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Judge Could Order Fort Hood Shooter to Be ‘Forcibly Shaved’ Before Trial — But Should He? (Take Our Poll)

Aug. 22, 2012 6:59pm Jason Howerton

Texas Judge Could Order Fort Hood Shooter to Be Forcibly Shaved Before Trial

This undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram shows Nidal Hasan. Another pretrial hearing is set in the case of the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage. Maj. Nidal Hasan will be in the courtroom Friday, Aug. 3, 2012, only if he shaved his beard (Credit: AP)

(TheBlaze/AP) — A judge has the right to order an Army psychiatrist charged in the 2009 Fort Hood shooting rampage to be forcibly shaved before his murder trial, military attorneys told an appeals court Wednesday.

The attorneys, in a document filed on behalf of Col. Gregory Gross, contend that forcibly shaving Maj. Nidal Hasan would not violate the American-born Muslim’s religious freedoms and said it is similar to “and no more invasive than” a judge’s right to restrain a defendant who is disruptive during a court-martial.

“Forced shaving is not a novel concept in the military,” military attorneys said in the judge’s response filed with the U.S. Court of Appeals for the Armed Forces. “Army regulations expressly authorize nonconsensual haircutting and face-shaving for recalcitrant incarcerated soldiers. … If the judge has authority to bind and gag a disruptive accused (soldier), then certainly he has authority to forcibly shave (Hasan).”

Last week that appeals court delayed Hasan’s court-martial, which had been set to start earlier this week with jury selection, while it considers his appeal to being forcibly shaved. Now that the judge has responded, the court can make a decision or choose to hear oral arguments in the case first.

Hasan has grown a beard to express his Muslim faith. His defense attorneys have said he won’t shave since he’s had a premonition that his death is imminent, and he doesn’t want to die without a beard because he believes not having one is a sin.

Hasan faces the death penalty or life in prison without parole if convicted in the November 2009 attack on the Texas Army post that killed 13 people and wounded more than two dozen others.

Gross has banned Hasan from courtroom hearings since he first showed up in court in June with a beard, letting him watch the proceedings on a closed-circuit television in a nearby room. But Gross said Hasan will be forcibly shaved before the trial if he doesn’t shave himself. The judge has said he wants Hasan in attendance during the court-martial to prevent a possible appeal on the issue if he is convicted.

Gross’ response also told the appeals court that his order does not violate Hasan’s religious freedoms. Army rules prohibit beards, and those who join the military have agreed to give up certain personal interests over the needs of the service to maintain good order, discipline and security, according to the document.

In urging the court to deny Hasan’s appeal and to allow the trial to proceed, Gross’ response said that his order to forcibly shave Hasan ensures “that a military trial proceeds without a distracting and disruptive sideshow featuring an officer-accused flagrantly disrespecting the Army, his superiors, and the military judge.”

The trial is expected to last more than two months at Fort Hood, about 125 miles southwest of Fort Worth.

Weigh in on the issue and take our poll:

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Comments (452)

TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on August 22, 2012 at 7:38pm
RJJ. Although my comment was in jest (or was it? lol)… I’m with you in the end though.

‘Nuff of this nonsense. Shave it off… or not… just get to the “guilty verdict” already…

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daveposh
Posted on August 22, 2012 at 7:37pm
He didn’t have the beard when he killed 13 people. His request to keep the beard is bull crap.

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paperpushermj
Posted on August 22, 2012 at 7:36pm
What do you mean “Could Order”?
He’s an embarrassment but he is still on the payroll as an Officer in the US Military.

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Hydra
Posted on August 22, 2012 at 7:33pm
Its a beard, I mean what the hell is the difference. How much more tax payers money will be wasted on the **** on this guys face? Does the beard increase his chances of getting off? So just proceed with the stupid trial if he has **** or not. All these stupid F’n rules just to prove a point. Convict him, execute him, and move on.

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RJJinGadsden
Posted on August 22, 2012 at 7:29pm
Even though, I would not mind that much to see the forced shaving. I have seen a couple of forced **** cuts. Not pretty at the end. But, as I said in a previous story, just skip the shave, stop wasting the obvious gobs of money and get the trial over with, and shoot for the public’s and veterans’ most desired sentence.

