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Judge: Accused Fort Hood shooter cannot argue he was defending Taliban

By CNN Staff
updated 1:06 PM EDT, Sun June 16, 2013
STORY HIGHLIGHTS
  • A military judge bars Nidal Hasan from using a ''defense of others'' strategy
  • No evidence to support Hasan's claim he was defending the Taliban, a judge says
  • Hasan is accused of killing 13 people during a rampage at Fort Hood in 2009

(CNN) -- A military judge on Friday struck down Army Maj. Nidal Hasan's planned defense that he was acting to protect the Taliban in Afghanistan when he killed 13 people in November 2009 at Fort Hood, Texas.

The judge, Col. Tara Osborn, ruled that there was no evidence there was an immediate threat by anyone at the Army post to people in Afghanistan.

She also ruled that Hasan, as a uniformed soldier, had no justification to kill other soldiers.

Osborn barred Hasan, who faces a possible death sentence, from presenting any evidence or arguments to support a "defense of others" claim during his upcoming court-martial.

The judge's ruling came as Hasan, who is acting as his own attorney, accused the military attorneys ordered to aid him of failing to support his "defense of others" motion.

Osborn ruled the adequacy of assistance was irrelevant as no amount of legal research or argument would have resulted in a different ruling.

Fort Hood shooting suspect could question victims at court-martial

CNN's Chelsea J. Carter contributed to this report.

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