Major Nidal Hasan, if he did what he is accused of doing, is a traitor and a war criminal, not a terrorist.
A terrorist is a civilian who commits or threatens an act of harm against a civilian target in pursuit of political goals.
That definition doesn’t differ much from many of the others you will find, if you look. We can quibble over a word or two, but there are three basic requirements.
- A terrorist is a civilian
- Who targets civilians
- For political reasons
Without the political motivation, the person is not a terrorist but an ordinary criminal.
But a member of the military who performs the same kind of acts terrorists do is committing a war crime. If he is out of uniform, or takes the uniform falsely, or abuses prisoners of war, or targets civilians generally, then he is a war criminal. If as Hasan did he targets unarmed combatants, then he is a war criminal.
President Obama doesn’t appear to know what separates terrorism from criminal activity (ABC video link):
JAKE TAPPER, ABC NEWS: Philosophically, what separates an act of violence from an act of terrorism?
PRESIDENT BARACK OBAMA: Well, look, we — we have seen, in the past, rampages of this sort. And in a country of 300 million people, there are going to be acts of violence that are inexplicable. Even within the extraordinary military that we have — and I think everybody understands how outstanding the young men and women in uniform are under the most severe stress — there are going to be instances in which an individual cracks. I think the questions that we’re asking now and we don’t have yet complete answers to is, is this an individual who’s acting in this way or is it some larger set of actors? You know, what are the motivations? Those are all questions that I think we have to ask ourselves. Until we have these answers buttoned down, I’d rather not comment on it.
Given the definition above, it is clear that if he did what he’s accused of doing, Nidal Hasan is a war criminal. If he’s legally a member of our armed forces, then as an officer owing allegiance to these United States he is also a traitor (one guilty of Treason). 18 USC § 2381:
Whoever, owing allegiance to the United States, levies war against
them or adheres to their enemies, giving them aid and comfort within
the United States or elsewhere, is guilty of treason and shall suffer
death, or shall be imprisoned not less than five years and fined under
this title but not less than $10,000; and shall be incapable of
holding any office under the United States.
Major Hasan is not a terrorist. But if he’s a member of Al Qaeda, then he’s a war criminal for another reason.
Assuming the enemy’s uniform is a war crime.

My vote's for a charge of treason and then execution.
janis Tuesday, November 10th at 1:05PM EST (link)Short, simple, and to the point.
Death by firing squad
izoneguy Tuesday, November 10th at 2:41PM EST (link)Record the execution and send the tape to Al Queda
“When the government fears the people, there is liberty. When the people fear the government, there is tyranny.”
Thomas Jefferson
That would be much too honorable...
rbdwiggins Tuesday, November 10th at 8:24PM EST (link)and would convey martyrdom upon Hasan.
There is a specific reason Saddam Hussein was hanged by the neck until dead.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
Personally I'm all for
The_Gadfly Wednesday, November 11th at 1:36PM EST (link)boiling him in pig fat, whether under traitor, terrorist, or mass murder definitions doesn’t much matter to me. But that probably violates the “cruel and unusual” clause, so I will settle for hanging.
We’ve been called racists enough now that it shouldn’t bother us any more.
-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463
If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?
inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156
I officially know more than the President knows about terrorism
Amy Miller Tuesday, November 10th at 1:14PM EST (link)Maybe they should hire me to give him vocabulary lessons.
~A
Tweet Me, It’s Trendy!!!: @amy_m_miller
“Ah, yes, it’s the apocalypse alright. I always thought I’d have a hand in it.”
I MUST SAY..WHAT CAN'T BE SAID
reelman Tuesday, November 10th at 1:30PM EST (link)I MUST SAY…WHAT CAN’T BE SAID
The Fort Hood mass murderer was a radical islamic man.
The Fort Hood mass murderer was influenced by radical islam.
The Fort Hood mass murderer used his religion to justify his killing.
The Fort Hood mass murderer is not “alleged” or a “suspect”.
The Fort Hood mass murderer attended a hate-filled mosque.
The Fort Hood mass murderer is a domestic terrorist.
The Fort Hood mass murderer killed unarmed innnocents.
The Fort Hood mass murderer is not in any way a victim.
The Fort Hood mass murderer was protected by liberal PC-ism.
The Fort Hood mass murderer is still being excused by national democrats and their minion media.
Does anyone find it strange that democrats have never had a problem loudly quickly blaming religious beliefs when an abortion mill doctor is killed but are silent when attack after attack by radical islamics kills innocents by the dozens or hundreds or thousands?
