Col. John P. Galligan, Hasan Attorney, Discusses Meeting With His Client (VIDEO)

Retired Col. John P. Galligan, the civilian attorney for suspected Fort Hood shooter Nidal Hasan, gave an interview to CBS's The Early Show this morning. He told anchor Harry Smith that he has met with his client "for about 30 minutes" and confirmed that Hasan is "coherent."

Col. Galligan, hired by Hasan's family, would not reveal much about his defense strategy, but warned that he does not believe Hasan can get a fair trial because of the intense media scrutiny of the case.

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Comments

[atoonce]

No one in their right mind is going to perceive this man as a victim.

[JNagarya]

That depends on what the full facts are, doesn't it?

Or are you fact-averse?

[Hontas Farmer]

A brave man once requested me
To answer questions that are key
"Is it to be or not to be"
and I replied Oh why ask me!

How many conversations like that did Hasan have? How many can you have before loosing it? How many brave men who had lost limbs, seen friends die by roadside bomb, or suffered massive brain injury asked him a psychologist such a question? How many of our brave women asked him why... perhaps why his people hate america?

Was he treated equally by his comrades in arms. Yes his was a major ... did others treat him accordingly? A soldier who lived in the same complex saw him, an Arab, and keyed his car.

Those aren't excuses, but people don't become murderers by themselves. Loyal soldiers don't become traitors without a reason.

[Hontas Farmer]

In case some don't get it. The stanza above is from the theme song from M.A.S.H "Suicide is Painless". It comes to mind because it's in my music library and last thursday afternoon my computer choose to play that. Suffice it to say from now on I will not think of a movie when I hear it.

http://www.ilike.com/artist/Johnny+Mandel/track/Suicide+Is+Painless?src=onebox

[Eyepublius]

Harry Smith tried to dig out a few "red meat" sound bytes for future airing, but Ret. Col Galligan would not take the bait and rightly so. The media want sound bytes to milk every day like "...did he act alone," "...is he a terrorist," "...did he have contact with other radicals," etc. etc.

The public and the media all need to wait and see... strange things come out during trials that never were those things specutated in by the media or radio "talk show hosts."

I suspect this one will be no different.

[Arrech]

The Army -- ever-vigilant about "Don't Ask, Don't Tell" -- failed to follow up on suspicions about shooter

[JNagarya]

ALLEGEDLY.

[Arrech]

Not allegedly. Look around at the dead and wounded.

[Sorti]

Is America a fair weather democracy (Where we only have rights when everything is going perfect) or even when someone does something overwhelmingly terrible during war (Even thought only a tiny sliver of America is truly at War) do we just execute this guy without a second thought, only a show trial?

I hope we are a real democracy, that will let this guy try to save his own life. Then after we know he is not crazy and clearly guilty we have a military execution.

Someone has to die for this, revenge is not my thing, but I'm sure he won't be alive in a few years.

I'm wondering who is going to play what parts in the many TV movies that will re-tell this story till our eyes bleed. That main terrorist actor from that Showtime series a few years back is a nice guy and plays a wonderful terrorist.

[pickles n pops]

This is in no way intended to be disrespectful of the soldiers in that room. I'm just asking a question. Why wasn't a lone gunman with a non-automatic (OK semi-automatic) pistol not rushed, overpowered, and subdued by the throng in that room? Why was he allowed to continue shooting and reloading time after time? Was it his rank? Fear of being killed? Or something else? I think we need to know.

[Cloud30]

Are you aware of how quickly those rounds could be let off? And do you really think anyone would be thinking rationally? It's their home..being murdered at their base on their home soil is the last thing they would have expected. I'm sure they were initially shocked..and frankly he jumped on a table so it'd be hard to rush someone like that. Put yourself in that situation...too often ppl analyze situations and see flaws as if it would be that much different if they were in that situation

If a fellow soldier randomly started opening fire the last thing I'd be thinking about is rushing. I'd be lost in confusion..and not knowing what to do. But remember once again he was on a table..and those rounds go off pretty quickly

[pickles n pops]

I'm answering Cloud30, but thanks to everyone for your excellent replies.

I guess the problem I'm having here is with the mindset in that room, on that day. Was the thinking "OMG! How do *I* get out of this without getting shot?" instead of "How can *we* take this guy out?"

The people in that room were all *volunteers*--not conscripts­--*warrior­s* if you will. And Basic Training is supposed to prepare you *mentally* for combat--not just physically, so that you react *instinctively*. Battles do not usually occur on-schedule--and this was definitely a battle.

If an armed gunman breaks into your home, will you cower in a corner, while he shoots members of your family one by one? If you see a bully assaulting someone on the street, will you just keep walking, pretending not to notice?

Watching Chief of Staff Casey on the Sunday talk shows made me physically ill. He seems preoccupied with maintaining diversity in our military instead of concentrating on how to break things. I want our military to be very good at the latter, and to hell with the former.

[Zyzzygowski]

I suppose you had to be there to know for sure.

[notb observer]

When you go into a fight, you are mentally prepared for it. Your mental state changes considerably from its normal state. You expect to see action, and you are prepared to defend yourself. The more you do it, the easier it is to switch back and forth in and out of that stressful state of mind. There are many other factors that make the transition easier. You are with your buds and you have your rifle, your gear and you've been briefed and are emotionally pumped.
When you are faced with a completely unforeseen situation like the one at Ft Hood, you are not mentally prepared and the environment itself is disorienting. You lose the initiative, and you lose a lot of tactical advantages, such as surprise. The more time passes, the worse it gets.
Basically, these people were in a shooting gallery, and many were probably on a first deployment so they had no real combat experience. There is no training or precedent to prepare a soldier to deal with being in a shooting gallery with no weapon... It has nothing to do with rank, and I doubt they even had a chance to see Hasan's rank anyway. Maybe somebody with SWAT experience would have been better able to adapt quickly, but without a weapon, there's not much you can do.

