and hasan said he helped to defend the taliban. that, according to lawyers say, that is proof of a terror attack. they also have braup up the fbi's disclosure that hasan had ties to anwar al awlaki in yemen. meanwhile still on the military's payroll being paid $300,000 since the shooting. the army can't stop paying him unless he's found guilty. randi kaye, cnn, new york. >> i want to dig deeper with republican frank walker, congress wolf is co-sponsor on legislation on pay for alleged felons. sergeant ray was in the line of fire at fort hood was credited with saving nine lives, six troops and three civilians that day. you introduced two bills, the second of which deals with hasan's salary. i think a lot of people are stunned to learn he's received over $300,000 in pay since the 2009 shooting. what would your bills do? >> the bill would put the money in escrow for anyone charged like this. and if they were found innocent, they would receive the money. if they were guilty, they would not get the money. because you should not be payin

and hasan said he acted to help defend the taliban. that, lawyers for the victims say, is proof of a terror attack. they also point to the fbi's disclosure that it had intercepted communications between hasan and u.s. born radical muslim cleric in yemen. meanwhile, major hasan, who renounced his citizenship, is still on the military's payroll, being paid more than $300,000 since the shooting. the army can't stop paying him unless he's found guilty. randi kaye, cnn, new york. >> i want to dig deeper on that now with congressman frank wolf, who is co-sponsoring legislation for pay. sergeant ray was in the fire at ft. hood and credited with saving nine lives that day. we spoke a short time ago. congressman wolf, you introduced two bills related to this case, the second dealing with hasan's salary. a lot of people are stunned to learn he's received around $300,000 in pay since the shooting. what would your bills do? >> the bill would put the money in escrow for anyone charged like this. if they were found innocent, they would receive the m

hasan dressed himself in u.s.tigues, packed up weapons and made the short drive to fort hood. it was just after 1:00 when nidal hasan walked into the soldier readiness processing center. hasan had the hand gun in his pocket and 16 magazines. he stuffed paper towels in his pockets so other soldiers couldn't hear the magazines clank together. hasan walked into a room filled with soldiers getting final medical approvals. according to court testimony, hasan sat down in a chair, placed both hands on his knees and stared at the ground for a moment and then stood up and started firing. >> i thought it was a training exercise where, you know, gun shots going off and it would be over in a minute. and then when i saw the blood and the people running around i realized that it was not. >> reporter: the smell of gun powder, smoke and blood filled the room. hasan reloaded magazines quickly firing nearly 150 shots. hasan targeted unarmed uniform soldiers and tried to avoid civilians. laser lights grashed across the room. one sol

hood shooter nadal hasan. court is now in recess after a defense attorney working with hasan told the judge he thinks hasan is intent on seeking the death penalty and he wants no part of it. this sparked an objection from hasan who told the judge, quote, that's a twist of the facts. today's exchange comes after hasan acting as his own attorney delivered an opening statement saying, quote, evidence will clearly show he was responsible for the shooting. hasan did not cross-examine any of the four witnesses who took the stand yesterday, including a victim of the shooting and a member of the mosque hasan attended. hasan is only planning to call two witnesses to the stand. mark potter is outside the courthouse in texas. he joins me now live. mark, are there any new developments in this? we know court is held off until tomorrow at 9:00 a.m., but this defense attorney, this side attorney attorney, if you will, has taken a very strong stand here. >> reporter: well, yes, he has, and there's clearly a battle between the

hasan himself is sitting there in his wheelchair. he's wearing an acu, an army combat uniform, a camouflage top. he's got a full beard. his haircut very short on the sides, bald on top. he's very quiet. no histrionics. no drama at all. when he gave the statement that you were talking about which lasted just a couple minutes, you almost had to strain to hear him as he sat in his chair talking to the panel of military jurors. he did say the blockbuster, of course, was that he said it's very clear that the evidence will show that i am the shooter. in the rest of the trial when the prosecutor was giving his opening statement, he sat there very quietly, not shaking his head, not disagreeing with anything. in fact, much of the time his head was lowered. he would look up occasionally. when he was asked by the court if he objected to something the prosecution was doing, he usually said no objection and moved on. so it's been a very quiet day in the court with lots bubbling outside the courtroom. >> and for people, mark, who have not been fol

