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00:00:19
Unidentified Speaker, -
DO EDUCATION, TO THE PRESS, THE PUBLIC, STUDENTS AND MAKE PRESS STATEMENTS AS WELL. AND APPRECIATE TELLING EVERYONE ABOUT MILITARY JUSTICE, WAYS MILITARY...
00:01:08
Unidentified Speaker, -
FOR CONGRESS DAILY. MILITARY EDITORS AND CONTRACT TO OUR NAME, WE ARE OPEN TO PHOTO JOURNALISTS, BOTH STILL AND VIDEO. MRE WAS FORMED PRIOR TO THE...
00:04:19
Unidentified Speaker, -
JOURNALISTS AND CURRENT JOURNALISTS BETTER EXPLAIN TO THE PUBLIC THE VERY IMPORTANT NATIONAL SECURITY ISSUES FACING THE COUNTRY TODAY. AS PART...
00:08:52
Unidentified Speaker, -
TO RECOGNIZE THAT WE ARE -- WE'RE OBVIOUSLY HERE AS A RESULT OF THE CASE SURROUNDING THE FT. HOOD SHOOTINGS. IT'S IMPORTANT TO RECOGNIZE THAT THIS...
00:13:58
Unidentified Speaker, -
IN THE AREA SINCE 1973
00:14:00
Unidentified Speaker, -
INVALID DATED DEATH PENALTITY FOR MOST STATES BUT NOT FOR THE MILITARY AT THE SAME TIME. THE MILITARY ACTUALLY SENTENCED SEVEN PEOPLE TO DEATH DURING...
00:17:34
Unidentified Speaker, -
WCL.AMERICAN.EDU/NIMJ. SINCE WE'RE IN THE PROCESS OF DOING A TRANSITION, THERE WILL BE ADDITIONAL DOCUMENTS UPLOADED IN THE NEXT FEW WEEKS. HOPEFULLY...
00:20:51
Unidentified Speaker, -
CRIME OF VIOLENCE. I
00:20:54
Unidentified Speaker, -
CAN THINK OF ONE CASE, ACTUALLY INVOLVING A GRADUATE OF YOUR ALMA MATER, A MAJOR WHO WAS PROSECUTED AND CONVICTED OF ATTEMPTED MURDER. BUT THAT WAS...
00:24:53
Unidentified Speaker, -
PENNSYLVANIA, 101st AIRBORNE BASE FOR THE OPERATION INTO IRAQ. ABOUT MIDNIGHT WE HEARD A COUPLE OF
00:25:01
Unidentified Speaker, -
TREMENDOUS BLASTS AND IT TURNED OUT A STAFF SERGEANT OF 20 YEARS EXPERIENCE, 101st AIRBORNE AND A MUSLIM LOBBED A COUPLE OF GRENADES INTO OFFICERS...
00:25:44
Unidentified Speaker, -
CASE. >> SURE, I THINK YOU SAID
00:25:47
Unidentified Speaker, -
1983. I ASSUME YOU MEANT 2003. I WANT TO MAKE SURE WE'RE TALKING ABOUT THE SAME CASE. IT'S THE AKBAR CASE. HE WAS THE INDIVIDUAL ACCUSED -- A PERSONAL...
00:26:07
Unidentified Speaker, -
MARTONE WAS A PERSON INJURED BY THE GRENADES. HIS LIFE WAS SAVED BECAUSE HE HAD HIS VEST ON. BUT IT IS IN SOME WAYS A SIMILAR PRECEDENT. THE CASE...
00:27:23
Unidentified Speaker, -
SURE. AND WE CAN USE THE AKBAR CASE AS AN EXAMPLE AND BUILD ON THE OTHER FOUR INDIVIDUALS WHO ARE CURRENTLY SITTING ON MILITARY'S DEATH ROW.
