If he survives, the Ft. Hood shooter will of course be charged with murder, but it’s reasonable to inquire whether treason should also be charged. After all, for a major in the U.S. Army, trained at taxpayer expense in the use of weapons, to shoot 40 unarmed comrades-in-arms would seem like a reasonable example of waging war on the United States.

However, the Constitution’s delineation of treason might not cover this:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

What does “levying war” mean? Although “levying” is sometimes today said to be the same as “waging,” that doesn’t appear to be the legal definition. In one of the the treason cases (Bollman) growing out of the still mysterious Aaron Burr conspiracy, the Chief Justice John Marshall of the Supreme Court ruled in 1807, “But there must be an actual assembling of men for the treasonable purpose, to constitute a levying of war.” In other words, “levying” means raising a body of warriors. Therefore, whether Major Hasan plotted solely alone or was conspiring with others, and if so, did they in some fashion “assemble,” would appear to be relevant.

On the other hand, the second type of treason, “or in adhering to their Enemies, giving them Aid and Comfort” would appear to be an easier hurdle to leap. The first time the Supreme Court upheld a treason conviction was in the 1947 Haupt case in which naturalized citizen Hans Mark Haupt was sentenced to life in prison for sheltering in his Chicago home his son, a German spy (one of the eight saboteurs landed by a German sub in a semi-farcical failed infiltration). The son was convicted by military tribunal and executed. In the father’s case, noted civil libertarian Justice William O. Douglas wrote the majority opinion upholding the father’s conviction, while Justice Jackson wrote a lonely dissent arguing that the father’s intentions were filial rather than treasonous.

Since the elder Haupt was legally guilty of treason for merely helping his son, then Hasan’s shooting two score American soldiers in cold blood would appear to be an even better example of “adhering to their Enemies, giving them Aid and Comfort.” However, that does raise the issue of who exactly our Enemies are, a question that has been left rather ambiguous by Congress’ refusal to issue a Declaration of War since 1942.

Adrian Blomfield of the neocon Daily Telegraph does a great job of giving the Ft. Hood shooter’s Palestinian cousins in Ramallah in the West Bank (Ramallah is the capital of the Palestinian National Authority) enough rope:

Maj. Nidal Malik Hasan is the suspected shooter at Fort Hood U.S Army Post where according to authorities 12 people were shot and killed and 31 other were wounded Photo: EPA

Speaking from their home in the West Bank city of Ramallah, Hasan’s relatives painted a picture of a man cornered into an act of “lunacy” by the repeated discrimination of his peers and an attempt by the army to force him to serve in Afghanistan.

“They discriminated against him because he was a Muslim,” Mohammed Mohammed, one of Hasan’s cousins, told the Daily Telegraph. “We’re not trying to make excuses for him but what we were told was that he was under a lot of pressure.

“What we imagine is that he could not take this bad treatment and gave vent unfortunately.” …

In the house next door, Hasan’s brother Anas had locked himself indoors with his wife, refusing to speak to anyone, including his relatives.

According to his cousins, Hasan was badly scarred by the deaths of his parents in 1998 and 2001. Along with his two brothers, he became increasingly devout, they said.

“They became very religious after their mother died,” Mohammed Hasan said. “They were very observant. They prayed a lot.”

Yet the two cousins insisted that the major’s religion was not tinged with political fanaticism, although they said he had become increasingly withdrawn and uncommunicative in recent years.

(more…)

William Saletan [Email him] writes in Slate

“Fort Hood, Texas, hosts tens of thousands of men who are trained to fight for their country. But none of them stopped Maj. Nidal Malik Hasan as he blew away 13 of their colleagues Thursday afternoon. It was a civilian police officer, Sgt. Kimberly Munley, who confronted and shot him in an exchange of gunfire.”[Girls in the Hood | If women can defend Fort Hood, they can defend America. By William Saletan, November 6, 2009]

That’s stupid–the reason that none of the servicemen present on the scene shot Major Hasan because none of them had a gun. The Army has a mania for keeping loaded guns away from soldiers, which it not only exercises at Fort Hood and Fort Dix, but in Iraq, Afghanistan and on the Mexican Border.