this is in the case of major hasan.trist charged with 13 counts of murder and 32 counts of attempted murder. this is in the november 5th, 2009 shooting rampage that occurred in ft. hood. they have reached a verdict. prosecutors say he targeted soldiers deployed to afghanistan because he had a jihad duty to kill as many of them as possible. hasan admits to the shootings but under military law they're not allowed to plead guilty in death penalty cases. the military jury has reached a verdict in this case. i understand we had, ed. are you with us? >> reporter: we just emerged from the courtroom. the jury here has found nadal hasan guilty on every count. the maximum charges of 13 premeditated murder charges as well as 32 premeditated attempted murder charges. more importantly, this now means that hasan now qualifies because of those murder convictions that he is qualified for the death penalty. this now begins the second phase of this trial. i understand that they will reconvene on monday to begin putting on that testimony

hasan's own attorneys.in, at least not yet anyway. cully still stomp, seniorer legal fellow for detainee affairs and a military trial judge himself, culley, good morning to you. wow, this is a tough one. you think about the families and victims living through this, why in the world can a judge force an attorney to stay on the case when the attorney has said i want no part of this, this is not something i believe in? >> it's very typical for a judge, military or otherwise, to appoint standby counsel for a defendant who has the constitutional right to defend himself because the defendant may not be doing a good job or be so, he may become so deficient at defending himself the judge forces the standby counsel to jump in. and this defense counsel, lieutenant colonel pope, he is obviously uncomfortable with the defense strategy here because he would not put on a defense like this, like hasan is. so he wants off the case. bill: so why don't you find another standby attorney? >> well, there's several stand biattor

hasan appears determined to change that. >> i think major hasan may be the first military defendant ing time to be put to death. >> reporter: the arm psychiatrist has watched prosecutors persuade a jury to sentence him to death. he refused to call any witnesses to tell his story. hasan shows little interest in sparing his own life. the reason could very well be found in these medical documents hasan released to the "new york times," documents reviewing whether he was fit to stand trial. in january 2011 he told evaluators i don't think what i did was wrong because it was for the greater cause of helping my muslim brothers. he said if he is executed i would still be a martyr. terrorism expert seth jones says hasan wants extreme radical muslims around the world to view him as a hero. >> there is no question that nidal hasan has a somewhat jaded view of where he sits. he thinks he is going to be a martyr and he may have a small following. it is not that big. >> reporter: from the start nidal hasan admitted he was the shooter who walked into a fort hood medical processing building and start

prosecutors say it shows hasan's motive. hasan says he believes if he dies by lethal injection he would be considered a martyr which leaves shooting survivors anxious for hasan to go away. >> i won't allow him to consume anymore energy from my life than he's already done. i've released him and forgiven him completely and it's not up to me to punish him. >> ed joins me live now from ft. hood where this trial is actually taking place. big question everyone wants to know. do we expect hasan to take the stand and testify. i guess question himself while testifying. >> reporter: we don't fully know. i think every indication we've gotten from ft. hood officials and listening to what's been going on in the courtroom this morning i think everyone is definitely expecting nadal hasan to take the stand. the way this will work, he won't be allowed to get up there and give a speech as to why he committed this massacre. he has to leave a list of questions with his assisting attorneys and it has to be a question and answer format. the attor