00:27:33
Unidentified Speaker, -
THE FIRST LEVEL OF
00:27:35
Unidentified Speaker, -
APPEALS THAT HAPPENS AFTER A CORPS MARSHALL FINDS AND INDIVIDUAL GUILTY OF CAPITAL MURDER IS
00:27:43
Unidentified Speaker, -
A PROCESS CALLED CLEMANCY, DURING WHICH THE COMMANDER HAS THE OPPORTUNITY TO WIPE OFF THE ENTIRE CONVICTION, TO MITIGATE THE SENTENCE. THEY -- THE...
00:30:12
Unidentified Speaker, -
IS NOT ALWAYS
00:30:13
Unidentified Speaker, -
BEEN AFFORDED TO MILITARY MEMBERS AND EVEN NOW
00:30:17
Unidentified Speaker, -
ONE OF THINGS THAT WAS RECOMMENDATION FROM THE RECENT COX COMMISSION AND ALSO A MOVEMENT THAT HAS BEEN AFOOT IN CONGRESS, WAS TO EXPAND JURISDICTION...
00:31:24
Unidentified Speaker, -
IN THIS CASE, MAJOR HASAN HAS BEEN CHARGED WITH COUNTS. WHAT HAPPENS FROM THERE, WHAT HAPPENS FROM THERE, THERE'S A PRELIMINARY HEARING THAT TAKES...
00:33:15
Unidentified Speaker, -
THE SPECTRUM THERE ARE SOME STATES AND IT IS HIGHER AND THE MOST FAMOUS CASE, ON A BIT HIGHER BAR BUT NOT SIGNIFICANTLY SO, NOT REALLY MUCH THAT...
00:33:29
Unidentified Speaker, -
CIRCUMSTANCES AS WELL. TO
00:33:31
Unidentified Speaker, -
DIFFERENTIATE THAT, THE THRESHOLD QUESTION HERE, IS SOMEBODY FIT TO STAND TRIAL AND THAT WOULD KIND OF GO INTO THE CONVENING AUTHORITIES AND COMMANDING...
00:34:49
Unidentified Speaker, -
CAN THE DEFENDANT REQUEST A CHANGE OF VENUE AND HOW DOES THAT WORK? >> YOU CAN
00:34:57
Unidentified Speaker, -
REQUEST A CHANGE
00:34:58
Unidentified Speaker, -
OF
00:34:59
Unidentified Speaker, -
00:35:00
Unidentified Speaker, -
VENUE, IT IS HIGHLY DISCRETIONARY AS TO WHETHER IT WOULD BE CHANGED. YOU COULD HAVE A
00:35:07
Unidentified Speaker, -
CHANGE OF VENUE TO ANYWHERE IN THE WORLD, WHETHER A CHANGE OF VENUE WOULD BE GRANTED WILL BE A FUNCTION IN THE FIRST INSTANCE OF DECISION-MAKING
00:35:18
Unidentified Speaker, -
BY THE CONVENING AUTHORITY. BUT IT'S SUBJECT TO JUDICIAL REVIEW. AND THE MILITARY JUDGE AT SUCH TIME AS ONE IS ASSIGNED CAN ORDER IT. AND I THINK IT'S...
00:36:41
Unidentified Speaker, -
TO SOMEONE ELSE. THIS IS
00:36:43
Unidentified Speaker, -
AGAIN AT THE EARLY PHASE BEFORE
00:36:45
Unidentified Speaker, -
IT GOES TO THE MILITARY JUDGE BEFORE IT'S REFERRED. THE MILITARY THEMSELVES COULD MAKE THE DECISION THAT WE CHOOSE TO MOVE THIS. THE HIGHER GENERAL...
00:37:30
Unidentified Speaker, -
SIX BEFORE WE SAW THAT. IT COULD DEPEND ON THIS AT THIS POINT WHETHER WE'RE REALLY STILL AT THE BEGINNING OF STAGES. IT'S ONLY BEEN A COUPLE OF WEEKS...
00:37:45
Unidentified Speaker, -
WHAT THE INVESTIGATION COMES UP WITH, I COULD EASILY SEE
00:37:49
Unidentified Speaker, -
SIX MONTHS TO IF THE INVESTIGATION GETS VERY COMPLEX, EVEN UP TO A YEAR. BECAUSE HE'S GOING TO BE HELD IN CONFINEMENT DURING THAT TIME AND THE SUP POSITION...
