# Nidal Malik Hasan

> A former Army psychiatrist, Hasan was convicted by court-martial of killing 13 people at Fort Hood's deployment processing center in 2009. The Army has set his execution by firing squad for Dec. 3, 2026, which would be the first U.S. military execution since 1961.

- Case: United States v. Hasan · Fort Hood, Texas · 2009
- Status: Execution scheduled. The death sentence stands and his direct appeals are exhausted. The president approved the sentence on Oct. 2, 2026, and the Army has set execution by firing squad for 1 p.m. Dec. 3, 2026, at Fort Hood. No court challenge to the execution order was reported in the sources reviewed.
- Last updated: 2026-10-12
- Editorial review: approved 2026-10-12
- Web page: https://criminalbackstories.com/cases/nidal-hasan/
- All defendants are presumed innocent until found guilty by a court of law. Charges and allegations described on this site are not proof of guilt.

## Why this case is in the news

President Donald Trump approved Hasan's death sentence on Oct. 2, 2026, following a recommendation from Defense Secretary Pete Hegseth.[12][14] The Pentagon announced the approval, and execution by firing squad, on Oct. 5.[11][16] In an order signed Oct. 6, acting Army Secretary Adam Telle set the execution for 1 p.m. on Dec. 3, 2026, at Fort Hood, where the shooting took place.[14] On Oct. 8, Pentagon officials said the execution would be livestreamed.[13] It would be the first military execution in more than 65 years.[12]

## Case at a glance

- Charges: 13 specifications of premeditated murder (Article 118, UCMJ) and 32 of attempted premeditated murder (Article 80, UCMJ)[1]
- Victims: 13 people killed, 12 soldiers and one civilian; 31 wounded, per the appellate court's count[1][14]
- Date and place: Nov. 5, 2009, Soldier Readiness Processing center, Fort Hood, Texas[1]
- Age at offense: 39[22]
- Trial: General court-martial; he represented himself, with standby counsel[1]
- Convicted: Aug. 23, 2013, on all specifications[16][8]
- Sentenced: Aug. 28, 2013: death, dismissal from the service and forfeiture of all pay and allowances[8]
- Army appeal: *United States v. Hasan*, 80 M.J. 682 (A. Ct. Crim. App. 2020) (en banc), affirmed[5][1]
- Final military appeal: *United States v. Hasan*, 84 M.J. 181 (C.A.A.F. 2024), affirmed on reconsideration[1][4]
- Supreme Court: Review denied March 31, 2025 (No. 24-5225)[19][7]
- Presidential approval: Oct. 2, 2026[12]
- Execution date: 1 p.m. CT, Dec. 3, 2026, by firing squad at Fort Hood[14]
- Held at: U.S. Disciplinary Barracks, Fort Leavenworth, Kansas[8][12]

## The backstory

### Preparation

By the account in the Court of Appeals for the Armed Forces' 2024 opinion, Hasan, an Army psychiatrist, went to a gun shop in July 2009 and asked for "the most technologically advanced handgun on the market."[1] He bought an FN 5.7 pistol, magazine extensions that held thirty rounds, and laser sights, and he returned repeatedly to buy more ammunition and magazines.[1] Beginning in October 2009 he practiced at a shooting range, became proficient at hitting targets at 100 yards, and asked an instructor how to practice speed loading.[1]

That October he learned he would deploy to Afghanistan the next month.[1] A co-worker testified that he was reluctant to go and said, "They've got another thing coming if they think they are going to deploy me."[1] In the two weeks before the attack he made seven to nine unscheduled visits to the Soldier Readiness Processing center, which a witness said served no apparent purpose.[1]

### The shooting

The Soldier Readiness Processing center was where soldiers received immunizations and medical clearance before deploying.[13] In the early afternoon of Nov. 5, 2009, Hasan entered it carrying the pistol and nearly 400 rounds of concealed ammunition.[1] According to the court, he told a civilian data-entry clerk she was needed elsewhere. Once she left, he drew the weapon, yelled "Allahu Akbar!" and began shooting.[1]

The court found that he used speed-reloading techniques, fired at soldiers fleeing through the front and back doors, and walked across the room shooting several soldiers in the back as they sought cover near the cubicles.[1] One witness testified that the gunfire went on "for what felt like an eternity."[1]

Hasan then left the building to pursue soldiers who had fled.[1] Outside, he refused a police order to drop his weapon, and in the exchange of fire a civilian police officer was shot several times. The court found that he stood over the wounded officer and tried to shoot her at point-blank range, but his weapon malfunctioned. Another officer shot him in the chest, and he was taken into custody.[1] He was left paralyzed from the waist down.[1]

