Judge: Accused Fort Hood shooter cannot argue he was defending Taliban

Friday, June 14, 2013 - 9:00pm

 A military judge on Friday struck down Army Maj. Nidal Hasan's planned defense that he was acting to protect the Taliban in Afghanistan when he killed 13 people in November 2009 at Fort Hood, Texas.

The judge, Col. Tara Osborn, ruled that there was no evidence there was an immediate threat by anyone at the Army post to people in Afghanistan.

She also ruled that Hasan, as a uniformed soldier, had no justification to kill other soldiers.

Osborn barred Hasan, who faces a possible death sentence, from presenting any evidence or arguments to support a "defense of others" claim during his upcoming court-martial.

The judge's ruling came as Hasan, who is acting as his own attorney, accused the military attorneys ordered to aid him of failing to support his "defense of others" motion.

Osborn ruled the adequacy of assistance was irrelevant in the matter as no amount of legal research or argument would resulted in a different ruling.


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