00:38:42
Unidentified Speaker, -
THERE ARE SPEEDY TRIAL ISSUES AND IF HE'S KEPT IN PRETRIAL CONFINEMENT I DO THINK YOU'RE NOT TALKING YEARS BEFORE THINGS HAPPEN ON THIS CASE. I THINK...
00:39:02
Unidentified Speaker, -
IS KIND OF THE PRELIMINARY HEARING TO MAKE A RECOMMENDATION TO GO FORWARD. I WOULD EXPECT THAT YOU WOULD SEE ONE OF THOSE TWO STEPS IN THE NEXT MATTER...
00:39:36
Unidentified Speaker, -
SYSTEM DOES NOT HURRY
00:39:40
Unidentified Speaker, -
TO BRING PEOPLE TO COMPLETION OF THE CAPITAL PROCESS, AND THEN THE
00:39:47
Unidentified Speaker, -
COLLATERAL REVIEW PROCESS BEGINS. THIS IS HABEAS CORPUS IN THE FEDERAL DISTRICT COURTS AND THE WHOLE OTHER APPELLATE PROCESS KICKS IN. SO JUST AS...
00:41:46
Unidentified Speaker, -
HE'S APPROVED THAT SENTENCE AND NOW IT'S GOING FORWARD WITH FEDERAL CIVIL HABEAS REVIEW RIGHT NOW. SO THAT'S THE ONE, IF YOU WILL, THAT'S FARTHEST ALONG...
00:42:24
Unidentified Speaker, -
SOME, THE MOST RECENT CASE, IT WAS COMMUTED FROM HE HAD A DEATH SENTENCE
00:42:29
Unidentified Speaker, -
AND HE WAS
00:42:32
Unidentified Speaker, -
COMMUTED TO LIFE WITHOUT PAROLE AND THAT CASE WENT OFF THE DEATH PENALTY DOCKET, IF YOU WILL. THE ONE FARTHEST ALONG IN THAT REGARD HAS HAD HIS SENTENCE...
00:43:26
Unidentified Speaker, -
SOME OF THOSE CASES, AS GENE TALKED ABOUT, IN ONE CASE, AT LEAST -- ACTUALLY IN AT LEAST TWO CASES, THE INDIVIDUALS HAVE BEEN ACQUITTED. TWO CASES QUITE...
00:44:43
Unidentified Speaker, -
WHO HAS WRITTEN EXEXTENSIVELY ABOUT THE MILITARY DEATH PENALTY. IN ADDITION, PROFESSOR GARY SOLIS, A MEMBER OF THE ADVISORY BOARD AND TEACHES AT WEST...
00:46:40
Unidentified Speaker, -
YEARS. SO JUST FROM THE TIME IT GOT TO THE PRESIDENT'S DESK TO THE PRESIDENT SIGNING IT WAS AN ADDITIONAL EIGHT YEARS AFTER ALL THE OTHER APPEALS...
00:47:18
Unidentified Speaker, -
I THINK PRESIDENT BUSH WAS A GOOD CANDIDATE
00:47:22
Unidentified Speaker, -
TO LET ONE GO FORWARD AS HE AS GOVERNOR OF TEXAS IMPLEMENTED DEATH SENTENCES AND WAS PRO-DEATH PENALTY AT THE SAME TIME. EVEN HE TOOK SEVEN YEARS TO...
00:48:02
Unidentified Speaker, -
EXECUTIONS. >> I HAVE TWO QUESTIONS. THE FIRST ONE IS COULD HASAN REMAIN AT FT. HOOD ONCE HE'S HEALTHY ENOUGH TO GO INTO CONFINEMENT, COULD THEY MOVE...
00:48:27
Unidentified Speaker, -
SEE EVERYTHING FINISH UP OR DO YOU HAVE A GUESS? >> IF I WERE TO GUESS, I WOULD SAY THIS IS MID-NOVEMBER, I WOULD SAY TRIAL MIGHT WELL BE OVER A...