Women can make good police officers, in spite of their physical weakness, but they can’t do ground combat.  Fred Reed explains why:

(more…)

The alleged Fort Hood shooter turns out to be alive, and there’s been a weird suggestion that he got Post Traumatic Stress Disorder from listening to war stories from patients:

“He would tell us how he would hear things, horrific things,” said cousin Nader Hasan, adding that dealing with soldiers returning from war zones was “affecting him psychologically.”

It is a cruel irony that the very mental disorder Maj. Hasan was trained to treat may have claimed him as a victim. PTSD is increasingly being linked to suicide and violence among troops returning from overseas combat. Media reports indicated Maj. Hasan is single with no children.[National Post]

He may have been unhappy hearing about the war, especially if he was an enemy sympathizer, since he would then feel bad hearing about successful operations as well as scary one, but that’s not the same as PTSD. You can’t get post-traumatic stress disorder without actual trauma.

From the Austin American-Statesman’s blog

Home > The Blotter > Archives > 2009 > November > 05 > Entry
McCaul says suspect had special training in shooting, parents hailed from Jordan

By W. Gardner Selby | Thursday, November 5, 2009, 05:40 PM

U.S. Rep. Michael McCaul, R-Austin, who has been briefed on the shootings at Fort Hood, said one suspect, Nadal Malik Hasan, was a physician who was born in Virginia to parents who hailed from Jordan.

He said he didn’t yet have the names of two other suspects.

“The background of these individuals is going to be critical,” McCaul said.

Hasan, McCaul said, “took a lot of advanced training in shooting.” He said he’s not sure why.

He said Hassan, with others, acted at Fort Hood using handguns.

“They did a tremendous amount of damage,” he said, considering they did not have AK-47s.

“It’s clear this was a coordinated attack,” McCaul said, adding that some have attributed it to the effects of post-traumatic stress disorder, though it’s premature to say so. “It’s too early to jump to any conclusions.”

McCaul said he also has been told that Hasan had undergone rehabilitative alcohol counseling.

“Whether it was domestic or foreign, clearly when a U.S. military base is attacked in this kind of fashion, that is an act of terror in my book,” McCaul said.

If you remember The Godfather, you may remember that Michael Corleone was also the child of immigrants whose parents didn’t want him to go into the military. The fact that may have been born in Virginia doesn’t mean this isn’t an immigration story.

It’s infuriating to see another honor killing in America. Noor Almaleki (pictured) died after being run down by her father and spending nearly two weeks unconscious in a hospital.

A young Iraqi woman whose father allegedly hit her with his car because she had become too Westernized died from her injuries Monday after laying in a coma for nearly two weeks.

Noor Faleh Almaleki, 20, underwent spinal surgery and had been in a hospital since Oct. 20, when police say her father ran down her and her boyfriend’s mother with his Jeep as the women were walking across a parking lot in the west Phoenix suburb of Peoria.

The other woman, Amal Khalaf, is expected to survive.

Faleh Hassan Almaleki, 48, fled after the attack but was arrested Thursday when he arrived at Atlanta’s airport, where he was sent from the United Kingdom after authorities denied him entrance.

Peoria police interviewed him and brought him back to Arizona over the weekend, but have declined to release what Almaleki said to them.

At a court hearing over the weekend in Phoenix, county prosecutor Stephanie Low told a judge that Almaleki admitted to committing the crime.

“By his own admission, this was an intentional act and the reason was that his daughter had brought shame on him and his family,” Low said. “This was an attempt at an honor killing.” [Woman hit with car by Iraqi father in Ariz. dies, San Francisco Chronicle, November 3, 2009 ]

Say, how about mandatory capital punishment for anyone convicted of honor killing in America? That would send a nice message about assimilation to western values.

I should point out that in the Mount Airy, NC shootings, it seems that all the victims were Hispanic, and at least one of the survivors can’t speak English:

Watson identified the victims — all residents of the town — as Victor Alfonso Martinez-Jimenez, 22; Javier Manuel Martinez, 21; Juan Manuel Martinez, 26; and Marcos Oviedo Aguliar, 21.

Michelle Oviedo, 21, said her boyfriend and brother were among the dead and the alleged shooter is her mother’s boyfriend. She said she was sitting on her porch not far from Wood’s TV when she heard the gunshots.

“When I got there, Javier and my brother were already gone,” she said. “They were on top of each other.”