in this case, hasan has fired two previous counsel. in order to assure fairness and justice is achieve, colonel osborne has three defense counsel assigned to assist. they have a limited role, jags are like regular lawyers, they have ethical obligations. they said we can't do this ethical obligations. we san do this because we have to zealously defend our client. he wants the death penalty. so they asked to be removed from the case. jamie: caught everyone by surprise. halt proceedings today. they're back in court. this just breaking that the associated press reporting that the fort hood shooting suspect. major nidal hasan can represent himself in this capital murder case and stand bilawyers can not take over. so they didn't get their request. saying that they will now have to remain in this capacity even though what he said he wants is death. >> that's correct. he has the right to actually represent himself, pro say like any other proceeding. it is odd. it made it very difficult for the families as you mentioned, jamie and victims sit a

many witnesses identified hasan as the gunman. he is act being as his own attorney and tried to argue that he killed our troops to prevent them from harming terrorist overseas. reporting live from fort hood, texas. stacey seagal. >> we got this word and everyone is assembling. the judge received word from the jury they want to come back to the courtroom. that can mean one of throw things. a verdict has been reached or they want to break for lunch which is a possibility or they have a question. we saw that yesterday even nothing the special report. we are on stand by at the time right now we'll tell you about the panel. we have had a question about this. this is a court martial and varys a bit from civilian court. every person on the panel. not a jury. but everyone of them is a senior army officer compiedz of nine colonels and three lieutenant colonels and one major. they were selected in the againing of july from u.s. army posts from all over the world and they serve in a range of position, staff for command on installations where

. >>> in texas tonight, the death penalty for nidal hasan.mer army psychiatrist who went on a deadly rampage at fort hood nearly four years ago, an attack that's been called the deadliest act of terrorism on american soil since 9/11. mark potter has been covering the trial and reports tonight from texas. >> reporter: it took nearly four years after the fort hood shooting rampage in which 13 were killed, and 31 wounded for nidal hasan, the convicted gunman to be convicted and sentenced to die. the panel ordered he be dismissed of the army and stripped of his pay. the decisions were unanimous as the sentence was read, hasan looked at the jury and judge, but had no apparent reactions. those would come from the victims' families who spoke after the sentencing. joe lean cahill lost her husband michael cahill when he was shot trying to stop hasan's attack. >> today a weight has been lifted off of my shoulder. he has been held accountable for his actions, and the panel gave him justice. >> reporter: in arguing for the death sentence the prosecutor,

they are side bar attorneys assigned to assist hasan if he needs it. he so far is acting as his own lead counsel. they want off this and now this could go to an appellate court. what do you make of what's happening and will this affect the outcome of the trial? >> it could. like in regular court martials, we have free of charge to any counsel, counsel assigned to him. he's fired two. he's going forward with his own case pro se before the court's court martial proceeding. the three defense attorneys were side barred to assist felt that the case was morally repugnant is the quote they used and they couldn't possibly go forward because they felt they were collaborating with the prosecution. they weren't able to fulfill their ethical obligations. military lawyers have ethical obligations to zealously represent their client. in this case they felt they couldn't do it. the judge said, hey, this is a matter of them not getting a longs, not having the same trial strategy and thus they wanted to proceed forward. the colonel said, sorry, folks. you have to stay

as the verdict was read in court, hasan, acting as his own lawyer, showed no emotion. prosecutors are seeking the death penalty. 16 family members representing the murder victims will be allowed to address the court and hasan. >> i think it is also important that these victims finally have the opportunity to express to this jury the magnitude of the suffering that he inflicted on them and the way he destroyed their lives. >> reporter: hasan paralyzed in the shootout put on no defense case, but at sentencing, he is expected to speak. he has already said he switched sides to protect islam and leaders of the taliban. >> there is a religious, and a political component to it and in his case, a personal, moral component to it. >> reporter: during the trial, prosecutors presented 89 witnesses, many of whom gave graphic accounts of the bloody massacre. one told of hearing army private first class francheska velez screaming, my baby, my baby, my baby before she was killed. prosecutors say hasan carefully planned the attack and fired 150 rounds inside the army medical building.

