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Nidal Hasan execution will be live-streamed, Pentagon official says

No.31344 View View Original Report
https://abcnews.com/amp/Politics/hegseth-hasan-execution-public/story

The execution of Nidal Hasan, the former Army major who killed 13 people and wounded 32 others in a 2009 shooting at Fort Hood, Texas, will be live-streamed, a Pentagon official told ABC News on Thursday.

Hasan, who described the attack as an act of jihad, is scheduled to be executed by firing squad on Dec. 3 at the same base where he committed the attack.

Public executions were once common in the U.S., but states began restricting and abolishing the practice in the mid 19th and early 20th centuries. The last widely recognized public execution was carried out in Kentucky in 1936.

Defense Secretary Pete Hegseth said in a media interview that Fort Hood was chosen because that was where Hasan carried out the attack and that the 1 p.m. execution time was selected to roughly coincide with when the shooting began.

President Donald Trump ordered the Army to execute Hasan, which would be its first execution since 1961, and to do so by firing squad. The military has not used that method since 1945 and no longer has a modern procedure for administering it.

The choice of a firing squad forced the Army to abandon months of planning built around a very different kind of execution. Internal documents reviewed by ABC News show that officials had been preparing to use lethal injection if Trump authorized the execution of one of the four prisoners on the service’s death row.

Trump’s approval last Friday came only days after the botched lethal-injection execution of Christa Pike in Tennessee, who survived. Pike had been sentenced to death for her role in a 1995 murder.

John Galligan, a retired Army colonel and former military judge at Fort Hood, has represented Hasan for years as a civilian attorney and said he spoke with him Wednesday.

Hasan represented himself during his court-martial but Galligan remained involved in his legal counsel. He told ABC News that Hasan was notified late at night that Trump had approved the execution and that no defense attorney was present when he received the notice.

Last year, the Supreme Court declined to review Hasan’s court-martial conviction. However, Hasan could still seek habeas corpus relief in federal court, potentially delaying the execution.

Following his conversation yesterday with Hasan, Galligan said filing for a habeas petition is “a distinct possibility,” but that they have not yet made a final decision on how they will proceed.

Galligan criticized the Army for scheduling the execution close to the earliest date allowed under its regulations saying officials are, “pushing to get this done at earliest time possible.”

He was especially critical of the decision to carry out the execution at Fort Hood, citing medical concerns for how Hasan, who is paralyzed and in a wheelchair as a result of military officers who subdued him during the shooting, will be transported to the facility. Hasan is currently imprisoned at Fort Leavenworth, Kansas.

Army rules require an execution to be scheduled between 60 and 150 days after presidential approval, placing Hasan’s execution almost as early as the rules permit.

Galligan said that Hasan’s demeanor was calm after receiving the news of Trump’s approval of his execution Monday, but that he was surprised when Galligan told him that the execution would take place at Fort Hood.

“I'm surprised and shocked that they want to bring him back to Fort Hood. I think it's more of a public spectacle, closely akin to almost, I see it more as political theater,” Galligan said, adding that making the execution public is, “not great for the confidence in our system of justice.”