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Major Hasan's Defense

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Maj. Nadal Hasan, the Jihadist Ft. Hood shooter, has been allowed to represent himself.  Fine.  He has a Constitutional right to do so, if sane, which he is after a fashion.  

Indeed, it seems that Maj. Hasan is as creative as any defense lawyer, which is saying something.  The Washington Post reports that he is going to argue he needed to act to protect others.  

Now admittedly that might be a bit of a stretch, since the doctrine of defense-of-others requires that the defendant have an objectively reasonable belief that the others were in imminent danger of great bodily harm or death from the persons he attacked.  

At a hearing Tuesday, [Judge] Osborn asked what evidence he had to support his defense. He said Taliban leader Mullah Omar [about 10,000 miles away, so far as is known] and "leadership of the Taliban in general" were in immediate danger from American troops on the Texas Army post, because "the U.S. has attacked and continued to attack the Taliban."

Oh, OK.  Of course the more nettlesome obstacle to the defense-of-others theory might be that the "others" are foreign terrorists at war the United States, and Maj. Hasan is a member of the US Army.

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