Fort Hood Terrorist Trial: Court Denies Nidal Hasan’s Motion to Access NSA Surveillance Evidence

Photo Credit: APBy Associated Press. The Army psychiatrist charged in the deadly mass shooting at Fort Hood, Texas, cannot access evidence obtained through secret electronic surveillance, a federal appeals court ruled.

The 5th Circuit Court of Appeals in New Orleans also denied Maj. Nidal Hasan’s motion to suppress the evidence the government plans to use against him. The court’s decision Wednesday upheld a lower court’s ruling issued before Hasan recently began serving as his own attorney.

Hasan faces execution or life without parole if convicted in the 2009 rampage that left 13 dead and nearly three dozen wounded on the Texas Army post. Jury selection in his court-martial started Tuesday at Fort Hood, and testimony in the trial is to start Aug. 3.

In his motion, Hasan’s attorneys had argued that without access to the evidence obtained through the Foreign Intelligence Surveillance Act, or FISA, his legal rights would be violated. But the appeals court said “it cannot be said that this exclusion rises to the level of a constitutional violation.” The ruling said every appeals court that has considered a constitutional challenge to FISA has upheld the statute. Read more from this story HERE.

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Fort Hood massacre trial: Hasan goes on the defense

By Rick Jervis. Kimberly Munley has spent countless hours rehabilitating a shattered knee while trying to erase haunting images of a rampaging killer’s 10-minute onslaught here four years ago.

Now Munley faces another ominous challenge: the prospect of answering questions from her would-be murderer in a military courtroom.

Munley, 38, is one of several dozen survivors of the shooting assault by Maj. Nidal Malik Hasan, an Army psychiatrist accused of opening fire on soldiers and civilians at Fort Hood in 2009. Hasan is charged with killing 13 people and injuring nearly three dozen more before police shot him, paralyzing him from the waist down. The American-born Muslim, who has acknowledged his role in the shootings, faces the death penalty in a case that spawned congressional hearings as well as an ongoing debate as to whether the shooting was a terrorist attack or “workplace violence,” as the Pentagon has classified it.

“It’s hard when the guy who tried to kill you is up there asking you questions,” said Munley, a federal police officer at Fort Hood at the time who was the first person to confront Hasan, exchanging gunfire with him. “That’s a whole different monster.” Read more from this story HERE.