US Army Places “Gag Order” on Hasan Defense

      Finally responding to a request for disclosure of evidence that had been filed in early December, the US Army agreed to provide Defense Counsel with the type of evidence that is routinely made available in other cases.    The release of information, however, is subject a “gag order” issued by the Special Court-Martial Convening Authority, Colonel Morgan M. Lamb, which prohibits the Defense from inadvertently or purposefully  “divulging, publishing, or relealing, either by word or conduct” the belatedly disclosed information.   Needless to say, Army prosecutors have had access to this same information for the past several months.  The belated disclosure to the Defense and the accompanying “gag order” is evidence that the pretrial discovery process is not being conducted on an even playing field.

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