Is Malik Nadal Hasan a terrorist?
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M$7 Answers
Religion is part of the decision but not a deciding factor. Intent or the appearance of intention will decide.
US Code Title 18 Part I Chapter 113B § 2331 says the definition of "domestic terrorism" is as follows.
~quote
18 U.S.C. § 2331 : US Code - Section 2331
(5) the term "domestic terrorism" means activities that -
(A) involve acts dangerous to human life that are a violation
of the criminal laws of the United States or of any State;
(B) appear to be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of
the United States.
~endquote
http://codes.lp.findlaw.com/uscode/18/I/113B/2331
It is quite clear that section (A) and section (C) have been violated so the remaining issue is intent.(section B)
(i) Did he ~appear to intend to intimidate or coerce a civilian population?
(ii) Did he ~appear to intend to influence the policy of a government by
intimidation or coercion?
~~ OR~~
(iii) Did he ~appear to intend to affect the conduct of a government by mass
destruction, assassination, or kidnapping?
If the answer is (Yes) to any or all of the above three questions then he is by US law a terrorist. Notice the usages of the words "appear to" and "or" in the above stated US code. these make the issue of intent easier to prove because the court will only need to see that it *appeared* he had these intentions not that he actually did or not.
This (my) answer to a similar question goes into additional detail
Be sure to read the below blog posting from Anwar al-Awlaki the known terrorist Major Hasan has had communication with.
Nadal Hasan Did the Right Thing
This posting is dated November 9th below is a quote from this posting.
~quote
"Nidal Hassan is a hero. He is a man of conscience who could not bear living the contradiction of being a Muslim and serving in an army that is fighting against his own people...The US is leading the war against terrorism which in reality is a war against Islam. Its army is directly invading two Muslim countries and indirectly occupying the rest through its stooges."
~endquote
In my understanding (I am not a lawyer) Major Nidal Hasan would quite easily be proven a terrorist.
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M$
Whether he is a rogue acting alone, or part of a much bigger organization, this was an act of terrorism. Remember the Unibomber? No religion there - but a terrorist extraordinaire.
Doesn't matter of Malik or Ted were crazy, it's still terrorism, cut and dried. Even if Malik was conducting his own personal Gihad, abhorred by fellow Muslims in this capacity, or whatever the voices told him, he is a terrorist.
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M$In contrast, a terrorist is someone who attacks civilians with the intent of spreading terror and thereby overthrowing or otherwise influencing a government.
When Jihadists explode a device versus one of our military vehicles, that is guerrilla warfare. When they set off bombs in the marketplace to kill civilians that is terrorism. It is not the religious motivation that is the distinction but the target. He should be executed under the laws that apply to soldiers who desert to the enemy and bear arms against their countrymen.
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M$
He did attack soldiers but - there is a distinction to be made because they were unarmed soldiers who were for all intents and purposes in civilian circumstances.
I understand the legal distinctions but really, those are just semantics. What he did was a cowardly act of terror - like a bully in a schoolyard.
I hope he doesn't get the death penalty, I hope he lives out many many years in his well deserved paralysis.
I have been making this distinction on targets for a long time, certainly not everyone agrees. However, I think that real terrorism, murdering civilians for psychological effect, is such a heinous crime that it should not be diluted by confusion with other, more military crimes.
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M$
And the act he committed is clearly a violent act of terror. So yes, he's an Islamofascist terrorist.
And the military knew aobut him and did nothing. Now 14 people are dead. (One of teh women was pregnant, and I'm using the Conor Peterson principle to count the child.)
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M$
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M$
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M$
@drivel I agree and I really wish he would just be tried for 13 horrible and premeditated murders in Texas as a civilian. I think Texas has the right idea with what to do with people who commit horrific acts such as murder.
I believe it is unfortunate that we have to waste mental resources (and others) on an discussion about what Hasan is and is not.
http://www.tdcj.state.tx.us/stat/annual.htm
http://crime.about.com/od/deathrow/ig/Texas-Death-Row-Inmates/
I just wanted to be clear as to how fine the line can be when determining what is and is not terrorism with an accurate description of the law and the definition of terrorism.
http://www.fbi.gov/publications/terror/terrorism2002_2005.htm
He has not been charged with terrorism and it is likely he won't be.