What Next for Hasan?

" Right now the chairman of the homeland security committee now calling for an investigation of the Fort Hood massacre and whether or not it was an act of homegrown terrorism. Major Nadal Hassan is accused of killing thirteen nearly thirty others wounded. Accident numbers -- much higher about 48 over the weekend how will investigators proceed on this. Former army jag officer criminal defense attorney Tom Maginnis is here in studio good morning to you -- few more all hypothetically speaking what if it is determined. That this is an act of terrorism how would that change investigation from a a legal standpoint to get answers clinic."

" This might change I mean first -- I think the army is is most certainly have first crack at this guy in a lot of people mask and what's gonna happen room will be a true view only -- gitmo. It's a crime committed by uniform service number on federal military installation that means that this falls under the jurisdiction. Of the commander of Fort Hood under the jurisdiction of the jag corps who prosecute this -- potential charges capital murder attempted murder assault battery that it -- the whole litany of charges he's units and rock bottom when he's not going to be -- not to be -- station -- and an American citizen any easier for member of armed service also can get one --"

" Thing that we need to figure out is how will he recover physically having what does the state status of his health. Have to do with how much you can investigate more you take -- look."

" He needs to at least recover to the point that I -- obviously is conscious be he has the capacity to understand the charges being read against him. And expensive to sit through reading those charges and to knowingly and intelligently understand his right now we're talking about what he needs to get to trial. I would be very surprised -- sometime within the next few months assuming he makes that next step and recovers. If there is not going to be an evaluation of sanity board conducted by three army psychiatrists. To determine whether he has the mental capacity to even proceed towards a trial in on this is a capital case though as you mentioned your first answer no questions capital Casey murdered twelve soldiers and uniform. You know there there is ample evidence of premeditation as long as -- get past the psychiatric questions. He's going to be charged with -- we're with cattlemen -- the capital murder her in the military an execution is up and carried out. 45 years 1960 -- was the last time right there's there's without possibility they would move forward on well there's about ten people give or take one or two sitting on death row in Fort Leavenworth Kansas right now the last person convicted. A capital offense in the military was in 2002 Rea son -- far remember that was individual threw grenades into a tent in Kuwait until two of his officers. The army has able lengthy appeal process even once you exhaust all the -- appeals in the military can still go up to the Supreme Court the United States. Ultimately it's ruled on by the president. These people still sitting on death row that they haven't been XQ did what the likelihood assuming that he is convicted. And if he sentenced the ultimate punishment that he ever actually gets executed or whether it happens anytime soon. It's a guessing game unless you're suggesting that there's a long way to go in this through that very moment -- you even toll on our producers is possible it never goes to trial. Never possible -- goes to trial because no one can go to trauma no matter how heinous the crime is if they're not. Seen incompetent to go to trial that that that's true in the military it's true in the civilian world. So you know the first thing I -- said -- no one of the first things is gonna be to get him evaluated by army psychotic psychiatrists and see if he is deemed. The scene within the military now going back to the whole issue of the if this turns out to be terrorism -- You you have an issue here of concurrent jurisdiction with the Department of Justice. In other words he can go to trial he could be convicted he could be sentenced to death penalty in the military and that that point if it's determined that he's violating the federal anti terrorism statutes. The Department of Justice can take command can prosecute him in civilian federal court I -- committing acts that -- a long way down the rodeo you make some great points here we'll see with the investigation leads to a word Texas Tom thank you Bill -- confidence jag officer here in studio in New York."