NIDAL HASAN COURT-MARTIAL (2013)

COMPREHENSIVE RESEARCH FILE

Case: United States v. Major Nidal Malik Hasan
Date: August 6 – August 28, 2013
Location: Fort Hood (now Fort Cavazos), Texas
Charges: 13 counts of premeditated murder, 32 counts of attempted premeditated murder
Verdict: GUILTY ON ALL 45 COUNTS

SECTION 1: DEFENDANT PROFILE

1.1 Personal Information

Field	Detail
<strong>Full Name</strong>	Nidal Malik Hasan
<strong>Birth</strong>	September 8, 1970, Virginia Hospital Center, Arlington County, Virginia
<strong>Age at Crime</strong>	39 years old
<strong>Age at Sentencing</strong>	42 years old
<strong>Religion</strong>	Islam (practicing Muslim)
<strong>Marital Status</strong>	Single (never married)
<strong>Current Status</strong>	Death Row, U.S. Disciplinary Barracks, Fort Leavenworth, Kansas

1.2 Family Background

Parents:

Palestinian immigrants from al-Bireh (West Bank, near Jerusalem)
Naturalized American citizens
Father: Died 1998, age 51
Mother: Died 2001, age 49

Siblings:

Two younger brothers
One brother lives in Virginia
One brother moved to Palestinian Territories

Family Business:

Parents operated successful family businesses in Roanoke, Virginia
Market, restaurant, olive bar

1.3 Early Life

Raised in Muslim faith
Attended Wakefield High School, Arlington (freshman year, 1985)
Family moved to Roanoke, 1986
Graduated William Fleming High School, 1988
Reportedly used name “Michael” as child
Described as studious
Enlisted in Army after high school (against parents’ wishes)

1.4 Religious Development

Became increasingly devout following parents’ deaths
Frequented Dar al-Hijrah mosque, Falls Church, Virginia
Mosque known for hosting preachers sympathetic to Salafi-jihadist ideology
Anwar al-Awlaki served as imam at mosque (2001-2002)
Reported seeking “equally religious woman” who “prayed five times a day”
Business card described him as “SoA” (interpreted as “Soldier of Allah”)

SECTION 2: MILITARY AND MEDICAL CAREER

2.1 Enlistment and Education

Army Enlistment: 1988 (after high school graduation)

Academic Career:

Virginia Western Community College: Associate degree in science (1992), Latin honors
Virginia Tech: Bachelor’s degree in biochemistry (1995/1997), Latin honors
Minors in biology and chemistry
Uniformed Services University of the Health Sciences (USUHS), Bethesda, Maryland
Medical school (1997-2003)
Performance described as “marginal”
Academic probation during much of six-year program (normally four years)
Graduated 2003 as Medical Doctor
Master’s in Public Health (during fellowship)

Commissioning:

Commissioned as officer, Army Medical Department, 1997

2.2 Medical Training

Walter Reed Army Medical Center (2003-2009):

Internship
Residency in psychiatry
Two-year fellowship in Disaster and Preventive Psychiatry
Center for Traumatic Stress, USUHS

Performance at Walter Reed:

Six years total
Concerns raised about job performance and behavior
Comments described by colleagues as “anti-American”
Received counseling and extra supervision as intern
Poor performance evaluation before transfer
Some colleagues questioned if he was “mentally unstable”

2.3 Concerning Behavior (Pre-Shooting)

2003-2009 at Walter Reed:

Colleagues reported defense of Osama bin Laden
Justified suicide bombings against American targets
Asserted Islamic Sharia law superseded U.S. Constitution
Described as socially isolated
Stressed by work with soldiers returning from combat
Upset about their accounts of warfare

June 2007 Presentation:

Title: “The Koranic Worldview” (or “The Quranic World View as It Relates to Muslims in the U.S. Military”)
Argued Islamic doctrine permits suicide bombings under certain conditions
Cited Quranic verses justifying “defensive jihad”
Contended Muslims in U.S. military face conflicts of conscience

Committee Discussions (Spring 2008-2009):

Walter Reed and USUHS officials discussed Hasan regularly
Some asked: “Is it possible… Hasan was mentally unstable?”
One official: “If you were deployed to Iraq or Afghanistan, you would not want Nidal Hasan in your foxhole”
Considered dismissal but concerned about procedure complexity
Possible concern about appearance of dismissing Muslim doctor

