03/17/2011 01:00 PM House MILITARY & VETERANS' AFFAIRS

         HJR 18-CONSIDER DEATH PENALTY FOR NIDAL HASAN                                                                      
                                                                                                                                
1:32:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMPSON announced  that  the final  order of  business                                                               
would be HOUSE  JOINT RESOLUTION NO. 18, Relating to  the case of                                                               
U.S. v. Hasan  and to the decision of the  Judge Advocate General                                                               
of the United States Army with respect to that case.                                                                            
                                                                                                                                
1:33:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO,  speaking  as  the  sponsor,  offered  his                                                               
understanding  that the  alleged crime  described in  the sponsor                                                               
statement was  witnessed by a number  of people, and the  act was                                                               
deliberate and pre-planned.  The  resolution is an opportunity to                                                               
have the death penalty considered at sentencing.                                                                                
                                                                                                                                
REPRESENTATIVE MILLER  asked whether the death  penalty option is                                                               
"currently off the table, or on the table, or being discussed."                                                                 
                                                                                                                                
REPRESENTATIVE GATTO  said that  was unknown,  but the  intent of                                                               
the  resolution  is  to  encourage  it.   He  opined  a  military                                                               
sentencing would include the death penalty.                                                                                     
                                                                                                                                
REPRESENTATIVE MILLER concurred.                                                                                                
                                                                                                                                
1:35:14 PM                                                                                                                    
                                                                                                                                
SARAH  MUNSON, Staff,  Representative  Carl  Gatto, Alaska  State                                                               
Legislature,  on behalf  of  the  sponsor, Representative  Gatto,                                                               
understood  that Major  Nidal  Malik Hasan,  M.D.  faces a  court                                                               
martial with the possibility of the death penalty.                                                                              
                                                                                                                                
REPRESENTATIVE LYNN  pointed out  that the  subject has  not been                                                               
tried yet,  and asked  whether the  resolution may  prejudice the                                                               
case.                                                                                                                           
                                                                                                                                
MS. MUNSON  acknowledged that  the resolution  does not  refer to                                                               
the events as "alleged," which was  an oversight.  The drafter of                                                               
the  bill   indicated  that  "According  to   publicly  available                                                               
documents, these  are the assumed  or alleged facts of  the case"                                                               
could  be inserted  at the  beginning  of the  resolution if  the                                                               
committee so desires.                                                                                                           
                                                                                                                                
CO-CHAIR SADDLER  agreed with Representative  Lynn and  stated he                                                               
would  like   to  see  "allegedly"  included   in  the  language.                                                               
Furthermore, he expressed his concern  about the language on page                                                               
2, lines  5-8, which refers  to crimes  and an act  of terrorism,                                                               
and questioned how these statements would be qualified.                                                                         
                                                                                                                                
1:38:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  opined this  is poor public  policy and                                                               
said  he  would  have  difficulty supporting  the  resolution  or                                                               
moving it from committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE  MILLER noted  that the  subject is  identified as                                                               
both  "Major"   and  "Mr."   in  the   document,  and   asked  if                                                               
clarification is needed.                                                                                                        
                                                                                                                                
MS. MUNSON opined  the use of both titles is  a stylistic choice.                                                               
In further response to Representative  Miller, she indicated that                                                               
the resolution was modeled after one similar.                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN expressed a  preference for the resolution to                                                               
be consistent throughout.                                                                                                       
                                                                                                                                
REPRESENTATIVE MILLER asked whether  insanity has been offered as                                                               
a possible defense.                                                                                                             
                                                                                                                                
MS. MUNSON  expressed her  belief that  the subject  was declared                                                               
competent to stand trial.                                                                                                       
                                                                                                                                
1:41:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  opined that none  of the statements  in the                                                               
resolution are under dispute.                                                                                                   
                                                                                                                                
