The former U.S. army officer found guilty of murdering 13 individuals in the 2009 shooting spree at Fort Hood, Texas, is set to face a firing squad in December, marking the first U.S. military execution in over 65 years. Acting U.S. Army Secretary Adam Telle announced via social media that Army Major Nidal Malik Hasan will be executed at Fort Hood on December 3, following approval from President Donald Trump.
The news took Hasan’s former civil case attorney by surprise and raised legal concerns regarding the execution process and notification procedures. Questions arose about the assembly of the firing squad and the specific execution protocol, as the last military execution by firing squad occurred shortly after World War II.
The execution timeline was initiated when Trump sanctioned the execution on October 2. According to Telle, the execution will adhere to army regulations, which require setting a date at least 60 days and no more than 150 days after approval. However, details regarding the location on the base, squad composition, and procedure remain undisclosed, despite requests for further clarification being declined by the Pentagon and the Army.
Military regulations lack precise guidelines for execution methods, with experts suggesting that historical firing squad executions involved one shooter receiving a blank cartridge to create uncertainty about the fatal shot.
Hasan, a former army psychiatrist, carried out the attack, citing religious motives, and was convicted after being denied the chance to present a defense during his trial. Legal experts speculate that Hasan may pursue legal avenues to delay the execution, such as filing a Habeas Corpus petition in federal civilian court, a process that could extend for years.
The resumption of federal executions under Trump saw a notable increase in capital punishment cases, making him the most active execution president in over a century. Death sentences within the military justice system are rare, with executions even more uncommon. Hasan is among four individuals on death row at Fort Leavenworth, Kansas, with the last execution in the military carried out through hanging in 1961.
Concerns have been raised about the rushed execution process, with Hasan’s legal representative expressing dismay over the lack of proper notification protocols and the urgency to proceed with the execution at Fort Hood, given Hasan’s medical condition and mobility challenges.
Before the decision to execute Hasan at Fort Hood, speculation arose that the army might consider states like South Carolina or Utah, known for reinstating firing squads in executions. South Carolina’s firing squad protocol involves three shooters standing at a distance from the condemned prisoner, targeting the heart, and firing simultaneously without prior warning.
South Carolina’s recent executions by firing squad have cost around $54,000 for chamber renovations, setting a precedent should the army choose to adopt a similar approach.