hasan declared american democracy is incomparable. even if it specifically goes against what all mighty god commands. hasan complains america's ban on cruel and unusual punishment promotes flogging of a forn cater or severing a hand of a thief. >> it is clearly an after the fact issue where he is trying to put the sort of personal jihad into a larger religious and sort of geopolitical context and justify what he is doing perhaps in a sense to himself but also in large measure to the folks in the islamic world. >> reporter: on his relationship with the radical cleric hasan writes he was my teacher, mentor and friend. i hold him in high esteem. >> he is saying he is a home grown extremist and somebody who identifies with al qaeda's ideology. >> reporter: in court wednesday the military judge denied the use of three alleged e-mails by the prosecution. >> and the judge declined to impose a gag order on hasan. fox news asked the officer at fort hoods if they would wish to comment on the statements and there was no immediate response. >> wh

hasan's stand by attorneys have said he seemed to have a death wish. now the jurors say they are ready to grant that wish. casey stegall has the news. he's live for us at fort hood. casey, what's the latest? >> reporter: trace, the deliberations only about two and a half hours compared to the six and a half hours that exact same 13-member panel used to convict major hasan of these 13 counts of premeditated murder and 32 counts of attempted premeditated murder, but this morning at about 11:02 local time, just after noon in the east is when this 13 member panel of senior army officers began deliberating on whether or not hasan would get the death penalty. just before the top of this program, at the top of studio b, the top of 3:00 local or 3:00 eastern, i should say, is when the jury came into that room and said that they found he should be sentenced to death. and when that verdict came down, hasan did what he has done this entire time. he stared down at the defense table. he showed zero emotion. he did look at one point at the president of the panel whe

>> hasan is representing hufl during the proceedings.e military judge for the court-martial has rejected hasan's offer to plead guilty. hasan admits he's behind the attack, but military law prevents him from pleading guilty since he faces a death sentence. while protecting hasan the military is actively punishing soldiers for having bibles, having christian material in their possession, even having chaplains pray in jesus's name. joining me now is the author of a wonderful book called "hope unseen." major scottee smiley, who was blinded by a suicide bomber in iraq in 2005, is the first active duty army officer to serve who is blind. scotty, it's a real honor and pleasure to have you here. [ applause ] thank you for your heroic service to this country. >> of course, no. it's my pleasure. >> recently, soldiers who were homosexual were given the right to wear their uniforms and march in gay pride parades. >> mm-hmm. >> you often go to churches and give your christian testimony. you're told you cannot wear your uniform in a church. does that

nidal hasan is the man responsible for the 2009 fort hood shooting.oining us now live from fort hood. heidi where are we in the trial now? >> well just moments ago, dell, hasan spoke, saying he has no closing statement in this punishment phase of the trial, no surprise to anyone here. he's mainly stayed silent out there this court-martial. you contrast that to what we heard from the government earlier this morning in their closing argument. painstakingly going into detail about these victim impact statements we heard through these last two days of the families left behind from the victims that hasan shot. the 13 people who lost their lives on november 5th, 2009. colonel mike mulligan opening his closing argument by telling the jury, quote, death. he was trained as a doctor to save lives, but on five november he only death death. he dealt no compassion, no understanding, no exceptions, he only dealt death. that's the argument that the jury will soon start deliberating. and now that we know that hasan is make nothing statement whatsoever. the deliberati

hasan only asked a few questions of witnesses. he is a quiet by stander. the attorneys assigned to help say they can't let it happen. >> defense lawyers are in a terrible predicament because they have to stand by and watch the person they are charged with assisting to represent himself essentially but the noose around his own neck. they view this as fundamentally inconsistent with their ethical obligation as lawyers. >> reporter: where nidal hasan would end up if he is convicted and sentenced to death. there hasn't been a military execution since 1961. the legal road to the death chamber is full of detours. based on recent pasts even if hasan gets the death penalty it is possible he may never be executed. military law expert says the legal drama we saw unfold on this day will not derail hasan's murder trial. >> i suspect she is going to make major hasan acknowledge on the record that he understands the immense risk he is assuming. >> reporter: so the question is what will the judge do. what will happen next? several military legal experts that we spoke wit

