Official Recommends General Court-Martial for Hasan
By Jim Garamone
American Forces Press Service
WASHINGTON, Mar. 4, 2011 An Army official has recommended that Maj. Nidal M. Hasan be tried before a general court-martial, officials at Fort Hood, Texas, said today.
Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5, 2009, attack on troops readying to deploy to Afghanistan.
The commander of the post’s 21st Air Cavalry Brigade, Col. Morgan Lamb, has recommended the charges pending against Hasan be sent to a general court-martial. The colonel’s recommendation is nonbinding; the convening authority – in this case, 3rd Corps commander Army Lt. Gen. Robert W. Cone – will make the final decision.
Officials at the post released the information after Hasan’s defense counsel publicly released the recommendation.
Army lawyers are reviewing the charges and the Article 32 investigation to provide legal advice on the case to Cone. An Article 32 hearing under the Uniform Code of Military Justice is similar to a civilian grand jury hearing.
Fort Hood officials said in a news release that a general court-martial convening authority has several options upon receipt of charges from a subordinate commander, including, but not limited to, dismissing the charges, referring them to court-martial or sending them to a different convening authority for possible action. It is the only type of court-martial in which capital punishment is a possible sentence for certain offenses.