Defense Dept.: We Can't Give Ft. Hood Victims Purple Hearts Because Accused Shooter Wouldn't Get a 'Fair Trial

In this courtroom sketch, U.S. Army Maj. Nidal Hasan, center foreground with back showing, is seen sitting between members of is defense team during a hearing in Fort Hood, Texas, Tuesday, Dec. 18, 2012. (AP)

The Department of Defense strongly opposes legislation to award injured survivors of the 2009 Fort Hood shooting the Purple Heart because it would harm the trial of accused gunman Maj. Nidal Hasan, Fox News reported.

In a Defense Department document obtained by Fox, officials say calls for the military honor would prejudice court proceedings because the former Army psychiatrist would essentially have already been declared responsible.

"Passage of this legislation could directly and indirectly influence potential court-martial panel members, witnesses, or the chain of command, all of whom exercise a critical role under the Uniform Code of Military Justice (UCMJ). Defense counsel will argue that Major Hasan cannot receive a fair trial because a branch of government has indirectly declared that Major Hasan is a terrorist -- that he is criminally culpable," the position paper reads.

Hasan faces 13 counts of premeditated murder and 32 attempted premeditated murder charges in the Nov. 5, 2009 shooting rampage. Survivors have said Hasan, an American-born Muslim who was set to deploy to Afghanistan, shouted "Allahu Akhbar!" before allegedly opening fire in a medical building on the base.

This undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram shows Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage. (AP)

According to Fox, the Defense Department is sending generals and other senior Pentagon officials to meet with lawmakers to try to block support for the legislation.

"This is a cynical travesty," Neal Sher, an attorney for the Fort Hood families suing the department, told Fox in an email. "What the government has done by making this statement is guarantee that anything done to help the victims will effectively prevent or impair Hasan's prosecution. There was no reason for the government to put this kind of a statement in writing, even if it were true (which it is not)."

Hasan's military trial is set to begin in May. Preliminary proceedings were interrupted multiple times due to his beard growth, prohibited under Army code but that Hasan's attorneys said was a sign of his Muslim faith. A new judge has since said Hasan may keep his beard.

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​Related:

• Fort Hood Suspect Could Describe Terrifying Deadly Shooting Rampage for the First Time
• New Judge: Fort Hood Shooter Can Keep His Beard During Military Trial
• ‘He Yelled Allahu Akbar’: Dramatic New Video Features Fort Hood Victims Demanding Shooting Be Classified as Terrorism
• Fort Hood Shooter Trial Delayed Indefinitely Over Beard