nidal hasan doesn't deny he did it.ow, some of the survivors will finally get to confront him in court. >> i don't go a day without thinking about this. >> shepard: that and what hasan had to say for himself today. former president george w. bush recovering after doctors found a blockage in his heart and inserted a stent. >> they take the stent and then they coat it with a drug that prevents clots from forming. >> shepard: tonight, a look at the procedure and the former president's health but how to tell if you are at risk. and, handcuffed, chained and locked in a coffin then shoved out of an airplane. >> not successful is not an option here. >> shepard: the dare devil who tried to make the aescape. but first from fox this tuesday night, criminal charges filed. the first criminal charges in the attack on the u.s. outpost in benghazi, libya. on september the 11th of last year. happened today according to a u.s. official speaking to fox news. the terror strike killed four americans. our ambassador, chris stevens, the stat

that led to quite quite quite interesting response to major hasan. one that would have the judge end the trial for the day. "the fox report's" correspondent jonathan hunt has this. what happened in the courtroom? >> that stand-by attorney is lt. colonel chris poppy. he told the judge today, shep, that he was not able to perform his duties adequately because major hasan's actions in court prevent him doing so. ,e said of hasan, it is, quote, clear his goal is to remove impediments and obstacles to the death penalty and is working toward a death penalty. major hasan immediately interjected saying i object, that's a twist of the facts. the judge asked major hasan to put those arguments in writing. he. he refused, she recessed the court. we will find out how she wants to proceed when court resumes tomorrow morning, shep. >> shepard: of course, this could be part of major hasan's strategy, i suppose. >> made that very point when colonel poppy, the stand-by attorney pointed out that hasan had only questioned two of the dozen witnesses called so far. and di

witnesses say hasan shouted god is great in arabic before opening fair and hasan said he acted to help defend the taliban. that, lawyers for the victims, say is proof of a terror attack. they also point to the fbi's disclosure that it enter superintendent -- intercepted communications between hasan and someone in yemen. he's still on the military's payroll being paid more than $300,000 since the shooting. the army can't stop paying him unless he's found guilty. randi kaye, cnn new york. >>> dig deeper on that now with frank wolf and retired sergeant howard ray. wolf is co-sponsoring legislation. sergeant ray was in the line of fire at fort hood that day and saved many. congressman wolf, you introduced two bills related to this case. the second of which deals with his salary. a lot of people are stunned to learn he's received around $300,000 in pay since the 2009 shooting. what would your bills do? >> the bill would put the money in escrow for anyone charged like this and if they were found innocent they would receive the money. if they were guilty, they would not get the money because

a major, similar to major hasan.n you also have colonels, three colonels and nine lieutenant-gols which is a high-ranking crowd. these are elite individuals who served in command posts. i think 11 of the 13 have served in commands. a number of them have served overseas in afghanistan and iraq. these are, you know, skilled individuals with a lot of, you know, burnished records. one of them, at least one of them attended west point. a lot of them haved advanced degrees. in terms of a verdict, they have to have unanimous verdict in order to have a death sentence. what happens is they make a vote by secret ballot on what their verdict is going to be. if they can't achieve a two-thirds majority then they end up quitting so it's significantly different from a civilian trial. >> warner: molly hennessey-fisk of the los angeles times, thank you. >> ifill: the pentagon pushes back against what they describe as crippling budget cuts. ray suarez has the story. >> suarez: the defense department announced today it was reducing the

hood shooter nadal hasan.his ongoing trial makes me wish we had more judges like william young who sentenced the shoe bomber to life in prison. here's what judge young said to reed during the sentencing. i quote, you are a terrorist. you're not a soldier in any war, you are a terrorist. to give you that reference, to call you a soldier gives you far too much stature. whether the offices of government do it or your attorney does it or if you think you are a soldier, you are not. you are a terrorist. and we don't negotiate with terrorists, we don't meet with terrorists, we don't sign documents with terrorist, we hunt them down one by one and we bring them to justice end quote. judge young -- [ applause ] >> here's my thought. if president obama has another vacancy on the supreme court, i can't think of anybody better to pick than you to be on that court. thank you for speaking up for virtually every american i know and speaking it like it ought to be. judge young, you're a hero today. [ applause ] >> coming up,

