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| TIME | SPEAKER | TEXT |
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| 00:00:19 |
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WE'RE GOING TO HAVE A FEW WORDS FROM EACH ORGANIZATION AND THEN GET TO OUR PANEL. TO TELL YOU A LITTLE... |
| 00:01:08 |
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GOOD MORNING, WELCOME ON BEHALF OF MRE. I WAS THE DEFENSE ARROW SPACE REPORTER UNTIL THEY DISAPPEARED... |
| 00:04:19 |
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THANK YOU. I'M ELLEN SHARER WITH THE SCHOOL OF JOURNALISM WASHINGTON PROGRAM AND ALSO THE CO-DIRECTOR... |
| 00:08:52 |
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THANKS VERY MUCH. I'D LIKE TO ALSO WELCOME EVERYBODY WHO IS HERE TODAY AND TAKEN THE TIME TO COME... |
| 00:13:58 |
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BRIAN. |
| 00:14:00 |
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HI, AND THANK YOU. I GUESS ADDING ON TO WHAT GENE'S COMMENTS, I WOULD LIKE TO PERHAPS GIVE A FEW BRIEF... |
| 00:17:34 |
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A COUPLE OF PRELIMINARY THINGS I LEFT OUT AT THE BEGINNING, YOU CAN FIND OUR WEB PAGE -- IT HAS MOVED... |
| 00:20:51 |
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GENE? |
| 00:20:54 |
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IF I CAN JUST ADD A COUPLE OF FOOTNOTES PROMPTED BY MICHELLE'S REMARKS. IT'S DIFFICULT TO THINK OF... |
| 00:24:53 |
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I THINK WE SHOULD OPEN IT UP TO YOUR QUESTIONS. YES. |
| 00:25:01 |
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DON OF MRE. THERE WAS A CASE THAT I WAS INVOLVED IN REPORTING IN 1983 JUST A WEEK BEFORE THE INVASION... |
| 00:25:44 |
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THIS IS THE EK BAR CASE. |
| 00:25:47 |
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I'VE FORGOTTEN HIS NAME. SINCE THAT TIME I'VE READ AND NOT BEEN AWARE OF WHAT HAPPENED WITH THIS.... |
| 00:26:07 |
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SURE, I THINK YOU SAID 1983. I ASSUME YOU MEANT 2003. I WANT TO MAKE SURE WE'RE TALKING ABOUT THE... |
| 00:27:23 |
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YOU CAN'T PLEAD GUILTY TO A CAPITAL OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE. LET'S ASSUME... |
| 00:27:33 |
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THAT'S CORRECT. |
| 00:27:35 |
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THIS MAY BE AS GOOD A TIME AS ANY TO DESCRIBE THE APPELLATE PROCESS. MICHELLE, DO YOU WANT TO RUN... |
| 00:27:43 |
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SURE. AND WE CAN USE THE AKBAR CASE AS AN EXAMPLE AND BUILD ON THE OTHER FOUR INDIVIDUALS WHO ARE... |
| 00:30:12 |
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IT WAS MANDATORY FOR CAPITAL CASES. |
| 00:30:13 |
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IF THERE'S A CAPITAL SENTENCE, IT'S MANDATORY REVIEW. |
| 00:30:17 |
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RIGHT. ASSUMING THAT THAT IS THE CASE HERE, WHICH ALL INDICATIONS ARE THAT THAT WOULD BE THE CASE,... |
| 00:31:24 |
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A COUPLE OF THINGS I WOULD ADD TO THAT. MAYBE IT WOULD HAVE BEEN MORE HELPFUL TO WALK THROUGH THE... |
| 00:33:15 |
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CAN I JUST ASK A QUESTION TO FOLLOW UP. THE SANITY ISSUE IS DIFFERENT IN THE MILITARY OR THE DEFINITION... |
| 00:33:29 |
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I UNDERSTAND IT WAS A HIGHER BAR -- |
| 00:33:31 |
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EACH STATE HAS DIFFERENT VERSIONS OF THE SANITY. SO IT IS ON THE SPECTRUM THERE ARE SOME STATES AND... |
| 00:34:49 |
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BRIAN YOU MAY HAVE SAID BOARD OF CIVILIANS, I THINK YOU MEANT BOARD OF PHYSICIANS. |