### The victims

Thirteen people were killed: 12 soldiers and one civilian.[1][14] They were Michael Grant Cahill, a civilian physician assistant; Maj. Libardo Eduardo Caraveo; Staff Sgt. Justin Michael DeCrow; Capt. John P. Gaffaney; Spc. Frederick Greene; Spc. Jason Dean Hunt; Staff Sgt. Amy Sue Krueger; Pfc. Aaron Thomas Nemelka; Pfc. Michael S. Pearson; Capt. Russell Gilbert Seager; Pfc. Francheska Velez; Lt. Col. Juanita L. Warman; and Pfc. Kham See Xiong.[16] Velez was pregnant, and her unborn child also died.[16][4]

The appellate court counted 31 people wounded. Hasan was convicted of 32 attempted murders because he also fired at a civilian police officer who was not hit.[1]

### Trial and self-representation

Charges were referred to a general court-martial as a capital case on July 6, 2011.[1] Roughly two months before trial, Hasan chose to represent himself, and his detailed defense lawyers stayed on as standby counsel.[1][5] The military judge, Col. Tara Osborn, repeatedly told him the decision was unwise but found his waiver of counsel knowing, intelligent and voluntary.[1][21] An R.C.M. 706 board of psychiatrists, the military's sanity board, had found that he had sufficient mental capacity to understand the proceedings.[5]

Hasan offered to plead guilty. The judge rejected his offers because Article 45(b) of the Uniform Code of Military Justice bars guilty pleas to offenses for which death may be adjudged.[1] He sought to argue that the war in Afghanistan was illegal and that he had acted in defense of others, including Taliban leader Mullah Omar. The military judge ruled that the defense failed as a matter of law.[1]

In his opening statement, Hasan told the panel, "The evidence will clearly show I am the shooter."[1] He said he had been "on the wrong side" of what he called a war on Islam, then "switched sides, and I made mistakes," and he called himself "an imperfect Muslim."[1] He presented no case, cross-examined few witnesses and made no closing argument.[1] On Aug. 23, 2013, the panel convicted him of 13 specifications of premeditated murder and 32 specifications of attempted premeditated murder.[16][1]

### Why the panel chose death

A death sentence required a unanimous vote of the 13-officer panel.[21] The government argued multiple murders as the aggravating factor, and the Army appeals court's opinion connects the capital referral to the factor in R.C.M. 1004(c)(7)(J): that the accused was convicted in the same case of another murder under Article 118.[21][5]

For sentencing, the government called nineteen witnesses, including three survivors and family members of those who were killed, and introduced photographs of the dead.[5] The prosecutor, Col. Michael Mulligan, told the panel that Hasan "should not be punished for his religion, he should be punished for his hate."[8]

Hasan presented no mitigation evidence and made no statement.[5] His standby counsel asked to present mitigation over his objection. The judge denied the motion, saying a self-represented defendant "is the captain of his own ship."[21][5] At his request, the judge instructed the panel to consider as mitigating factors his age, his service record, his awards and medals, his education, and his physical impairment and confinement to a wheelchair.[5]

On Aug. 28, 2013, after deliberating for less than two hours, the panel sentenced him to death, dismissal from the service and forfeiture of all pay and allowances.[8] The Army Court of Criminal Appeals later held that the panel found "the aggravating factor and the aggravation evidence" substantially outweighed the mitigation, so the death sentence was authorized under R.C.M. 1004(b)(4)(C).[5]

### Appeals

Review of a death sentence in the military is mandatory and cannot be waived.[21] On Dec. 11, 2020, the Army Court of Criminal Appeals, sitting en banc, rejected all fourteen of his assigned errors and affirmed.[5] It held that the judge did not err in letting him represent himself at trial and sentencing, and that forcing mitigation evidence on him over his objection would have violated his right to conduct his own defense.[5] It also rejected his challenges to the venue and to two panel members.[5]

The Court of Appeals for the Armed Forces affirmed unanimously on Sept. 6, 2023.[2][20] On Hasan's petition, it granted reconsideration in part on March 4, 2024, vacated that judgment and issued a new decision, again affirming.[3][1] The court held that his waiver of counsel was voluntary and that Article 45(b)'s bar on guilty pleas in capital cases is constitutional.[1] It assumed without deciding that closing a 34-minute hearing to the public was improper, but held that reversal would be a "windfall" and overruled an earlier precedent to the extent it required automatic reversal for such a closure.[1]

Hasan petitioned the U.S. Supreme Court for review, and the Court denied it on March 31, 2025.[7][19]

### The execution order

A military execution cannot proceed until the president "personally, affirmatively" approves the death sentence.[20] President Trump approved Hasan's sentence on Oct. 2, 2026, following a recommendation from Defense Secretary Hegseth.[12][14] Army regulations require the execution to be set no sooner than 60 days and no later than 150 days after approval.[12]