00:48:54
Unidentified Speaker, -
VIRGINIA. THE MILITARY DOES NOT FUNCTION AS A ROCKET DOCKET, PARTICULARLY IN THESE CASES. EVEN THOUGH IT IS SOMETIMES SAID THAT THE PURPOSE OF THE...
00:49:04
Unidentified Speaker, -
DISPENSE
00:49:05
Unidentified Speaker, -
PROMPT, YOU KNOW, LICKETIE-SPLIT TYPE JUSTICE. IT ACTUALLY DOESN'T FUNCTION THAT WAY. IT'S QUITE A DELIBERATIVE PROCESS. >> TO YOUR FIRST QUESTION, MY...
00:49:33
Unidentified Speaker, -
ANTONIO AND IT ALSO MAY FUNCTION AS A RESULT OF IF AND WHERE THE TRIAL'S MOVED TO. SO I THINK THE ANSWER'S THE ABILITY IS TO PUT HIM WHEREVER IS --...
00:50:21
Unidentified Speaker, -
IN THE CIVILIAN COMMUNITY AS WELL. THE MILITARY JUSTICE SYSTEM, LIKE THE CIVILIAN JUSTICE SYSTEM, HAS A PROCESS FOR SCREENING JURORS OR MEMBERS. IT'S...
00:51:47
Unidentified Speaker, -
PICKED, IS TYPICALLY BY THAT CONVENING AUTHORITY, HE PICKS SOLDIERS FROM WITHIN HIS JURISDICTION. AND SO WHEN YOU'RE DEALING WITH A COMMANDING GENERAL...
00:52:36
Unidentified Speaker, -
DR. HASAN ON THE ACTIVE DUTY LIST IN THEIR DATE OF RANK. >> AS A REQUIREMENT, HE COULDN'T REQUEST HAVING ENLISTED? >> HE WOULDN'T GET IT. ENLISTED...
00:53:01
Unidentified Speaker, -
BY ENLISTED PERSONNEL. >>
00:53:05
Unidentified Speaker, -
GENERAL COURT-MARTIALS, MEMBERSHIP IS SEVEN OR NINE? >> IT HAS TO BE 12 FOR A CAPITAL CASE NOW. THAT'S A RELATIVELY RECENT REFORM, BY THE WAY. >> THAT'S...
00:53:28
Unidentified Speaker, -
OLD RULE UNTIL THE RECENT CHANGES, YOU
00:53:31
Unidentified Speaker, -
HAD TO HAVE AT LEAST FIVE FOR A GENERAL COURT-MARTIAL PANEL AND THAT WAS USED
00:53:35
Unidentified Speaker, -
EVEN IN CAPITAL CASES. NOW, I THINK IT WAS PARTIALLY IN RESPONSE TO
00:53:42
Unidentified Speaker, -
THE FIRST COX COMMISSION, THAT NMIJ SPONSORED, IT HAS TO HAVE AT LEAST 12 SO YOU COULD POTENTIALLY HAVE 15 PEOPLE SIT ON THE CASE AND THAT'S SOMETHING...
00:54:40
Unidentified Speaker, -
SIDE. DR. HASAN HAS EMPLOYED A RETIRED ARMY COLONEL AS HIS CIVILIAN DEFENSE COUNSEL. THAT'S AT HIS OWN EXPENSE. THAT PERSON IS CALLED THE CIVILIAN...
00:56:06
Unidentified Speaker, -
THERE IS SOME DISCRETION IN IT, MUCH LIKE CIVILIAN COURT. SOME PARTICULAR JUDGES CHOOSE TO DO VOIR DIRE THEMSELVES. IN OTHER WORDS, EACH COUNSEL WILL...
00:56:18
Unidentified Speaker, -
IN CIVILIAN COURTS, THE INDIVIDUAL ATTORNEYS TO ASK THE
00:56:21
Unidentified Speaker, -
QUESTIONS. THERE ARE BOTH CHALLENGES FOR CAUSE AND A SET NUMBER OF PEREMPTORY. SO IT IS A VERY SIMILAR PROCESS AND KIND OF TYPICALLY WHAT HAPPENS, JUST...