| 00:34:57 |
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YES, I'M SORRY. |
| 00:34:58 |
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THEY ARE PHYSICIANS. |
| 00:34:59 |
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ABSOLUTELY. |
| 00:35:00 |
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MAYBE THIS IS PROBABLY A GOOD TIME TO OPEN UP THE FLOOR TO QUESTIONS, ELLEN. |
| 00:35:07 |
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RELEVANT TO THIS PART OF THE PROCESS, CAN THE DEFENDANT REQUEST A CHANGE OF VENUE AND HOW DOES THAT... |
| 00:35:18 |
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YOU CAN REQUEST A CHANGE OF VENUE, IT IS HIGHLY DISCRETIONARY AS TO WHETHER IT WOULD BE CHANGED. YOU... |
| 00:36:41 |
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WHICH HOST IT WILL BE HELD AT? |
| 00:36:43 |
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I DON'T KNOW THE ANSWER TO THAT -- |
| 00:36:45 |
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I THINK THE STARTING POINT WOULD BE TO THE COMMANDING GENERAL IN FT. HOOD IS THE ONE WITH AUTHORITY... |
| 00:37:30 |
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BECAUSE IT IS A HIGH PROFILE CASE AND THE COMPLEXITY OF IT, DO YOU HAVE ANY IDEA HOW LONG BEFORE WE... |
| 00:37:45 |
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MICHELLE? |
| 00:37:49 |
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I THINK IT WOULD EASILY BE SIX BEFORE WE SAW THAT. IT COULD DEPEND ON THIS AT THIS POINT WHETHER WE'RE... |
| 00:38:42 |
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LET ME SAY THAT I THINK THAT IT IS UNLIKELY THAT ANY SIGNIFICANT LEGAL PROCEEDINGS ARE GOING TO HAPPEN... |
| 00:39:02 |
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BUT I DO THINK THERE ARE SPEEDY TRIAL ISSUES AND IF HE'S KEPT IN PRETRIAL CONFINEMENT I DO THINK YOU'RE... |
| 00:39:36 |
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DID YOU SAY EARLIER THE APPEALS PROCESS IS TYPICALLY EIGHT YEARS OR LONGER? |
| 00:39:40 |
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I THINK THAT'S THE STATISTICAL AVERAGE FOR CASES THAT HAVE GONE THROUGH THE MILITARY COURT PROCESS.... |
| 00:39:47 |
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IT'S CLEAR BETWEEN THE TRIAL PROCESS AND THE COMMAND REVIEW PROCESS AND THEN THE APPELLATE PROCESS... |
| 00:41:46 |
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JUST FOR CONTEXT IN THAT RECENTLY, SINCE THAT EXECUTION OF THE FIVE FOLKS THAT HAVE BEEN ON DEATH... |
| 00:42:24 |
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LET ME CLARIFY, FIVE SENTENCED TO DEATH SINCE '61? DID I GET THAT RIGHT? |
| 00:42:29 |
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NO, NO, NO, IT'S MUCH MORE THAN THAT. SEVERAL DOZEN, I BELIEVE. |
| 00:42:32 |
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CORRECT. WHOSE APPEALS -- ONE OF THE ISSUES YOU SEE IS THERE HAS BEEN SEVERAL OF THESE CASES HAVE... |
| 00:43:26 |
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FOR CLARIFICATION, WE USUALLY LOOK AT, FOR NUMBERS, WE LOOK BACK TO 1984 WHEN THE RULES WERE SIGNIFICANTLY... |
| 00:44:43 |
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L LET ME MENTITION T TTT IN ADDITITION TOEIEING SLOW TO IMIMPOSE THTHE DEATH PENALTY A AS A SENTENCE,... |
| 00:46:40 |
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AND ONE EXAMPLE OF THAT, THEN WE'LL TAKE SOME MORE QUESTIONS, JUST THE GRAY CASE ALONE, WHICH IS THE... |
| 00:47:18 |
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I DON'T KNOW -- I CAN'T REALLY SAY EXACTLY WHY THAT IS. |
| 00:47:22 |
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I KNOW SOME OF THE SPECULATION HAS BEEN THAT IT'S NOT NECESSARILY A POPULAR MOVE TO BE THE FIRST PRESIDENT... |
| 00:48:02 |