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DEMOCRATS.ARE.EVIL
Posted on August 22, 2012 at 7:29pm
I like it. Muslim justice for the traitor.

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Impenitent
Posted on August 22, 2012 at 7:24pm
shave him all day; he still will not look like kojack

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RJJinGadsden
Posted on August 22, 2012 at 7:24pm
LoL!

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ginger100
Posted on August 22, 2012 at 7:23pm
If he doesn’t shave for fifty years then it’s on him. Lock him up in solitary until he feels like resuming the trial. He could die there from his own stupidity.

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- rt elms
  Posted on August 22, 2012 at 7:26pm
  Firefox browser with Adblock and you’re popup free.
- ginger100
  Posted on August 22, 2012 at 7:29pm
  Ok
  
  Report this comment
- lukerw
  Posted on August 22, 2012 at 7:34pm
  In the Military… by General Order… a General sets the DRESS CODE!
  
  Report this comment
- Wolfgang the Gray
  Posted on August 22, 2012 at 8:20pm
  The answer about shaving him or not has nothing to do with his religion or the number of people he killed. As a member of the US Armed Services, he is subject to the UCMJ (Uniform Code of Military Justice). Also as a US Army officer and is accountable under Army Regulation 670-1, section 1-8a2b and c, which states:
  
  (b) Males will keep sideburns neatly trimmed. Sideburns may not be flared; the base of the sideburn will be a cleanshaven,
  horizontal line. Sideburns will not extend below the lowest part of the exterior ear opening.
  (c) Males will keep their face clean-shaven when in uniform or in civilian clothes on duty. Mustaches are permitted; if worn, males will keep mustaches neatly trimmed, tapered, and tidy. Mustaches will not present a chopped off or bushy appearance, and no portion of the mustache will cover the upper lip line or extend sideways beyond a vertical line drawn upward from the corners of the mouth (see figure 1–1). Handlebar mustaches, goatees, and beards are not authorized.
  
  Whether or not he was a Muslim when he joined the Army, he is accountable and no special allowances for facial **** or headgear are given for religious reasons. He’s a US Army Major, grab his head, shave is head to get him within regulations, put him in his uniform, and put him before the court.
  
  Anyone who has a problem with that, go home and cry to Allah.
- hidden_lion
  Posted on August 22, 2012 at 8:29pm
  Just charge him with disobeying orders and get on with it. He never should have survived to be charged in the first place.
  
  Report this comment
- iblvingd
  Posted on August 22, 2012 at 8:44pm
  I say leave it, it shows who he really is. A Muslim, who should have never been in the Military. Let him keep up with dishonoring the UCMJ. It should just be another thing added to the list of wrong doings done by this man, and he should be charged accordingly.
  
  Report this comment
- crackerone
  Posted on August 22, 2012 at 8:55pm
  Make him cut it off and give him a Brazilian haircut before they execute him.
  
  Report this comment
- Captain77
  Posted on August 22, 2012 at 9:19pm
  Don’t get me wrong, the evidence is overwhelmingly shows he’s guilty, however he is still afforded the right of innocent until proven guilty, which is not determined until after the trial. With that said, the poll was misleading. NO ONE LOSES THEIR RIGHTS UNTIL AFTER CONVICTION! And why the hell do we care wether or not the man is shaving. Its a stupid distraction and a wast of tax payers time and money to make this an issue. Get on with the trial already and get over the stupid stuff!
  
  Report this comment
- Al Gator
  Posted on August 22, 2012 at 9:31pm
  Have five naked playmates strap his **** down naked, and then DRY SHAVE THE SOB from top to bottom.
  
  Make him stand trial in his skivvie shorts only.
  
  I want to OFFEND his mudslimz beliefs in the worst way.
  
  (Feed him bacon for a week before the trial.)
  
  Report this comment
- fooltx
  Posted on August 22, 2012 at 9:49pm
  ha, yeah slather him in bacon grease and cut off his lousy mange.
  
  i am a conservative, maybe a little libertarian, but for this crime why dont we have a law thats says you have a one day trial, bring in the witnesses, judge, firing squad, and get it over with. oh by the way wheres susan sarandon and her ilk that would want to save his sorry ***.
  