(answer: modern liberalism is a mental disorder)
http://conservablogs.com/theconservativecrawfish
“Ignore what is said, watch what is done”
The problem is congress…is congress…
Secular Socialism is never the answer…
“This is where we hold them, this is where we fight”
The “reelman” in central Louisiana
Oh, did I forget to say all of that?
Socrates Tuesday, November 10th at 1:37PM EST (link)The guy should have been run up the pole for dereliction of duty when he opened his mouth against his country.
–
Gone 2500 years, still not PC.
Well, that's a slight switch from your own diary.
Steph C Tuesday, November 10th at 3:10PM EST (link)Perhaps there is hope for you, yet.
Did I mention ’slight’?
“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics
Traitor and Terrorist are not mutually exclusive terms. nt
Read Chesterton in New Improved Jersey Tuesday, November 10th at 2:02PM EST (link).
“Nature is not our mother: Nature is our sister. We can be proud of her beauty, since we have the same father; but she has no authority over us; we have to admire, but not to imitate.” - G. K. Chesterton, “Orthodoxy,” Chapter VIII.
No, but "Major" and "terrorist" are.
Socrates Tuesday, November 10th at 4:04PM EST (link)He’s a war criminal, not a terrorist.
He’s also chargeable under Article 118 of the Uniform Code of Millitary Justice (Murder).
Penalty: Death.
Too bad we can only kill him once.
–
Gone 2500 years, still not PC.
OK, he's a major terrorist. nt
Read Chesterton in New Improved Jersey Tuesday, November 10th at 4:23PM EST (link)“Nature is not our mother: Nature is our sister. We can be proud of her beauty, since we have the same father; but she has no authority over us; we have to admire, but not to imitate.” - G. K. Chesterton, “Orthodoxy,” Chapter VIII.
Your snark fails
Amy Miller Tuesday, November 10th at 6:48PM EST (link)…when it ignores the obvious, the law, and things you can learn by reading.
~A
Tweet Me, It’s Trendy!!!: @amy_m_miller
“Ah, yes, it’s the apocalypse alright. I always thought I’d have a hand in it.”
I don't know from snark...
Read Chesterton in New Improved Jersey Tuesday, November 10th at 10:17PM EST (link)I simply don’t get the point of the legalese. An act of jihadist terrorism was committed. 13 people are dead. That the perpetrator’s US military status would prevent using the label “terrorist” seems silly to me. That the FBI was on to this evildoer and let him slip past their watch is more frightening to me than even knowing that there are threats like Hasan on the loose…
Here’s a question: If Hasan had used a bomb hidden on his person vice two pistols, would we be calling him officially a terrorist then? Why or why not?
“Nature is not our mother: Nature is our sister. We can be proud of her beauty, since we have the same father; but she has no authority over us; we have to admire, but not to imitate.” - G. K. Chesterton, “Orthodoxy,” Chapter VIII.
I would agree that there is some needle-threading here.
Socrates Tuesday, November 10th at 11:30PM EST (link)But in the end, which of us is worrying more about definitions, I who say he’s a war criminal, or you who say he’s a terrorist?
I’m certainly not going to the mat over his not being called a terrorist, even though I wrote the diary.
–
Gone 2500 years, still not PC.
You miss my point
Read Chesterton in New Improved Jersey Wednesday, November 11th at 12:04AM EST (link)which is, simply put, he is both.
I’m sure that the jurisdiction will fall under UCMJ. But given the military’s handling of him before he went all jihadist on them leaves one wondering whether they will have the will to prosecute him to the fullest extent. I think I’d prefer that the state of Texas have at him.
“Nature is not our mother: Nature is our sister. We can be proud of her beauty, since we have the same father; but she has no authority over us; we have to admire, but not to imitate.” - G. K. Chesterton, “Orthodoxy,” Chapter VIII.
You're missing the issue
Amy Miller Wednesday, November 11th at 2:54AM EST (link)The reason we have silly labels like “terrorist” and “war criminal” is so that we don’t screw up, apply the wrong standards, and end up wading through dismissed cases and procedural chaos. He’s not a terrorist, as per the statutory definition of “terrorist,” which is all that matters when it comes to prosecuting this monster. It doesn’t matter how you, I, or anyone else feels about it. Feelings are a nonissue. I promise you, we’ll be able to string this guy up by his thumbs without an ounce of emotional posturing about what he should be labeled.
