Court Denies Fort Hood Suspect Access To Evidence

Posted at 2:11 PM, Jul 11, 2013
and last updated 2013-07-12 09:22:44-04

A federal appeals court has ruled the government does not have to disclose evidence it obtained in secret electronic surveillance to accused Fort Hood shooter Nidal Hasan before his court martial.

In the ruling filed by that appeals court, they said the government can use that evidence in the court martial against Hasan.

The 5th Circuit Court of Appeals in New Orleans said denying Hasan access to the evidence that was obtained through the Foreign Intelligence Surveillance Act does not violate his legal rights.

The Foreign Intelligence Surveillance Act allows the interception of electronic communications between foreign targets and people in the United States.  

It also allows national security officials to obtain authorization from the Foreign Intelligence Surveillance Court in tracking suspects for up to one year.

Wednesday's decision by that appeals court was not unexpected, and it's being viewed as a win for the prosecution.

10 of the mandatory 13 jurors in this trial have already been seated, including an alternate.

The jury selection phase will resume on Monday with six more potential panelists being questioned.

Testimony in the trial is still scheduled to begin on August 6.