  Report this comment
- Gold Coin & Economic News
  Posted on August 22, 2012 at 10:41pm
  Honestly, these animals cut the head off of people and we have to ask if shaving the beard off of one of these monsters is okay. Who gives a rip, just execute the friggin guy.
  
  Report this comment
- SCREW-WINDOWS
  Posted on August 22, 2012 at 11:38pm
  You are afforded the right to a fair and speedy trial the longer it is delayed the better the chance he will get off on a rights violation.
  
  Report this comment
- NancyBee
  Posted on August 22, 2012 at 11:58pm
  Shave his eyebrows they are distracting…….THIS IS THE BIGGEST JOKE …..Put him to sleep and shave him NOW!!!!…..Time for justice!!
  
  Report this comment
- PATTY HENRY
  Posted on August 23, 2012 at 5:03am
  We, the People, are probably tired (I can’t speak for all of us) of this game this creep is playing. HE is a prisoner. HE was caught RED-HANDED. There are numerous witnesses. The families of those who were killed and wounded deserve JUSTICE. They don’t need to be tortured any longer than necessary. This jerk is also drawing $$$ from the taxpayers and therefore he needs to OBEY the
  Military laws. THIS IS NOT his SHARIA LAW trash. THIS IS THE US OF A. SHAVE HIM/TRY HIM/SHOOT HIM like he shot 13 others.
  
  Report this comment
- loriann12
  Posted on August 23, 2012 at 7:11am
  @rt elms
  I have an ad blocker and I still get so many ads that don’t show up that I have to scroll down about 50 pages to go back, instead of just hitting the back button.
  
  As for Hasan, I suppose his excuse for “sinning” his whole military career was he was just lying to the infidel.
  
  Report this comment
- Dismayed Veteran
  Posted on August 23, 2012 at 8:34am
  Wolfgang hit it right on the nose. He presented the grooming standards. This thing is a serving officer in the US Army. As such he is subject to the UCMJ.
  
  I know of 3 exceptions: Sikh soldiers (based on religion), certain African American soldiers (a genetic skin condition makes shaving painful must be medically verified) and soldiers in Military Intelligence, CID, and Special Operations (duties may call for relaxed **** standards).
  
  Shave this thing and move the trial along.
  
  Report this comment
- JRook
  Posted on August 23, 2012 at 9:25am
  Absolutely, it should be shave by him or forcibly by someone else as his appearance is in violation of the military code and he should not be allowed to make his trial a religious statement or platform.
  
  Report this comment
- AvengerK
  Posted on August 23, 2012 at 10:34am
  It’s a military trial. Hasan is still under the auspices of the military. He should be abiding by military regulations. Either he shaves his beard off or someone should indeed forcibly shave his beard off.
  
  Report this comment
- LouTheGecko
  Posted on August 23, 2012 at 11:07am
  Can they do a really deep shave, with a straight razor?
  
  Report this comment
- FREEDOMoverFEAR
  Posted on August 23, 2012 at 11:23am
  Why the hell does it matter either way. Our military has too many Mickey mouse rules. You can’t try a man because he has a beard. Give me a damn break.
  
  Report this comment
- PilgrimStuckInBizarroWorld
  Posted on August 23, 2012 at 11:36am
  Wolfgang: I agree with you. He join the army and that is the rules. This is crap! Shave him and get on with the trail!
  OMG
  
  Report this comment
imfrzn
Posted on August 22, 2012 at 7:22pm
The poll is asking the wrong questions. He is in the military now and certainly wasn’t sporting a beard when he killed the 13! This should not even be a question. Either strap his a$$ down and shave him from head to toe or leave it alone and add insubordination to the list of offenses. Does it matter in the grand scheme? What is on display here is our nations entire military beholden to terrorists! Okay you 911 masterminds and every other terrorist who has crossed paths with the US, you win because Americans are to stupid to know when to be outraged and certainly are not going to hold you accountable! In fact, if you would like to live in California we’ll give you a drivers license, social security and surround you with police just in case one of our own citizens even says an unkind word to you. Wow look at this, potato chips on sale at Walmart… now this is important!