2.4 Fort Hood Assignment

Transfer: July 2009

Assigned to Darnall Army Medical Center, Fort Hood, Texas
One of largest Army psychiatric facilities
Treats soldiers with PTSD and mental health issues from deployments

Supervisor Assessment:

Colonel Kimberly Kesling (deputy commander, Clinical Services)
Stated Hasan was “doing a very good job”
Described him as “dedicated, hard-working provider”
“Cared for his patients… valued member of our team”

Promotion:

May 2009: Promoted from Captain to Major
Promotion occurred despite performance concerns
Army psychiatrist corps had 85% of needed personnel (shortage)
Promotion board given authority to promote captains who might not otherwise qualify

2.5 Deployment Orders

Orders for Afghanistan deployment: Due November 2009
First overseas deployment of career
Reportedly anxious to leave Army
Had repaid student loans; retained lawyer to explore discharge options

SECTION 3: RADICALIZATION

3.1 Anwar al-Awlaki Connection

Background on al-Awlaki:

Yemeni-American imam
Served at Dar al-Hijrah mosque (2001-2002)
Later designated as terrorist
Killed by U.S. drone strike, September 2011

Email Correspondence:

First email from Hasan: December 17, 2008
Introduction: “Do you remember me? I used to pray with you at the Virginia mosque”
10-20 emails exchanged
Hasan asked if attackers on U.S. soldiers could be “Shaheeds” (martyrs)
Asked if “indiscriminately killing civilians” was permissible

FBI Awareness:

Joint Terrorism Task Force aware of email exchanges
Emails forwarded to Defense Criminal Investigative Services (DCIS)
DCIS failed to connect related emails
Agent described subject as “politically sensitive”
Investigation deemed insufficient to warrant further action

Al-Awlaki’s Post-Shooting Statement:

Claimed he “neither ordered nor pressured… Hasan to harm Americans”
Said Hasan arrived at conclusions about violence independently
“Maybe Nidal was affected by one of my lectures”
“Nidal told me: ‘I speak with you about issues I never speak with anyone'”

3.2 Online Activity

May 2009 Posts:

Screen name: “NidalHasan”
Posted on Islamic websites about suicide bombings
Compared suicide bombers to soldiers falling on grenades
Likened it to sacrifice for “noble cause”
Government monitors did not initially link posts to Hasan

3.3 Pre-Attack Indicators

Two Days Before Shooting:

Gave away many belongings to neighbor
Less than one month before Afghanistan deployment

Day Before:

Attended morning prayers at local mosque
Reported normal behavior

SECTION 4: THE FORT HOOD SHOOTING

4.1 Date and Location

Date: November 5, 2009

Location: Soldier Readiness Processing Center, Fort Hood, Texas

Building where troops receive medical treatment before/after deployments
Crowded with soldiers headed to/returning from Iraq and Afghanistan

4.2 The Attack

Time: Approximately 1:30 PM local time

Weapons:

FN 5-7 semiautomatic pistol (primary)
Fitted with green laser sight
.357-caliber revolver (backup)
Hundreds of rounds of ammunition

Actions:

Entered processing center
Shouted “Allahu akbar” (“God is great”)
Opened fire on soldiers and civilians
Attack lasted approximately 10 minutes

4.3 Casualties

Deaths: 13 people killed

Identified Victims:

Lieutenant Colonel Juanita Warman, 55 (Army nurse)
Major Libardo Eduardo Caraveo, 52 (psychologist)
Captain John Gaffaney, 56 (psychiatric nurse)
Captain Russell Seager, 51 (nurse practitioner)
Staff Sergeant Justin DeCrow, 32
Sergeant Amy Krueger, 29
Specialist Jason Hunt, 22
Specialist Frederick Greene, 29
Private First Class Aaron Nemelka, 19
Private First Class Michael Pearson, 22
Private First Class Kham Xiong, 23
Private Francheska Velez, 21 (3 months pregnant – unborn child sometimes counted as 14th victim)
Michael Cahill, 62 (civilian physician’s assistant)

Wounded: 32+ people

Hasan:

Shot by responding military police
Hit by at least four rounds
Paralyzed from waist/chest down
Uses wheelchair

4.4 Response

Military Police:

Sergeant Kimberly Munley and Sergeant Mark Todd responded
Engaged Hasan
Subdued shooter

Medical Treatment:

Hasan taken to Scott and White Memorial Hospital, Temple, Texas
Later transferred to Brooke Army Medical Center, San Antonio
Treated for gunshot wounds

4.5 Designation Controversy

“Workplace Violence” vs. “Terrorism”:

