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From the moment Major Nidal Malik Hasan was recognized as the alleged assailant in the killings of 13 soldiers at Fort Hood, Texas, a complex, keenly balanced legal process kicked in: the Uniform Code of Military Justice (UCMJ). The code demands both speed and balance, experts say, and sets up the process for a court-martial that would have the 39-year-old Army psychiatrist judged by a jury of his fellow officers not for what motivated him but simply for what...

Author: /time Magazine | Title: How the Military Will Try Nidal Hasan | 11/13/2009 | See Source »

...very top of the chain of command. Once a suspect has been informed that he or she is under investigation, the 120-day clock starts ticking toward the trial. (The 120-day schedule may be extended any time the defense is granted a delay.) (See pictures of the Fort Hood memorial service...

Author: /time Magazine | Title: How the Military Will Try Nidal Hasan | 11/13/2009 | See Source »

...Hasan's attorney, James P. Galligan, a retired Fort Hood military judge, has said he has instructed his client not to talk to investigators. Meanwhile, Silliman says, investigators are likely assembling evidence from a multitude of other sources to draw up a list of charges, which could include anything from capital murder to taking a gun to the base. Hasan also may face a noncapital charge of murdering an unborn child because one of the victims, Francheska Velez, was three months pregnant. Both sides will probably want to have Hasan undergo psychiatric evaluation, with the defense perhaps having...

Author: /time Magazine | Title: How the Military Will Try Nidal Hasan | 11/13/2009 | See Source »

...over the line, Silliman says, by specifically naming Hasan. This is as close as the President has gotten: "For what he has done, we know that the killer will be met with justice - in this world, and the next," Obama declared during his speech on Nov. 9 at the Fort Hood memorial service. "We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes...

Author: /time Magazine | Title: How the Military Will Try Nidal Hasan | 11/13/2009 | See Source »

...last weekend's Fox News Sunday, Lieberman, chairman of the Senate Homeland Security and Governmental Affairs Committee, announced that he was launching an investigation into whether the Fort Hood massacre suspect was in fact a terrorist. The Sunday before, on CBS's Face the Nation, Lieberman said he would support a Republican filibuster of health care reform if the Democratic bill included a public option - as it currently does. "I feel so strongly about the creation of another government health-insurance entitlement," Lieberman told CBS's Bob Schieffer. "I think it's such a mistake that I would...

Author: /time Magazine | Title: Can the Dems Keep Putting Up with Joe Lieberman? | 11/13/2009 | See Source »

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