Jose Armando Hernandez, 46, said through a translator that three of the victims were his nephews. He said his family is “destroyed” over the deaths, which he said stemmed from a problem with a woman.[Ex-con charged in 4 fatal shootings in 'Mayberry' By ALYSIA PATTERSON (AP) – 7 hours ago]

See also the North Carolina Department of Corrections page for MARCOS CHAVEZ GONZALEZ, which lists his age as 29, his race as “Other,” and doesn’t mention his citizenship or immigration status at all.

Today is the fifth anniversary of the murder of Dutch filmmaker Theo Van Gogh by hostile Muslim Mohammed Bouyeri because he perceived the artist’s message was anti-Islam. What fueled the killer’s fury was how the film Submission showed Islam’s inherent brutality toward women. (Watch Part 1 of Submission on YouTube.)

The anniversary of the attack prompted foreign journalists to check on the multicultural tensions and Muslim radicalisation in the Dutch capital. The Netherlands’ immigration issues have remained high on the agenda, fuelled by populist politician Geert Wilders and his Party for Freedom (PVV). But no attacks, home grown or from outside, have taken place since November 2, 2004.

That was the morning Mohammed B. followed Theo van Gogh on his bicycle before he shot him eight times with a handgun. The 47-year-old filmmaker fell to the ground, where his assassin slit his throat and pinned a note to his body with a knife. The note was a death threat to Ayaan Hirsi Ali with whom Van Gogh had made the short film Submission, about the abuse of women under Islam, and called for jihad.

B., son of Moroccan immigrants, was born and raised in Amsterdam. “The turnaround in his behaviour happened in this building”, Achmed Marcouch told reporters on a tour of the Amsterdam immigrant neighbourhood Slotervaart last week. Marcouch has been Slotervaart’s borough chairman since 2006 and the building he showed the journalists was the community centre Eigenwijks, where B. was a volunteer. He is now serving a life sentence for the murder. [Immigrant tensions remain five years after Van Gogh killing 11/02/09]

(It’s kind of bizarre that this Dutch news site [NRC Handelsblad] doesn’t use the killer’s name, since he is in the slammer and is not entitled to any deference.)

At a time when Lou Dobbs reports a shot fired at his home, the physical security of people who insist that immigration be legal remains a matter for concern.

The Dutch Defence League put up this video remembering Van Gogh a couple days ago.

Lawrence Auster has been writing about the gang-rape in California that I mentioned below. It appears that while the alleged perpetrators of this crime were largely Hispanic, but include one black and one white, the victim may have been white.

I say “may have been,” that’s a deduction, because it’s not the kind of thing that the media wants us to know, and they have even deleted a comment  surmising this from news website.

It’s true that the press rightly avoids naming rape victims, who have had a hard enough time already without having their name on TV. But compare this case with the Duke Rape Hoax, where a reporter for the Washington Post started a story in its Arts and Living section , even after it was becoming known that it was a hoax, with the words “She was black, they were white, and race and sex were in the air.” See how long it takes them to write a similar story this time.

This was easy to see coming, with the billions of dollars the cartels have to spread around.

But chillingly, there are signs that one of the worst features of Mexico’s war on drugs—law enforcement officials on the take from drug lords—is becoming an American problem as well. Most press accounts focus on the drug-related violence that has migrated north into the United States. Far less widely reported is the infiltration and corruption of American law enforcement, according to Robert Killebrew, a retired U.S. Army colonel and senior fellow at the Washington-based Center for a New American Security. “This is a national security problem that does not yet have a name,” he wrote last fall in The National Strategy Forum Review. The drug lords, he tells me, are seeking to “hollow out our institutions, just as they have in Mexico.”

Corruption indictments and convictions linked to drug-trafficking organizations, known in police parlance as DTOs, are popping up in FBI press releases with disturbing frequency. In April, for instance, the U.S. Attorney’s office in the Southern District of Texas announced that Sergio Lopez Hernandez, a 40-year-old Customs and Border Protection inspector, had been convicted of drug trafficking, alien smuggling, and bribery. Hernandez pleaded guilty to accepting over $150,000 in bribes and to conspiring to sell cocaine and bring illegal aliens into the country. [The Mexicanization of American Law Enforcement, By Judith Miller, City Journal, October 28, 2009 ]