|Maj. Nidal Hasan|
The military judge asked Maj. Nidal Hasan if he has evidence to support his "defense of others" strategy, hinting that it could be thrown out. Such a defense requires Hasan to prove the 2009 killings were necessary to protect others from immediate harm or death, and military law experts not involved in the case said the judge is unlikely to allow him to present that defense.
"A 'defense of others' strategy is not going to work when you're at war and the 'others' are enemies of the U.S.," said Jeff Addicott, director of the Center for Terrorism Law at St. Mary's University in San Antonio. "And what makes it more egregious is that he targeted medical personnel whose primary purpose was to heal, not to kill."
While Hasan's argument may have been a bit more sympathetic if he said the rampage was necessary to protect Muslim women and children, that defense strategy does not apply in a war situation, said Lisa M. Windsor, a retired Army colonel and former judge advocate. Still, it's unclear what Hasan may present because attorneys are not allowed to give evidence themselves, said Windsor, an attorney specializing in military law. Read more