More Army Unfairness – Constraints on Defense Mitigation

Readers may recall that after a long fight, the Special Court-Martial Convening Authority finally authorized the employment of a mitigation specialist at government expense.  Because the Defense requested mitigator also happened to be an attorney, Army prosecutors initially objected to the the Defense request, advancing the ludicrous argument that the result would be to afford Major Hasan with a civilian lawyer at government expense.   In order to satisfy the unreasonable Army demands, the Defense mitigator was required to place his license to practice law in an “inactive status.”   The Special Court-Martial Convening Authority further threatened the following:

 “Any reactiviation of [the defense mitigator’s] law license(s) during the term of his employment may result at the time of the reactivation in no further government payment . . . . “

And guess what – now almost a year an a half later, the Defense mitigator has still not been authorized to reactivate his state bar license!

However viewed, it is yet another example of the patent unfairness demonstrated by the US Army against Major Nidal Hasan.

A Question of US Army Fairness – Is it In The Toilet?



Courtroom Toilets1 
                           

As many readers know, Major Nidal Hasan was confined in the Bell County Jail well over a year ago at considerable US Army expense.  During that incarceration, repeated complaints were made by his Defense Team about the fact that he was being deprived of basic sanitary toilet facilities – in short, he has been forced to use a trash can instead of a toilet appropriately outfitted to meet his needs as a paraplegic.  Notwithstanding repeated complaints and the passage of more than a year, this well-based complaint was overlooked by Major Hasan’s chain of command and the Fort Hood leadership.  The maltreatment continues.

Against this background, it was surprising to learn that these same Fort Hood leaders have decided to spend well in excess of $100,000.00 to resurface the courthouse parking lot (again – since it was done less than two years ago) and to remodel the toilet facilities in the Larry Williams Judicial Center where the much celebrated Hasan court-martial is currently docketed for 2012.   Word on the street is that local Army officials are even in the process of building a helicopter LZ adjacent to the courthouse.  Cost of that separate “improvement” is not known.  While the Judicial Center’s interior toilets are being remodeled at public enpense, the public will be expected to use Porto Potties – see attached pictures.  However viewed, the porto potties are still a far cry better than what Major Hasan has been forced to use.

Isn’t it amazing what the Army will do as they prepare for a show trial?