In an order signed Oct. 6, acting Army Secretary Adam Telle set the execution for 1 p.m. on Dec. 3, 2026, at Fort Hood.[14] The Army had earlier disclosed plans to move military death-row prisoners from Fort Leavenworth to the federal prison in Terre Haute, Indiana, for execution.[14] The Army and Pentagon have not said why they chose a firing squad, who will serve on it or what procedure it will follow.[12] Hegseth has said the military has not used a firing squad since World War II.[13] The last military execution was the hanging of Army Pvt. John Bennett at Fort Leavenworth on April 13, 1961.[8][13]

Hegseth said in an interview that the execution would be public, and on Oct. 8 Pentagon officials said it would be livestreamed.[13]

## Personal backstory

### Early life and education

Hasan was born Sept. 8, 1970, in Arlington, Virginia.[22] His parents were immigrants of Palestinian descent.[22][23] He attended Virginia Tech.[22][23] *Accounts of his degree and graduation year differ in the sources reviewed, and nothing about his childhood or family life is in the court record reviewed.*

### Army career

According to the Army Court of Criminal Appeals, Hasan served as an enlisted soldier before serving about ten years as an active-duty officer.[5] He earned a medical degree from the military's Uniformed Services University of the Health Sciences.[22][23] He trained in psychiatry at Walter Reed Army Medical Center beginning in 2003.[22][23] The Army appeals court noted that he completed a four-year psychiatry residency and also held a master's degree in public health.[5] He later held a fellowship at the Uniformed Services University and was promoted to major in May 2009.[23] At the time of the shooting he was a psychiatrist at Darnall Medical Center at Fort Hood.[5]

### Warning signs and official reviews

A 2011 Senate Homeland Security and Governmental Affairs Committee report concluded that Hasan became radicalized to "violent Islamist extremism" during his military medical training, and that the views were visible to his superiors and colleagues.[9] According to the report, an instructor and a colleague each called him a "ticking time bomb," yet no action was taken to discipline or discharge him, and his officer evaluation reports described his interest in extremism as legitimate counterterrorism research.[9] The committee said it did not examine his culpability for the attack.[9]

The report found that an FBI-led Joint Terrorism Task Force flagged Hasan's communications with a suspected terrorist and passed them to a second task force, which did not find all of them, did not notify his chain of command and dismissed the contacts as research.[9] An independent review led by former FBI Director William Webster, as summarized in reporting on its 2012 report, found that Hasan began emailing the cleric Anwar al-Awlaki on Dec. 17, 2008, and that his first message asked whether soldiers who attacked fellow soldiers would be considered martyrs.[24] The commission found that FBI personnel made mistakes, but it did not find intentional misconduct and recommended no discipline. It made 18 recommendations.[10]

### Motive

Hasan has said he carried out the attack to stop soldiers from deploying to Afghanistan and killing fellow Muslims.[12][11] At sentencing, the government told the panel that "the acts of 5 November were religiously motivated."[21]

### Mental health

The R.C.M. 706 sanity board found that he had sufficient mental capacity to understand the proceedings and help in his defense.[5] According to his appellate lawyers' brief, Hasan refused the board's psychological testing, and the board's full report noted suspected "underlying personality pathology" but found "insufficient evidence to diagnose a personality disorder."[6] *No mental-health diagnosis was found by any court in the sources reviewed.*

### Life in custody

Hasan uses a wheelchair.[1] He has been held on military death row at the U.S. Disciplinary Barracks at Fort Leavenworth since his sentencing, one of four men there under military death sentences.[8][12] John Galligan, who has represented him in civil matters, said in October 2026 that he was worried about Hasan's physical health.[13]

*No public statement by Hasan since his trial was found in the sources reviewed.*

## Aggravating circumstances found

- R.C.M. 1004(c)(7)(J): "[T]he accused has been found guilty in the same case of another violation of Article 118" (murder), as the Army Court of Criminal Appeals quotes the rule.

## Where the parties stand

- Government: Pentagon spokesman Sean Parnell wrote that "judgment day for Hasan has finally come."[15] President Trump called Hasan an "evil killer."[15] Asked whether Hasan had made final requests, Hegseth said, "Don't care. We'll see him on Dec. 3."[13] An Army spokeswoman said the Army tried several times to reach defense attorneys before notifying Hasan, and that he has not been kept from contacting counsel.[13]
- Defense: *No statement from Hasan or his appellate counsel in the sources reviewed.* John Galligan, a retired colonel and former military judge who has represented Hasan in civil matters, called the rush to carry out the execution "horrific." He says the Army broke its own regulation by notifying Hasan without a lawyer present, and he has questioned how Hasan, who uses a wheelchair, will be moved to Fort Hood.[12][13]
- Victims' families and survivors: *No statement from victims' families on the execution order in the sources reviewed.* After the 2013 sentence, the daughter of Lt. Col. Juanita Warman said the family was thankful for "the just verdict."[8] Alonzo Lunsford, a former Army sergeant who was shot seven times, says he wants to be in the room for the execution, opposes livestreaming it, and says it "will not be closure for me."[18]