Initially classified as “workplace violence” by Defense Department
Not classified as terrorism for years
Prevented victims from receiving certain benefits
Veterans groups protested classification
2015: Congress passed law providing Purple Hearts to victims

SECTION 5: PRE-TRIAL PROCEEDINGS

5.1 Initial Custody

Locations:

Brooke Army Medical Center, San Antonio (medical treatment)
Bell County Jail, Belton, Texas

5.2 Charges

Filed: November-December 2009

13 counts of premeditated murder
32 counts of attempted premeditated murder

Death Penalty Eligible:

July 6, 2011: Lt. Gen. Donald M. Campbell Jr. ruled Hasan eligible for death penalty

5.3 Arraignment

Date: July 20, 2011

5.4 Beard Controversy

Issue:

Hasan stopped shaving after arrest
Cited religious beliefs
Army regulations ban facial hair
Multiple court delays over issue

Judge Ruling:

Colonel Tara Osborn ruled beard issue outside court jurisdiction
Matter for chain of command
Hasan allowed to appear with beard at trial

Post-Conviction:

September 5, 2013: Prison staff force-shaved Hasan
Video recording of force-shaving exists per military regulations

5.5 Defense of Others/Taliban Defense

Hasan’s Proposed Defense:

Sought to claim he was “defending the Taliban”
Argued U.S. military at war against Islam

Judge Ruling (June 14, 2013):

Colonel Osborn prohibited this defense

5.6 Self-Representation

June 3, 2013:

Military judge approved Hasan’s request to represent himself
Stand-by attorneys remained available if requested

SECTION 6: THE COURT-MARTIAL

6.1 Timeline

Date	Event
May 29, 2013	Trial scheduled to begin
June 3, 2013	Self-representation approved
June 5, 2013	Jury selection begins
August 6, 2013	Opening statements; trial begins
August 7, 2013	Trial suspended due to defense team disagreements
August 23, 2013	Verdict delivered
August 26, 2013	Sentencing phase begins
August 28, 2013	Death sentence delivered

6.2 Presiding Judge

Colonel Tara Osborn

Army Judge
Ruled on beard issue, defense limitations, self-representation

6.3 Jury Composition

Panel: 13 senior military officers

9 Colonels
3 Lieutenant Colonels
1 Major

6.4 Hasan’s Opening Statement

August 6, 2013:

“The evidence will clearly show that I am the shooter.”

Additional Statements:

Said he “switched sides”
Described himself as “Mujahideen” (holy warrior)
Characterized attack as “jihad” against U.S. military

6.5 Prosecution Case

Evidence Presented:

Eyewitness testimony
Ballistic evidence
Email correspondence with al-Awlaki
Weapons evidence
Medical records

Testimony:

Survivors of shooting
Family members of victims
Investigators

6.6 Defense (or Lack Thereof)

Hasan’s Strategy:

Called no witnesses
Made virtually no objections
Did not cross-examine most witnesses
Did not present evidence
Did not provide explanations for conduct
Rested case without presenting defense

Stand-by Defense Team Concerns:

Accused Hasan of cooperating with prosecution
Believed he sought “martyrdom”
Disagreements led to trial suspension (August 7)

6.7 Verdict (August 23, 2013)

Finding: Guilty on all counts

13 counts premeditated murder: GUILTY
32 counts attempted premeditated murder: GUILTY

Deliberation: Same day as closing arguments

SECTION 7: SENTENCING

7.1 Sentencing Phase (August 26-28, 2013)

Victim Impact Testimony:

24 victims and family members testified
Emotional testimony about loss and trauma

Hasan’s Response:

Declined to speak in defense
Did not question witnesses
Made no plea for mercy

7.2 Prosecution Closing

Colonel Mike Mulligan:

“He can never be a martyr because he has nothing to give.”

“This is not his gift to God. This is his debt to society. This is the cost of his murderous rampage.”