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PRESIDENT CLINTON DID NOT HAVE SCRUPLES ABOUT DEATH SENTENCES. HE WAS A STATE GOVERNOR AND THERE... |
| 00:48:27 |
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I HAVE TWO QUESTIONS. THE FIRST ONE IS COULD HASAN REMAIN AT FT. HOOD ONCE HE'S HEALTHY ENOUGH TO... |
| 00:48:54 |
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IF I WERE TO GUESS, I WOULD SAY THIS IS MID-NOVEMBER, I WOULD SAY TRIAL MIGHT WELL BE |
| 00:49:04 |
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[ INAUDIBLE ]. |
| 00:49:05 |
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WELL, FAST OR SLOW. THE MILITARY, YOU KNOW, WE IN THE WASHINGTON AREA ARE FAMILIAR WITH SOMETHING... |
| 00:49:33 |
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TO YOUR FIRST QUESTION, MY UNDERSTANDING IS ACTUALLY THAT HE RIGHT NOW, IF I'M NOT MISTAKEN, IS ACTUALLY... |
| 00:50:21 |
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OBVIOUSLY THIS CASE HAS GENERATED A LOT OF NATIONAL AND INTERNATIONAL ATTENTION ALREADY, SO ONE OF... |
| 00:51:47 |
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ONE UNIQUE THING ABOUT IT IS BECAUSE MAJOR HASAN IS A HIGH-RANKING INDIVIDUAL BECAUSE HE'S A MAJOR... |
| 00:52:36 |
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RIGHT. AND REMEMBER THE MEMBERS OF THE JURY, THE MEMBERS OF THE COURT-MARTIAL, HAVE TO BE SENIOR ... |
| 00:53:01 |
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AS A REQUIREMENT, HE COULDN'T REQUEST HAVING ENLISTED? |
| 00:53:05 |
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HE WOULDN'T GET IT. ENLISTED PERSONNEL WHO ARE ACCUSED UNDER THE UCMJ HAVE A RIGHT TO REQUEST ENLISTED... |
| 00:53:28 |
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GENERAL COURT-MARTIALS, MEMBERSHIP IS SEVEN OR NINE? |
| 00:53:31 |
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IT HAS TO BE 12 FOR A CAPITAL CASE NOW. THAT'S A RELATIVELY RECENT REFORM, BY THE WAY. |
| 00:53:35 |
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THAT'S FOR A CAPITAL CASE. IT WILL BE 12. IF THE CASE IS REFERRED CAPITAL. |
| 00:53:42 |
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IT HAS TO BE AT LEAST 12 SO THAT'S UNLIKE -- WE HAVE COME FROM HAVING TO HAVE AT LEAST FIVE, WHICH... |
| 00:54:40 |
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WE PROBABLY SHOULD TAKE A SECOND AND TALK ABOUT THE LAWYERING IN THIS CASE. OBVIOUSLY, THERE ARE TRAINED... |
| 00:56:06 |
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COULD YOU TALK ABOUT VOIR DIRE AGAIN FOR A MOMENT? IS IT DIFFERENT THAN IN CIVILIAN COURTS? HOW DOES... |
| 00:56:18 |
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YOU WANT TO TAKE THAT ONE? |
| 00:56:21 |
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IT'S VERY SIMILAR TO CIVILIAN COURT, I GUESS I WOULD SAY, IN THAT REGARD. THERE IS ALSO -- THERE IS... |
| 00:57:35 |
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THE JURISPRUDENCE ON THIS, IT'S CALLED THE LIBERAL GRANT RULE. SO THAT MILITARY JUDGES ARE UNDER... |
| 00:59:01 |
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INTERESTINGLY, ALONG THOSE LINES, I THINK ONE THING YOU'D WANT TO THINK ABOUT AND AN ISSUE THAT MIGHT... |
| 00:59:55 |
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WE SHOULD GO BACK AND TAKE ONE SECOND, I KNOW THERE WAS A HINT OR TWO IN THE BACK OF THE ROOM, BUT... |
| 01:01:13 |
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YOU HAD MENTIONED THAT THE PROSECUTION'S GOING TO BE LOOKING VERY CAREFULLY TO WHAT THEY DO WITH AN... |
| 01:01:34 |
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WELL, MICHELLE, WHY DON'T YOU -- YOU CAN START ON THAT. WE CAN ALL PROBABLY COMMENT ON THAT ONE. |
| 01:01:42 |
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WELL, THERE ARE ANY NUMBER OF PITFALLS. OBVIOUSLY, ALL THE APPELLATE ISSUES THAT COULD POSSIBLY BE... |
| 01:03:31 |