00:57:35
Unidentified Speaker, -
PLAUSIBLE BASIS FOR RELEASING A POTENTIAL COURT-MARTIAL MEMBER, THE JUDGE IS SUPPOSED TO GRANT IT. NOW, THE PROCESS IS NOT ALL THAT DISSIMILAR FROM...
00:59:01
Unidentified Speaker, -
OF THEIR GENDER OR THEIR RACE. RELIGION IS NOT QUITE AS CLEARLY RESOLVED AND I EXPECT IT TO BE AN ISSUE IN THIS CASE IN TERMS OF, YOU KNOW, AN ISSUE...
00:59:55
Unidentified Speaker, -
IT'S DIFFERENT IN IMPORTANT WAYS. FOR ONE THING, IT PRODUCES ONLY A RECOMMENDATION TO THE COMMANDING OFFICER, THE CONVENING AUTHORITY. THE CONVENING...
01:01:13
Unidentified Speaker, -
APPEALS? >> WELL, MICHELLE, WHY DON'T YOU -- YOU CAN START ON THAT. WE CAN ALL PROBABLY COMMENT ON THAT ONE. >> WELL, THERE ARE ANY NUMBER OF PITFALLS....
01:01:34
Unidentified Speaker, -
ARE ONES THAT WOULD BE SPECIFIC TO, AND AGAIN ASSUMING THAT THIS WOULD BE A CAPITAL -- CAPITALLY REFERRED CASE, ONES
01:01:42
Unidentified Speaker, -
THAT ARE SPECIFIC TO CAPITAL CASES. WE OFTEN HEAR DEATH IS DIFFERENT AND THERE ARE CERTAINLY SOME VERY IMPORTANT PITFALLS THAT THIS CASE WILL WANT TO...
01:03:31
Unidentified Speaker, -
THE WOODS AND OPENED UP AND SHOT A BUNCH OF FOLKS, KILLING ONE AND INJURING I THINK 17 OTHERS WHILE LAYING AT A MORNING PHYSICAL TRAINING RUN IN THE...
01:05:45
Unidentified Speaker, -
OR ADMITTED BY THE MILITARY JUDGE. THOSE ARE AREAS THAT ARE FRUITFUL SOURCES OF APPELLATE LITIGATION. OBVIOUSLY SPEEDY TRIAL IS AN ISSUE. WE'VE ALL...
01:09:38
Unidentified Speaker, -
THAT'S A GOOD POINT. FOR SHORTHAND, WE'RE ALL USED TO THE PHRASE COMMAND INFLUENCE. MILITARY JUSTICE MAVENS ARE PARTICULAR ABOUT THIS, WE SAY UNLAWFUL...
01:09:59
Unidentified Speaker, -
VARIETY OF SHAPES AND COLORS. PEOPLE HAVE AT TIMES SAID THAT STATEMENTS BY PRESIDENTS AND OTHER SENIOR OFFICIALS HAVE GUMMED UP THE JURY POOL,...
01:11:37
Unidentified Speaker, -
THINKS THE CASE SHOULD BE HANDLED. THAT GUY SHOULD GET THE DEATH SENTENCE OR SOMETHING LIKE THAT. SO THE ISSUE THEN BECOMES RAISED IF YOUR SUPERIOR OFFICER...
01:12:24
Unidentified Speaker, -
YOU CAN'T LAWFULLY KILL PEOPLE FROM COMING FORWARD AS WITNESSES, EITHER ON THE MERITS OR ON SENTENCING. BY THE WAY, LET'S BE VERY CLEAR ABOUT ONE OTHER...
01:13:42
Unidentified Speaker, -
MARTINEZ AND WE WERE TOLD THAT WE HAD TO PROCEED UNDER THE FREEDOM OF INFORMATION ACT. I
01:13:50
Unidentified Speaker, -
THINK EVENTUALLY, HAD WE PRESSED IT, WE MIGHT HAVE GOTTEN SOME TRACTION WITH THE MILITARY JUDGE. I THINK THE JUDGE ULTIMATELY ENTERED SOME KIND OF...
