him for not shaving and also shave him. Works for me. They just need to implement.

What do you call 100 lawyers at the bottom of the sea?

A good start…