[OLJW00]

A high-powered handgun is a formidable weapon - and to even consider the fact he wasn't rushed because of his rank isn't even worthy of discussing.

Yes - people are afraid when under fire and no means to protect yourself. You may not realize it but unless actually on the battlefield no one (save for the police on base) carries a weapon of any kind.

[hsfrey]

New Rule!

Commit a crime so massive and horrible that it attracts Media attention, and you get a free pass, because you can't get a "fair trial" because of the media attention!

Well, that's what lawyers are paid for.

[njborne]

I've read the post. I agree with most. For me, I'm simply pleased to hear that this evil person is alive. Not it's his time to suffer the system, although we know the outcome. Squeeze him for info and then take him down. He's a coward to the nth degree. He deserves and will receive the harshest punishment of all; life with out the possibility of parole and eternal isolation. Basically, let him rot in prison.

[JNagarya]

How do you know his state of mind? Are you a mind reader?

[aspiecelia]

I prefer to have all the facts before I judge people. Evil usually ends up being mentally ill.

[Ariadne38]

Act of treason--c­ourtmartia­l--take it from there.

[OLJW00]

He will receive the death penalty - as he should.

[bluesmann]

We need to bring all our troops home...no use fighting overseas when we already have rad-icals inside our own military..­.unbelieva­ble...!!

[Okieborn]

Indeed !!!

[CPR]

I second that!!

[roshni]

Court Martial him - quick trial, quick sentencing.

[mkdallas]

I'm not sure I understand why the attorney even expects this to go to trial. As several others posts have indicated, Hasan was identified by numerous witnesses as the shooter. Additionally, his neighbors have all given statements as to his preparations prior to what they believed to be his deployment: giving away his possessions, clearing out the fridge, saying goodbyes in person. With all that pre-departure planning and the witnesses, it will be almost impossible to enter a plea of insanity. It's very obvious that this was a military-type execution of innocent victims, with plenty of forethought. If Hasan wants to do anything at all to begin atoning for his crime, he should plead guilty, save taxpayers the costs of a trial and accept his sentence.

[JNagarya]

It's called "due process".

The defendant is presumed innocnet unless and until proven otherwise.

It is the task of the prosecution to PROVE guilt -- not of the defendant to prove innocence.

It is the defense's task to at very least endeavor to come out in the end with as small a penalty as possible.

Howevermuch that process might appear to be a "technicality," it is how such matters are done.

The reality is at this point that we don't know the sate of his mind -- before, at the time, or now. What facts we do have do indicate a severe conflict he endeavored to escape by not being deployed -- but that was ignored by the military. There's more going on than just him.

[HighPlainsJoker]

We do not need a trial by current American law. Under the Patriot Act he could be declared a terrorist, imprisoned, tortured, and kept for life. Now if we want the death penalty, we may need to send jurisdiction to Texas courts where that will obtain post haste. Under the Patriot Act I don't think killing is allowed.

[C Pollard]

He will be tried in a military court. Not a Texas court.

[MadMarv]

Why is he getting a civilian attorney? His trial will be in a a Court Martial under the Uniform Code of Military Justice. I would think he will have instead an active duty military lawyer defending him.

[HighPlainsJoker]

Civilian lawyers are permitted in military courts martial. I think the case could be transferred to state jurisdiction if the military choses, but a legal expert should comment on that. I am not one.

[aztecdiva]

Come on... The man has said he was harrassed by the Army. Do you really think that an active duty military lawyer will work for him or for the government. Based upon all the leaks to the media about his conduct, there is no way he or his family would think that an active duty military lawyer will work in his best interest. He needs a civilian lawyer who has been a military lawyer and familiar with the court martial procedures..

[Melissa]

The man is a terriorist. we paid for his college, med school, etc. and he turns around and kills 13 of our finest. I wonder how long he planned this attack?

[merger]

I want to hear all the evidence before they vote to hang him.

[Suggie]

13 dead and 31 injured isn't enough for you?

[stevensnell]

"Well, usually we have a trial, but we don't need to have one this time, because this guy is guilty." I don't think that is the standard we want to set up.

[CrankyGal]

I think merger was making a joke Sug.

[JNagarya]

No, it isn't. Facts are relevant, including state of mind.

[pmturnerjr]

Provided that Nidal Hasan is afforded the legal process that the right of every American citizen, I am confident that the outcome will be just.

It is when the crazies in this country start sounding like a lynch mob, and we start to look no better than the religious fanatics that we condem in the Middle East, that I fear for this country.

Let's have faith in the system of law and order that is the very core of what makes America great. It's what our soldiers are fighting for, and what patriotic Americans support and believe in.

When did we loose faith in the very laws and government that were created by our forefathers, and that we support by the act of democratic elections?

If we sucumb to fear, and turn our backs on the very laws, processes and values we, as a nation, have always professed to stand for, then we are no bettter than that extremists in other countries that some of us are all too ready to condem.

[HighPlainsJoker]

Read the Patriot Act and the Military Commission Act. Your fears are already realized in law if not yet in action against more than two or three Americans to date, but against several hundred Arabs, etc.

[davidmnc76]

Try reading the UCMJ.

[Flobbo]

technically he should be tried under military justice and jurisdiction