the murder verdict was unanimous which means hasan could get the death penalty. anna werner is at fort hood. >> reporter: major nidal hasan looked up at the jury foreman as she read out the decision. the jury voted unanimously that he was guilty on 13 counts of pre-meditated murder and also guilty of 32 counts of attempted premeditated murder. over 13 days, prosecutors laid out a detailed case to convince the jury that hasan came to believe he had a jihad duty to kill soldiers and then carried out a plan to do just that. they showed evidence hasan trained for months at a shooting then hid two guns and 420 rounds of ammunition in his army fatigues then went to a medical building where members of his own unit were prepareing to deploy. witnesses told of a scene of terror and chaos as hasan opened fire on a group of 45 unarmed soldiers. they listened as a pregnant soldier-- private francesca velez-- begged for mercy saying "my baby, my baby" before she was shot and killed. hasan, who is representing himself, admitted "i am the shooter" in his opening statements. he

hasan, who is acting as his own attorney, was calm in his statement. he said "the evidence will clearly show that i am the shooter." but, he said, he was among imperfect muslims trying to establish the perfect religion. he added "i apologize for any mistakes i made in this endeavor." >> worst day of my life, ever. i'll never forget it clear as a bell forever, unfortunately. >> reporter: leila hunt willingham's younger brother jason was killed in the attack. she hopes the court-martial will provide answers. >> i don't believe in the word "closure" because it never really goes away. but i just wanted that piece of knowing what his last moments were like. i just wanted to know if he was scared. and i don't know why. i need to know that. it just breaks my heart. it bothers me so much to think he was. >> reporter: that he was scared. >> yeah. >> reporter: and you couldn't be there to protect him. >> it's just hard to think about. >> reporter: and today the prosecutor said that jason hunt was one of three soldiers who stood up to protect a group of nurses du

>> hasan is representing hufl during the proceedings.ilitary judge for the court-martial has rejected hasan's offer to plead guilty. hasan admits he's behind the attack, but military law prevents him from pleading guilty since he faces a death sentence. while protecting hasan the military is actively punishing soldiers for having bibles, having christian material in their possession, even having chaplains pray in jesus's name. joining me now is the author of a wonderful book called "hope unseen." major scottee smiley, who was blinded by a suicide bomber in iraq in 2005, is the first active duty army officer to serve who is blind. scotty, it's a real honor and pleasure to have you here. [ applause ] thank you for your heroic service to this country. >> of course, no. it's my pleasure. >> recently, soldiers who were homosexual were given the right to wear their uniforms and march in gay pride parades. >> mm-hmm. >> you often go to churches and give your christian testimony. you're told you cannot wear your uniform in a church. does that se

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hasan went on to say i was on the wrong side and i switched sides.rosecutors say hasan felt a jihad duty to kill as many soldiers as possible, that he was targeting soldiers preparing to deploy to fight war in afghanistan. heavy security is in place for major hasan's court martial. it block by sand baskets. he has flown in by helicopter from the nearby county jail where he is being held. he is acting as his own attorney and will likely question his own victims as the trial continues. >> i got shot twice in the lower back. >> 41-year-old christopher royal is one of those victims preparing to stare down hasan in court. the chief warrant officer is still recovering from his wounds, nerve damage down his arm, back and legs. the trauma is more mental for this married father of a young boy. >> i can't go to crowded places anymore. i don't even go to the mall anymore. i can't take my child to disneyland because i can't deal with it. i can't take my child to six flags because i can't deal with it. >> royal has found solace and healing in the gym. he works ou