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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review

Fort Hood shooting: Judge nixes Nidal Hasan defense strategy. What now?

By Patrik Jonsson


JewishWorldReview.com | (TCSM) A military judge overseeing the court-martial of Maj. Nidal Hasan ruled Friday that the Army psychiatrist cannot argue in court that he killed 13 soldiers at Fort Hood in defense of Taliban leaders in Afghanistan, including leader Mullah Omar.



David Fitzsimmons, The Arizona Star




The judge, Col. Tara Osborn, said during an afternoon hearing at the Army base that she would not allow Hasan to argue that he shot Ft. Hood soldiers to protect Taliban leaders in Afghanistan, as he had proposed.

Hasan, 42, an American-born Muslim, is charged with premeditated murder and attempted murder in connection with the deaths of 13 people and wounding of 32 others in the attack on Nov. 5, 2009. If convicted, he faces a possible death sentence.

Hasan, an Army psychiatrist, proposed his new defense after successfully petitioning the judge to allow him to defend himself, saying he attacked soldiers preparing to deploy to Afghanistan in 2009 because they posed a threat to Taliban leaders. His previous efforts to plead guilty were rejected on the grounds that military law does not allow such pleas in capital cases.

Osborn said Hasan's "defense of others" strategy "failed as a matter of law," according to a Ft. Hood statement, since no soldiers at the Central Texas base posed an immediate threat to anyone in Afghanistan.

"She ruled that as a uniformed soldier in the U.S. Army, Hasan had no justification to kill other U.S. soldiers," the statement said, and "that she will not allow Hasan to present any evidence or argument relating to the defense of others."

Hasan had complained about the adequacy of assistance he received in preparing the documents he submitted to the court. But Osborn in her ruling Friday said that issue "was irrelevant because no amount of legal research or argument would have resulted in a different ruling" on his defense, the statement said.

Jury selection in Hasan's court-martial was already supposed to have started, with testimony following in July, but Hasan succeeded in delaying both after submitting his proposed new defense.


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The trial has been plagued by repeated delays — notably when Hasan refused to shave his beard for religious reasons and succeeded in getting the military judge handling the case replaced. Another delay came when Hasan fired his three military attorneys last month, whom Osborn has tried to maintain as his advisors or standby counsel -- although they have at times protested, most recently due to Hasan's latest defense of others strategy.

On Friday, Osborn ordered Hasan's standby counsel to submit briefs outlining their role by Monday so that she can issue a written order.

Military legal experts said the judge would have to hold the line against Hasan's proposed defense, refusing to instruct the jury about it and stopping him if he tried to present it.

"The problem is if he starts to argue the defense, what is the judge going to do then? He's essentially confessing to everything in a way that makes the [jury] even angrier. I don't know how the judge is going to stop the argument," said Richard Rosen, a retired colonel and professor of law at Texas Tech University School of Law in Lubbock.

Rosen noted that if Hasan is found guilty, he has a right to make a statement and "he can say whatever he wants to say. So ultimately, he may try to get the defense in."

Rosen agreed with Osborn that the defense of others argument is legally unfounded in Hasan's case and will only hurt his chances with the jury panel of his peers -- many of whom will probably be officers who may have served in Afghanistan.

"It's just going to make matters worse," Rosen said. "If he says he was doing this to defend the Taliban, it will only inflame the panel."

But that could be exactly what Hasan wants, he said.

"It may be that he wants to be a martyr," Rosen said, "that will certainly speed him on his way."

Rosen said Osborn has done what she can to protect Hasan's rights and prevent a reversal on appeal, but now that Hasan has decided to defend himself, it's time to go to trial.

"He's had 3 years working with various counsel to prepare a defense," Rosen said, "This thing needs to get off the ground."

The next hearing in the case is scheduled for Tuesday.


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© 2013 The Christian Science Monitor

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