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- tucsila
  Posted on August 22, 2012 at 7:54pm
  Best post ever. He is military first. Stop playing the muslem game. According to the government their is no religion in the military, isn’t that why the soldiers are not allowed to pray?
  
  Report this comment
- Bluebonnet
  Posted on August 22, 2012 at 8:08pm
  Seems strange that this Muslim wasn’t wearing his all important beard when he openly, and with a cold heart, killed all those people. He’s just fooling around hoping you’ll let him go since he’s so religious now.
  
  Report this comment
- Wolfgang the Gray
  Posted on August 22, 2012 at 8:25pm
  Tucsila, military members are allowed to pray, they just can’t dress differently in uniform because of their religion. I prayed many times when I served in uniform. We have freedom OF religion, not freedom FROM religion. However, this jerk growing a beard to drum up strive from the Muslim community is complete garbage.
  
  Report this comment
- SCHEXbp
  Posted on August 22, 2012 at 9:28pm
  Yes. I’m betting a Sikh prisoner (& AFAIK they are supposed to carry a small knife on them as part of their religion) would be forced to surrender his small knife (even if it is sometimes labelled “ritualistic). (Perhaps even his turban?!)
  
  Report this comment
- Dismayed Veteran
  Posted on August 23, 2012 at 8:42am
  Wolfgang
  
  You keep beating me to the punch.
  
  Report this comment
- mccances
  Posted on August 23, 2012 at 5:37pm
  We have USA laws, not Muslim laws. He is just sticking his tonque out at our country. He needs to have his beard shaved off to show him and any other Muslim that decides to do harm to an American citizen that we do not go by Muslim laws we go by our American laws. I disagree with Beck, this is important. Shave his beard for him if he will not do it.
  
  Report this comment
LakeHartwellSailor
Posted on August 22, 2012 at 7:21pm
I could care less. Just try him, then shoot him. Beard or no beard, just shoot him!

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- watashbuddyfriend
  Posted on August 22, 2012 at 7:47pm
  @ LakeHartwellSailor, shooting him is not harse enough!
  
  Report this comment
- edmundburk
  Posted on August 23, 2012 at 7:11pm
  I think Obama wants to delay the trial untill AFTER the election.
  
  Report this comment
- moonstruck2
  Posted on August 23, 2012 at 9:29pm
  thats what they’re doing in Afghanistan involving Blue On Green! Afghan Soldiers/ Police who are killing american trainers, in Major Nidals case, was it because he was listening to all of the horror stories of all of those servicemen coming back and dumping all of the atrocities that they were commiting in Muslim Countries on him; i guess what he was hearing became too much for him to bear and he snapped.. You know…like timothy Mcveigh??
  
  Report this comment
- harrynaz
  Posted on August 23, 2012 at 10:52pm
  Right on. A general court martial and a firing squad. And the firing squad should be made up from those soldiers wounded by the Muslim murderer.
  
  Report this comment
- boyd9
  Posted on August 25, 2012 at 2:13pm
  If Obama is a Muslim, he doesn’t want the blood of another Muslim brother on his hands. If Obama is not a Muslim then I do not understand why he is allowing this ridiculous delaying tactic to succeed. I don’t care if he has a beard or not, but I do care that justice be swift either way. Ignore the beard have the trial, carry out the sentence, let justice be done upon him.
  
  Report this comment
infidelsaplenty
Posted on August 22, 2012 at 7:20pm
Has this country lost its collective mind? The guy shot 13 people and killed 14. Try him and fry him ferhevensake!

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CPLGEORGE
Posted on August 22, 2012 at 7:19pm
Does anyone remember the hit TV show The “A” team? Then remember how they got “Mr T” to fly to the destination. Put him to sleep, shave him and it is all over. If he has complaints he can take up with the judge and prison guards. Also, Beck – I am getting tired of all the popups when I click a Blaze article. Either it stops, or I stop!

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- Stoic one
  Posted on August 22, 2012 at 7:23pm
  Try ghostery the pop up blocker..
  
  Report this comment
- Fedpro
  Posted on August 22, 2012 at 7:24pm
  I agree with canning the popups. Very distracting!
  
