Army Sets December Execution Date for Fort Hood Shooter

The Army has scheduled the execution of Nidal Malik Hasan, the former officer convicted in the 2009 Fort Hood shooting rampage, for December 3 at Fort Hood, Texas. The announcement, made by acting Secretary of the Army Adam Telle, marks the first military execution in more than 65 years and has prompted scrutiny regarding the adherence to established military procedures.

Hasan, who killed 13 people and wounded more than 30 others in the attack, is set to be executed by firing squad. President Donald Trump approved the execution on October 2, initiating a timeline in Army regulations that requires an execution date to be set between 60 and 150 days after approval. Telle confirmed the date and method of execution via social media, but details regarding the assembly of the firing squad and its procedures remain undisclosed.

Experts in military law have raised concerns about the process. John Galligan, a retired colonel and former military judge who represented Hasan in civil matters, stated that he believes the Army regulation requiring the facility's commandant to notify Hasan, accompanied by a chaplain and legal counsel, was not followed. According to Hasan, no legal counsel was present during the notification. Galligan also questioned the logistics of transporting Hasan, who is paralyzed and uses a wheelchair, to Fort Hood for the execution.

The Army regulations do not specify protocols for different execution methods. Historically, firing squads have employed a method where one shooter is given a blank round, allowing all participants to plausibly believe they may not have fired the fatal shot. The last known military execution by firing squad occurred shortly after World War II.

Hasan, an Army psychiatrist, shouted "Allahu akbar" during the attack, stating his actions were an effort to prevent soldiers from deploying to Afghanistan and harming Muslims. He offered little defense during his trial, acknowledging he was the shooter and describing himself as a soldier who had "switched sides."

Legal experts suggest Hasan could pursue a habeas corpus petition in federal civilian court, a process that could potentially extend for years and outlast the current administration. Trump resumed federal executions after an informal moratorium, leading to 13 executions between 2020 and early 2021, making him the most prolific president in terms of executions in over 130 years.

Executions are rare within the military justice system. Currently, four individuals, including Hasan, are on military death row at Fort Leavenworth, Kansas. The last military execution took place there in 1961, by hanging.

Given the move toward a firing squad, speculation had arisen that the Army might consult states with recent experience in the method, such as South Carolina or Utah. South Carolina has carried out three executions by firing squad in the past 18 months. That state's protocol involves three volunteer shooters positioned 15 feet from the condemned prisoner, who is secured in a chair. A medical professional marks the heart's location, and a hood is placed over the prisoner's head after final words. All three shooters fire simultaneously with live ammunition. South Carolina reportedly spent approximately $54,000 to prepare its death chamber for this method.