The weapons he used are irrelevant. You can commit an act of terrorism with a knife if you’re so inclined. What matters is the man, the motivation, and the victim.
~A
Tweet Me, It’s Trendy!!!: @amy_m_miller
“Ah, yes, it’s the apocalypse alright. I always thought I’d have a hand in it.”
I agree with you 100%
Read Chesterton in New Improved Jersey Wednesday, November 11th at 12:25PM EST (link)but if the label “terrorist” is not applied with gusto to the cowardly monster’s act I fear he will be turned into an Islamic American icon by the left - a new Mumia Abu Jamal cause celeb’ if you will. Do not underestimate the power of the media to successfully paint him as a victim.
“Nature is not our mother: Nature is our sister. We can be proud of her beauty, since we have the same father; but she has no authority over us; we have to admire, but not to imitate.” - G. K. Chesterton, “Orthodoxy,” Chapter VIII.
I caught a huge case of cognative dissonance wi
The_Gadfly Wednesday, November 11th at 1:44PM EST (link)with one of those sentences:
That the FBI was on to this evildoer and let him slip past their watch…
not necessarily that your statement incorrectly characterizes the reality of the situation. If you are “on to” an evildoer there is no allowing someone to slip past. Especially as the military can quickly locate almost anyone enlisted in the service. The appropriate call to the right person in the military and none of this would have happened. That makes this failure unforgivable.
We’ve been called racists enough now that it shouldn’t bother us any more.
-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463
If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?
inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156
This is one time
TxTess Tuesday, November 10th at 3:15PM EST (link)that all the member of the firing squad will have bullets in their weapons.
Because I walk softly and carry a big Lipstick - Lori_Z at Red State
Yeah aside from technical definitions, but tell the victims and their families he's not a terrorist. nt
Common_Cents Tuesday, November 10th at 8:33PM EST (link)The all knowing Veteran John Kerry told us our military could be terrorists, remember?
“Never interrupt your enemy when he’s making a mistake.” Napoleon - Well, unless he is ruining your country! Common Cents
A cult of personality arises when a country’s leader uses mass media to create a heroic public image, often through unquestioning flattery and praise.[1] Cults of personality are often found in dictatorships.
I'm not minimizing their loss
Socrates Tuesday, November 10th at 10:03PM EST (link)which is awful.
Calling someone a traitor or a war criminal (or both) isn’t letting them off the hook.
–
Gone 2500 years, still not PC.
I believe the correct term is Islamic Jihadist...
rbdwiggins Tuesday, November 10th at 8:58PM EST (link)and the only thing that keeps Hasan from being legally classified as a terrorist is his military status. However, Hasan’s military status ensures that his actions satisfy the requirements of treason and justify the classification as traitor.
“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so.” – Ronald Reagan
Well, at least Obama knows who has the answers.
Tbone Tuesday, November 10th at 9:38PM EST (link)“…is this an individual who’s acting in this way or is it some larger set of actors? You know, what are the motivations? Those are all questions that I think we have to ask ourselves.”
He really is quite illiterate.
Envisioning when all that is Left is the Right.
I believe Hasan is both a traitor and a terrorist
Dave Tuesday, November 10th at 9:52PM EST (link)As such, he should be executed, revived, and executed again.
And may all his 72 virgins look like Helen Thomas.
-Dave
Our elected representatives have failed us.
Re: Helen Thomas
The_Gadfly Wednesday, November 11th at 1:47PM EST (link)That would be too kind. I want them all to look like Chris Mathews.
We’ve been called racists enough now that it shouldn’t bother us any more.
-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463
If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?
inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156
He may be charged with terrorism
nayyer_ali Wednesday, November 11th at 12:17AM EST (link)I think your definition is too rigid. A person in uniform can still commit an act of terrorism, if it is not done within the context of his military service (i.e. shooting civilians during a military operation intentionally). Also, the victims of a terrorist act do not have to be civilians. A broader definition would include non-combatants. For example a attacking a busload of new recruits being taken to a base for training. Or for that matter, the truck bombing of the marine base in Lebanon in 1982 is widely considered an act of terrorism and is often referred to as such. The key thing is the motivation, which is what the President was saying, correctly IMO. The JTTF may take jurisdiction of this case and Major Hasan may be charged in Federal Court with terrorism. On the other hand, the military could court-martial him. For those hoping for the death penalty, it is apparently much harder to carry out a death penalty in the military system than the Feds can.