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.