7.3 Hasan’s Final Statement

Told jurors “defense rests”
Made no personal statement

7.4 Sentence (August 28, 2013)

Deliberation: Less than 2 hours

Requirement: Unanimous verdict required for death penalty

Sentence:

Punishment	Detail
<strong>Death</strong>	Execution
<strong>Rank</strong>	Stripped (dismissed from service)
<strong>Pay</strong>	All pay and allowances forfeited
<strong>Status</strong>	Dismissed from Army

Post-Sentencing:

Referred to as “Inmate Nidal Hasan”
Transferred to death row, U.S. Disciplinary Barracks, Fort Leavenworth

SECTION 8: APPEALS

8.1 Military Appeals

Army Court of Criminal Appeals:

December 11, 2020: Upheld conviction and sentence

U.S. Court of Appeals for the Armed Forces:

September 2023: Unanimous decision upholding death sentence
Rejected all claims including:
Denial of fair trial
Forced shaving as cruel/unusual punishment
Self-representation claim
Guilty plea prohibition claim

8.2 Issues Raised on Appeal

Self-Representation:

Hasan later claimed error in allowing him to represent himself
Argued might have persuaded jury against death penalty

Forced Shaving:

Claimed Eighth Amendment violation
Court found no evidence to support assertions

Guilty Plea Prohibition:

Under UCMJ, cannot plead guilty to capital offense
Hasan argued this prejudiced jury

Trial Closure:

Complained about closed proceedings
Court rejected claim

8.3 Supreme Court

March 31, 2025:

U.S. Supreme Court declined to hear appeal
Denied writ of certiorari
Exhausted final federal appeal

SECTION 9: EXECUTION STATUS

9.1 Military Death Row

Location: U.S. Disciplinary Barracks, Fort Leavenworth, Kansas

Other Death Row Inmates:

Ronald Gray (serial rapist/murderer, sentenced 1988)
Hasan Akbar (killed 2 officers in Kuwait, 2003)
Timothy Hennis (murdered woman and two daughters, 1985)

9.2 Execution History

Last Military Execution:

April 13, 1961: Private John A. Bennett
Executed at Fort Leavenworth
Convicted of rape and attempted murder

9.3 Process Required

Presidential Authorization:

President must sign death warrant
No execution without presidential approval

Federal Execution Site:

U.S. Penitentiary, Terre Haute, Indiana
All federal executions since 1995

9.4 Potential Delays

Timing Uncertain:

Years may pass before execution
Defense attorney Kris Poppe (daughter of Hasan’s appointed counsel)
Possible Hasan may drop appeals and accept sentence
Compared to Timothy McVeigh (dropped appeals, executed)

SECTION 10: IMPACT AND LEGACY

10.1 Deadliest Mass Shooting on U.S. Military Installation

Record:

Deadliest until that time
Deadliest terrorist attack in U.S. since September 11, 2001 (until San Bernardino, 2015)

10.2 Policy Changes

Information Sharing:

Highlighted failures between FBI, Army, and intelligence agencies
Questions about whether Army should have been informed of al-Awlaki emails
Comparisons to pre-9/11 intelligence failures

Security:

Enhanced security at military installations
Review of personnel screening procedures

10.3 Wrongful Death Lawsuit

November 5, 2012:

148 plaintiffs (victims and families)
Defendants: U.S. Government, Hasan, Estate of al-Awlaki
Claims: Due process violations, negligence, civil conspiracy

January 22, 2019:

U.S. District Judge Kollar-Kotelly dismissed
Lack of jurisdiction

10.4 Terrorism Classification

Obama Administration:

Classified as “workplace violence”
Prevented certain benefits for victims

2015 Legislation:

Congress authorized Purple Hearts for victims
Expanded benefits

SECTION 11: SOURCE BIBLIOGRAPHY

Primary Sources

Court-martial transcript
U.S. Court of Appeals for Armed Forces decision (2023)
Army Court of Criminal Appeals decision (2020)

Government Documents

FBI investigation files (partially released)
DCIS investigation records
Congressional testimony

Media Sources

The Washington Post
ABC News
NPR
CNN
Fort Worth Star-Telegram
San Antonio Express-News
Army Times

Academic Sources

Mother Jones (email correspondence analysis)
The Cairo Review of Global Affairs

SECTION 12: ABOUT THE COURT-MARTIAL

The court-martial of Nidal Hasan was unprecedented in several respects. It represented the largest mass murder prosecution at a military installation in U.S. history. Hasan’s decision to represent himself, combined with his admission of guilt in opening statements and refusal to mount a defense, created an unusual dynamic where the defendant essentially cooperated with his own prosecution. His stand-by attorneys accused him of seeking martyrdom. The case highlighted failures in intelligence sharing between federal agencies and raised questions about political correctness in handling warning signs from a Muslim officer. The death sentence was the first handed down by a U.S. military court in over a decade, and Hasan remains on military death row. His appeals exhausted in 2025, the case now awaits potential presidential action on execution.

Research compiled from multiple verified historical and journalistic sources.