01:15:14
Unidentified Speaker, -
OTHERS, THEY'RE RESPONSIBLE FOR A REGION. THERE MAY BE FIVE OR SIX, DEPENDING HOW LARGE THEIR JUDGE CORPS IS, THAT IS RESPONSIBLE FOR THAT PART OF THE...
01:15:24
Unidentified Speaker, -
WORLD. AND IT'S GENERALLY EITHER THE CHIEF JUDGE FOR THAT REGION OR THAT BASE WHO SELECTS THE ONE WHO WOULD SIT. IN THIS CASE, I WOULD SAY THAT, AND...
01:17:01
Unidentified Speaker, -
SECOND STAGE OF APPEAL BUT IN IMPORTANT RESPECTS, THESE ARE SERVICE BY SERVICE ARRANGEMENTS. NOW, TALKING ABOUT THE MILITARY JUDICIARY, ONE DIFFERENCE...
01:19:09
Unidentified Speaker, -
OR NEXT FEW MONTHS, WHERE BOTH SIDES GET TO GO FORWARD AND PRESENT
01:19:13
Unidentified Speaker, -
SOME EVIDENCE AND THE
01:19:14
Unidentified Speaker, -
OFFICER, WHOEVER IT IS THAT'S IN CHARGE OF CONVENING THAT HEARING, WILL MAKE A RECOMMENDATION
01:19:18
Unidentified Speaker, -
TO THE COMMANDING
01:19:20
Unidentified Speaker, -
GENERAL OF GO FORWARD WITH CHARGES, GO FORWARD WITH THESE SPECIFIC CHARGES, MAKE A RECOMMENDATION THAT HE EITHER BE CHARGED CAPITALLY OR NOT CAPITALLY,...
01:20:24
Unidentified Speaker, -
THIS ISN'T GOING ON IN A VACUUM. CONGRESS, AS I THINK GENE SAID, ALL THREE BRANCHES ARE INVOLVED IN THIS. WHAT DOES THAT MEAN? >> WELL, I DO THINK THAT...
01:20:56
Unidentified Speaker, -
I'M SURE I'M PREACHING TO THE CHOIR BUT I WOULD HOPE THAT SENATOR LEVIN, CHAIR OF THE ARMED SERVICES COMMITTEE, AND HIS OPPOSITE NUMBERS WOULD BE...
01:22:33
Unidentified Speaker, -
PRODUCTIVE.
01:22:34
Unidentified Speaker, -
IT MAY WELL HAVE GALVANIZED THE ADMINISTRATION INTO APPOINTING SECRETARY WEST AND ADMIRAL CLARK TO DO THE KIND OF INVESTIGATION THAT APPARENTLY IS BEING...
01:23:38
Unidentified Speaker, -
GENERAL OR SOMEONE FELT THAT THESE CRIMES WERE CRIMES OF TERRORISM AND THEREFORE, FELT THERE WAS A DIFFERENT VENUE TO TRY THEM SUCH AS FEDERAL DISTRICT...
01:24:28
Unidentified Speaker, -
NOW. SOME OF THESE ISSUES MAY INTERSECT AND ONE OF THEM IS THE WILLINGNESS OF THE BAR TO COME FORWARD AND REPRESENT INDIVIDUALS WHO ARE LET'S SAY...
01:25:53
Unidentified Speaker, -
ABOUT TO UNFOLD, SO I WANT TO THANK ALL OF YOU. WE ARE ADJOURNED. I THINK, HOWEVER, IF ANYBODY HAS ANY INDIVIDUAL QUESTIONS, OUR PANEL WILL BE WILLING...
01:26:40
Unidentified Speaker, -
SO THIS EVENT LOOKING AT THE COURT-MARTIAL PROCESS FOR THE ACCUSED FT. HOOD SHOOTER IS WRAPPING UP AND WE'LL HEAR MORE NOW ABOUT THE RECENT SHOOTING AT...
01:27:08
Unidentified Speaker, -
HOUR. >>

NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.

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