1:42:12 PM                                                                                                                    
                                                                                                                                
JEFFREY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union of  Alaska (ACLU  of Alaska),  called attention  to written                                                               
testimony provided  in members'  committee packets.   In response                                                               
to an  earlier question, he  expressed his understanding  that as                                                               
of the beginning of March, the  Commander of the 21st Air Cavalry                                                               
Brigade recommended that the charges  against Major Hasan be sent                                                               
to a general  court martial, which would allow  for imposition of                                                               
the death penalty.   This decision will be made  by the III Corps                                                               
Commander,  Lt.  Gen.  Cone,  thus this  resolution  may  not  be                                                               
timely; moreover, ACLU of Alaska  has fundamental and significant                                                               
concerns  with the  death penalty.    He pointed  out that  trial                                                               
proceedings  must   be  seen  to  be   independent  of  political                                                               
influence and  based only  on the  facts and  evidence presented.                                                               
Because  of the  ethical  duties  of the  attorneys  and for  the                                                               
independence  of the  tribunal,  ACLU of  Alaska  believes it  is                                                               
inappropriate for any political body  to attempt to influence the                                                               
impartiality.   In fact, this  resolution may be used  by defense                                                               
counsel as a point of appeal.   In addition, Mr. Mittman referred                                                               
to  page 1,  lines  7-8 of  the resolution,  and  noted that,  as                                                               
worded,  the resolution  could be  construed as  disrespectful to                                                               
Muslim Americans  and their faith.   He concluded by  saying that                                                               
ACLU of Alaska  prefers that the committee not  move forward with                                                               
HJR 18  in order to prevent  the appearance of impropriety  or of                                                               
attempting to influence the tribunal.                                                                                           
                                                                                                                                
1:45:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  asked whether different uses  of the phrase                                                               
"Allahu Akbar" make different statements.                                                                                       
                                                                                                                                
MR.  MITTMAN  explained that  in  reading  HJR 18,  the  language                                                               
intends to show  that the statement is evidence  that Major Hasan                                                               
was  committing  a  "jihad"  crime;   however,  as  written,  the                                                               
resolution  does not  draw  such a  distinction.   Therefore,  it                                                               
would be beneficial to alter the language.                                                                                      
                                                                                                                                
1:46:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  explained that  he agreed  with much  of Mr.                                                               
Mittman's comments.                                                                                                             
                                                                                                                                
REPRESENTATIVE  AUSTERMAN  referred  to  a  handout  in  member's                                                               
committee packets titled,  "Death Penalty Script."   He asked for                                                               
the source of the document.                                                                                                     
                                                                                                                                
REPRESENTATIVE LYNN clarified that  the document was submitted by                                                               
him and  was drafted last  year to  reflect his opinion  on other                                                               
proposed legislation related to the death penalty.                                                                              
                                                                                                                                
1:48:51 PM                                                                                                                    
                                                                                                                                
MS. MUNSON referred to page 1,  lines 7-8, of the resolution, and                                                               
explained  that the  legislation reflects  only that  Major Hasan                                                               
made this statement during the commission of a crime.                                                                           
                                                                                                                                
REPRESENTATIVE   GATTO  added   that   the  resolution   contains                                                               
"observations made by people that were there."                                                                                  
                                                                                                                                
1:50:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMPSON closed public testimony.                                                                                      
                                                                                                                                
REPRESENTATIVE  MILLER noted  that language  on page  1, line  9,                                                               
states that  Mr. Hasan  killed 12  unarmed soldiers,  a civilian,                                                               
and an unborn child; however, 13 victims are named.                                                                             
                                                                                                                                
MS.  MUNSON explained  that a  retired officer  was counted  as a                                                               
civilian, and the unborn child was not named.                                                                                   
                                                                                                                                
CO-CHAIR  SADDLER  understood  the  motivation  of  the  sponsor;                                                               
however, he, too, agrees with  the comments from Mr. Mittman, and                                                               
does not want to give any grounds for appeal.                                                                                   
                                                                                                                                
CO-CHAIR THOMPSON  indicated that  HJR 18 would  be set  aside in                                                               
order to allow time for the  committee to receive an opinion from                                                               
Legislative  Legal  and  Research Services,  Legislative  Affairs                                                               
Agency,  as  to  whether  the resolution  would  be  proper,  and                                                               
whether it would provide grounds for appeal.                                                                                    
                                                                                                                                
[HJR 18 was heard and held.]