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I MEAN, FOLLOWING UP ON WHAT WAS JUST SAID, TRUTHFULLY, MITIGATION EXPERTS, THE MOST RECENT KIND OF... |
| 01:05:45 |
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THERE HAS BEEN SO MUCH ATTENTION TO THIS CASE SO FAR THAT YOU COULD ALMOST ALREADY MAKE UP A SHOPPING... |
| 01:09:38 |
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WE'RE GOING TO HEAR A LOT ABOUT HERE IN TOWN BECAUSE REPORTERS ARE GOING TO BE ASKING THE PRESIDENT... |
| 01:09:59 |
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THAT'S A GOOD POINT. FOR SHORTHAND, WE'RE ALL USED TO THE PHRASE COMMAND INFLUENCE. MILITARY JUSTICE... |
| 01:11:37 |
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JUST SO PEOPLE UNDERSTAND THAT ISSUE A BIT, IF YOU THINK OBVIOUSLY OF THE MILITARY HIERARCHY, SO EVERYONE... |
| 01:12:24 |
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JUST ONE EXAMPLE IS SUPPOSE YOU HAD A COMMANDER WHO SAID GEE, I JUST DON'T SEE HOW IF YOU PUT SOMEBODY... |
| 01:13:42 |
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ON THE DOCUMENTS ISSUE, IS THERE ESTABLISHED POLICY ON THAT OR IS THAT SORT OF MADE UP AS IT GOES... |
| 01:13:50 |
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ON ACCESS TO THE LEGAL PAPERS? ALL I CAN SAY IS THAT THIS IS -- WE PRESSED THIS IN THE CASE THAT ... |
| 01:15:14 |
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TALK ABOUT THE JUDGE WHO WILL PRESIDE OVER THIS. ARE THEY USUALLY BROUGHT IN FROM OUTSIDE COMMAND?... |
| 01:15:24 |
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DIFFERENT SERVICES DO IT A LITTLE BIT DIFFERENTLY. SOME OF THE JUDGES ARE STATIONED OUT OF A PARTICULAR... |
| 01:17:01 |
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ONE POINT ABOUT THE MILITARY JUDICIARY AND BY THE WAY, WE TALK ABOUT THE UNIFORM CODE OF MILITARY... |
| 01:19:09 |
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YOU'RE TALKING ABOUT IT BEING REFERRED AS A CAPITAL CASE. SO IS IT NOT ALREADY A CAPITAL CASE? |
| 01:19:13 |
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THAT'S RIGHT. |
| 01:19:14 |
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IT'S MERELY A POTENTIAL CAPITAL CASE. |
| 01:19:18 |
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SO WHEN DOES THAT -- |
| 01:19:20 |
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HERE'S HOW THE PROCESS WORKS. INITIALLY THE CHARGES HAVE BEEN BROUGHT AGAINST HIM, AGAINST MAJOR HASAN.... |
| 01:20:24 |
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YOU MENTIONED CONGRESS EARLIER AND THE CONGRESSIONAL INVESTIGATIONS THAT ARE ALREADY BEING DISCUSSED... |
| 01:20:56 |
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WELL, I DO THINK THAT THERE IS A DANGER THAT CONGRESS IN THE PURSUIT OF ITS CONSTITUTIONAL POWERS,... |
| 01:22:33 |
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THAT COULD BE A VERY LONG WAIT. |
| 01:22:34 |
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YES. YES. THAT'S TRUE. THAT'S THE TENSION. IT'S CLEAR THAT THERE'S A TENSION. I KNOW THE HOMELAND... |
| 01:23:38 |
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RELATED ISSUE THAT WAS RAISED I GUESS IN SOME PRESS REPORTS IS QUESTIONS OF WHETHER OR NOT BASED ON... |
| 01:24:28 |
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ONE POINT THAT MAYBE IS WORTH MAKING, WE'RE TALKING REALLY HERE ABOUT THE SORT OF TRADITIONAL PRODUCT... |
| 01:25:53 |
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ARE THERE ANY OTHER QUESTIONS, COMMENTS? WELL, AT THE START OF THIS MORNING, I THINK I PROMISED YOU... |
| 01:26:40 |
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WE SHOULD PROBABLY TALK ABOUT AT WHAT POINT IT BECOMES DESIRABLE TO RECONVENE. |
| 01:27:08 |
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SO THIS EVENT LOOKING AT THE COURT-MARTIAL PROCESS FOR THE ACCUSED FT. HOOD SHOOTER IS |
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.
