Maj. Nidal M. Hasan was charged by the Army with 13 counts of premeditated murder. To the chagrin of conservative commentators, he is not charged with terrorism, a controversy I discussed last night on this segment of Rachel Maddow.
While many have been calling for a terrorism charge in the military trial, the Uniform Code of Military Justice (UCMJ) does not actually have a terrorism provision. Such a charge would be handled in a military tribunal or more likely by waiving jurisdiction in favor of a federal prosecution.
As discussed previously, we have a growing habit of calling every shocking killing a terrorist act today.
Many killers are unstable and kill strangers. Many often associate themselves with religious or ideological views, as with George Tiller. However, this does not make them terrorists. You can intend to make a statement with a crime or go out in a blaze of glory without being part of an effort to coerce or intimidate a government or society. The parents of Balloon Boy wanted to scare a nation, but they are not terrorists. There is no question that you have a legitimate concern over terrorism with a mass shooting at a military base. However, motivation is central to such a distinction. At the moment, Hasan looks much like other rage killers in recent years.
Hasan Charged With 13 Counts of Premeditated Murder as Obama Calls for Investigation of Warning Signs « JONATHAN TURLEY