Hasan may have lost privacy in sanity issues

Media release could be a waiver of privilege 

New York Times reporter Manny Fernandez published the sanity report
Col. John Galligan forwarded to him late Monday evening for Tuesday a.m. editions

BULLETIN:  Col. Tara Osborn, the judge in the General Court Martial of Nidal Malik Hasan, denied a prosecution motion to allow the Government to access and make use of a sanity board report compiled in 2010.

The judge admonished the Government prosecutors not to download .pdf files of the document released to "The New York Times," to not read the report, and to make no use of the information released to the media. - The Legendary 

Ft. Hood - The entire course of the Hasan case may change once again following a skirmish in court proceedings this morning.

The military judge hearing the case against Maj. Nidal Malik Hasan agreed to withhold ruling on a possible motion to release the full sanity board report made in December, 2010, to prosecution lawyers.

At the beginning of proceedings for Wednesday, August 14, a prosecutor asked the judge if she is aware that the material previously withheld from the Court and the government has been released to the New York “Times.”

Citing a Rule of Courts Martial, Number 706 (c), Col. Tara Osborn then asked Maj. Hasan “Have you authorized the release of the full sanity board?”

“I released the report to the media, yes, ma'am,” he replied.

She explained that “The Court and the trial counsel never received the long form.”

“I released it,” Hasan said.

To whom did you release it?” the judge asked.

“I released it to the media,” Hasan said.

“You could waiver the right to keep the full sanity board away from the trial counsel,” the judge said.

“Yes, ma'am, I effectively waived my privilege,” said Hasan.

Hasan's lead standby counsel, Lt. Col. Kim Poppe, requested time to confer with his techical adviser, the former chief of Defense Trial Services, who is now acting to assist the Judge Advocate General Corps to advise and assist him in his role as standby counsel.

“There seems to me to be some blurring of the roles,” the judge commented when she learned the man is now the Chief of the JAG Professional Responsibilities Group. “He's wearing three hats,” said the judge.

The former lead defense counsel, who is now acting as standby counsel, requested she hold off ruling on any motion from the prosecution.

“The Court is not going to order the release of the full document until Col. Poppe has had a chance to consult with his adviser, Colonel Poppe. Does that satisfy you?” the judge declared.

Then she asked Hasan, “Do you still want to waive the privilege. It's a privilege (to keep the full report from the government) that belongs to you and you alone. Do you still want to release it to the government?”

Hasan stated at that point that he was experiencing confusion. “I released it to the media,” he replied.