  Report this comment
- The Giver
  Posted on August 22, 2012 at 7:34pm
  I can’t stand the POP UPS either. VERY ANNOYING!
  
  Report this comment
- Big Lubinski
  Posted on August 23, 2012 at 1:59pm
  Shave him hell, tie him down, wax him, head to toe, then try and fry him!
  
  Report this comment
godhatesacoward
Posted on August 22, 2012 at 7:16pm
Pretty ridiculous, ain’t it!

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Tri-ox
Posted on August 22, 2012 at 7:16pm
We are wasting way too much time of this terrorist – shave him and let’s get this stupid trial over with and execute him already – there will be plenty of time for his terrorist beard to grow once he is safely six feet under.

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tadroid
Posted on August 22, 2012 at 7:14pm
If it’s required for Army regulations, the absolutely.

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2GodBeTheGlory
Posted on August 22, 2012 at 7:14pm
Why Is this a discussion… This is obviously another self proclaimed jehad against the American people. Why does the media, including the blaze, not call this as it is, declared war by a “religious” people. Words followed by actions are clear to me…

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Watermain
Posted on August 22, 2012 at 7:14pm
I volunteer to do the shaving.

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- pissantno.10
  Posted on August 22, 2012 at 7:21pm
  well i think we should have a lottery for that right
  
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Zeb
Posted on August 22, 2012 at 7:12pm
He is still under military justice. YES SHAVE HIM

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gbgreta
Posted on August 22, 2012 at 7:10pm
BTW, I won’t answer your poll. He is in the military, and he has NO right to a beard. Period.

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proliance
Posted on August 22, 2012 at 7:09pm
None of the choices is best. He should be shaved and his **** cut to meet Army standards because HE’S IN THE ARMY.

If you’ve ever been in the military, then you’re probably aware of someone who didn’t meet standards and saw the First Sergeant takes his lazy ass down for a haircut and/or shave. And when the First Shirt pays for it, the First Shirt gets the kind of haircut he wants.

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- Jenny Lind
  Posted on August 22, 2012 at 7:15pm
  And when the Master Chief points his finger at you and tells you to get clean, you move or pay. He signed the contract, no one forced him to, and although he is a disgrace to the uniform he is forced to wear now, too bad, SHAVE HIM. I have zero tolerance for him and using his “religion” to delay the tirial is disgusting.
  
  Report this comment
gbgreta
Posted on August 22, 2012 at 7:09pm
He’s still in the service, and not up to regs. Tie him down and shave that filthy beard. Dust him for lice at the same time.

I don’t get the problem here.

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Chuck Stein
Posted on August 22, 2012 at 7:04pm
Yes. Shave him. And gag him/muzzle him if he makes outbursts. And restrain him in a starightjacket and strap him to a chair if he tries to get out of his chair even once when not permitted to. He has does have rights — but those do not include derailing the lawful process. It is his fault if the court martial is influenced by necessary actions taken to move the trial forward.

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- wellhangingchad
  Posted on August 22, 2012 at 7:18pm
  I might consider Islam a legitimate religion if he was to get up from his chair. It would be a true miracle since he can’t walk anymore. I sat shave or no shave he needs to be tried yesterday! Then carry out the verdict within the first 5 mins.
  
  Report this comment
- Chuck Stein
  Posted on August 22, 2012 at 7:59pm
  @ Wellhangingchad
  Good point. I forgot that he lost the use of his legs in an incident of workplace violence.
  
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- jsmu
  Posted on January 10, 2013 at 2:40am
  I like the way you think, Chuck. After the military lawyers mentioned binding and gagging a disruptive accused (grin…….wonder where *their* thoughts were?) I pictured him being straitjacketed, cuffed, strapped, and taped at his trial. Beautiful image, isn’t it?
  
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QuincySmith
Posted on August 22, 2012 at 7:04pm
IF the major is ever tried, losing his beard will be the least of his problems.

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EqualJustice
Posted on August 22, 2012 at 7:04pm
Get this trial over with!!! Where is the “swift” justice these victims and their families deserve? This TERRORIST is making a mockery of our system and his victims. ENOUGH! Get ALL these murdering TERRORISTS to trail and convict them once and for all. They have ALL proudly confessed so what’s the hold up, Holder?

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