A Tale of Two Massacres

View 734 Tuesday, July 24, 2012

I am a bit behind and just catching up. There are many things to write about, many of them topical news. I generally try to stay away from breaking news, but I think we know enough about one recent incident; I doubt any new relevant facts will emerge. I mentioned the Colorado murders yesterday http://www.jerrypournelle.com/jerrypournelle.c/chaosmanor/ and I agree with Hansen on the matter. And we certainly aren’t going to learn more of interest about the Fort Hood murders.

A reader asks why The Fort Hood murderer has not yet faced trial.

Article 118 of the Uniform Code of Military Justice says:

“Any person subject to this chapter who, without justification or excuse, unlawfully kills a human being, when he—”

(1) has a premeditated design to kill;

(2) intends to kill or inflict great bodily harm;

(3) is engaged in an act that is inherently dangerous to another and evinces a wanton disregard of human life; or

(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson; is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.

= = =

According to all the sources I pay attention to, there were plenty of witnesses to the murders, 13 people were killed, and Major Nidal Malik Hasan was apprehended in the act. This took place on a US military institution so the question of jurisdiction does not apply. Murder has been covered by military justice codes for most of the life of the republic; I am from the days when the Articles of War were read to the troops on Sunday mornings, and murder was certainly in the Articles, and as many of the Articles ended, “shall suffer death or such other penalty as a Court Martial shall decide.” (I probably ought to omit the quotes since this is from memory but it’s close enough.)

The Army has the full authority to end this matter. It took place on November 5, 2009, and it only takes an order from the Commander in Chief to end the matter. Apparently President Obama has not so directed the Commandant of Fort Hood to end the matter. I do not think I have ever heard the President’s explanation.

I am told that he promises swift justice for the Colorado Movie House murderer although in fact he has no jurisdiction in that matter, it not having happened on a military post. But perhaps that was not taught at Harvard? We have no way of knowing. But every time Mr. Obama discusses the Colorado murders it might be well to ask him why he doesn’t let the Army deal with Major Nidal Malik Hasan.

My guess is that if the current federal government gets involved in the Colorado massacre we will not see justice for a long, long time. And Major Nadal Malik Hasan will outlive me.

More after lunch