Judge in Fort Hood massacre case bans evidence of Jihad as motive

American Thinker

A  self-professed jihadist who screams “alahu akbar” while murdering 13 people is  actually not engaging in jihad.

 So  says a military judge in the trial of Nidal Hasan who attacked a gathering at  Fort Hood in November of 2009, killing 13  soldiers and wounding 40.


ABC  News:


Lawyers  representing the family members of those killed and injured in  the Ft. Hood  shooting rampage were outraged today when an Army judge  limited prosecutors  from introducing evidence, including emails to a  known Al Qaeda operative,   that would establish accused shooter Maj.  Nidal Hasan’s “jihadi” motives. 

The  judge’s rulings could inhibit the ability of the victims’ families  to claim in  a civil suit that the shootings were an act of terror.  Federal lawyers involved  in the civil suit claim that the people shot  during Hasan’s murderous rage were  victims of workplace violence, a  designation that could sharply limit the  damages in a civil suit.

“This  is first degree mass murder case and  motive is absolutely relevant  to prove premeditation,” said Neal Sher, a lawyer  representing many of  the victims and their family members in a separate civil  suit against  the government.

Prosecutors  have sought to portray Hasan as a Muslim extremist,  motivated by Islamist  ideology and in touch with known al Qaeda member  Anwar  Alwaki.

“He  didn’t want to deploy and he came to believe he had a jihad duty to  murder  soldiers,” lead prosecutor Col. Steve Henricks said in his  opening statements.  He wanted to “kill as many soldiers as he could.”

The  judge, Col. Tara Osborn, ruled today that prosecutors could not  mention Hasan’s  correspondence with Alwaki, an American born al Qaeda  recruiter and organizer.   Osborn also barred prosecutors from mentioning  Hassan’s  interest in seeking  conscientious objector status and drawing  parallels to a 2003 incident in which  another Muslim American soldier  attacked U.S. troops in Kuwait, according to  the Associated Press.

The  judge found much of that evidence was too old, but permitted  prosecutors to  introduce evidence about Hasan’s internet usage and  search history from the  time of the attack.

Many  of the victims and their family members have filed a civil suit  against the  government, arguing that the attack should be classified as a  terrorist attack, allowing victims to  receive combat medals, like the  Purple  Heart, and receive better benefits.

The  government maintains that the attack was an incidence of “workplace  violence.”

Is  the judge an idiot? Well, yes. But the reason for his ruling is that if the  massacre were declared a terrorist attack rather than “workplace violence,” the  military would be on the hook for millions of additiional dollars in benefits  for the families, not to mention the increased financial exposure in a planned  civil suit by family members.

President  Obama could fix this ridiculous situation by simply declaring the massacre a  terrorist attack. After all, he gives billions to his union friends and cronies.  Why not a couple of extra million for the families of the  fallen?

Read more: http://www.americanthinker.com/blog/2013/08/judge_in_fort_hood_massacre_case_bans_evidence_of_jihad_as_motive.html#ixzz2cb1Dqu3q Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

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