## Timeline

- Nov. 5, 2009: Hasan opens fire at Fort Hood's Soldier Readiness Processing center, killing 13 people.[1]
- July 6, 2011: Charges are referred to a general court-martial as a capital case.[1]
- 2013: About two months before trial, Hasan elects to represent himself.[1]
- Aug. 23, 2013: The panel convicts him on all specifications.[16][8]
- Aug. 28, 2013: The panel sentences him to death.[8]
- Dec. 11, 2020: The Army Court of Criminal Appeals, sitting en banc, affirms the findings and sentence.[5]
- Sept. 6, 2023: The Court of Appeals for the Armed Forces affirms.[2][3]
- March 4, 2024: On partial reconsideration, the court vacates its judgment and issues a new decision, again affirming.[3][1]
- March 31, 2025: The U.S. Supreme Court declines to review the case.[19]
- Oct. 2, 2026: President Trump approves the death sentence.[12][14]
- Oct. 5, 2026: The Pentagon announces the approval and the firing-squad method; Hasan is notified.[11][13]
- Oct. 6, 2026: The acting Army secretary signs the execution order setting Dec. 3 at Fort Hood.[14]
- Oct. 8, 2026: Pentagon officials say the execution will be livestreamed.[13]

## What happens next

The execution is set for 1 p.m. CT on Dec. 3, 2026, at Fort Hood.[14] Legal experts say Hasan can still petition a civilian federal court for habeas corpus, which could delay the execution for years.[12][17] It is unclear whether he will do so.[13] In 2008 a federal judge stayed the scheduled military execution of Army Pvt. Ronald Gray, who remains on death row.[17]

## Sources

1. [United States v. Hasan, No. 21-0193/AR, 84 M.J. 181](https://www.armfor.uscourts.gov/opinions/2023OctTerm/210193.pdf). U.S. Court of Appeals for the Armed Forces, March 4, 2024. (court or official record)
2. [United States v. Hasan, No. 21-0193/AR, 84 M.J. 1 (later vacated on reconsideration)](https://www.armfor.uscourts.gov/newcaaf/opinions/2022OctTerm/210193.pdf). U.S. Court of Appeals for the Armed Forces, Sept. 6, 2023. (court or official record)
3. [Daily Journal, March 2024 (order on reconsideration, U.S. v. Nidal M. Hasan)](https://www.armfor.uscourts.gov/journal/2024Jrnl/2024Mar.htm). U.S. Court of Appeals for the Armed Forces, March 4, 2024. (court or official record)
4. [Digest: Capital Punishment (citing United States v. Hasan, 84 M.J. 181)](https://www.armfor.uscourts.gov/digest/IVC5.htm). U.S. Court of Appeals for the Armed Forces. (court or official record)
5. [United States v. Hasan, ARMY 20130781](https://caselaw.findlaw.com/court/u-s-arm-crt-cri-app/2101720.html). U.S. Army Court of Criminal Appeals (en banc), Dec. 11, 2020. (court or official record)
6. [Brief on Behalf of Appellant, United States v. Hasan, No. 21-0193/AR (redacted)](https://www.armfor.uscourts.gov/newcaaf/briefs/2022Term/Hasan210193AppellantRedactedBrief.pdf). Filed by Hasan's appellate counsel in the U.S. Court of Appeals for the Armed Forces. (court or official record)
7. [Hasan v. United States, No. 23A1043 (capital case)](https://www.supremecourt.gov/docket/docketfiles/html/public/23A1043.html). Supreme Court of the United States, docket. (court or official record)
8. [Fort Hood shooter Hasan sentenced to death](https://www.army.mil/article/110393/Fort_Hood_shooter_Hasan_sentenced_to_death). U.S. Army (Fort Hood Public Affairs and ARNEWS), Aug. 30, 2013. (court or official record)
9. [A Ticking Time Bomb: Counterterrorism Lessons From the U.S. Government's Failure To Prevent the Fort Hood Attack](https://www.hsgac.senate.gov/imo/media/doc/Fort_Hood/FortHoodReport.pdf). U.S. Senate Committee on Homeland Security and Governmental Affairs, Feb. 3, 2011. (court or official record)
10. [Statement of Mark F. Giuliano, FBI, on the Final Report of the William H. Webster Commission](https://www.justice.gov/file/236411/dl). U.S. Department of Justice, Aug. 1, 2012. (court or official record)
11. [Trump approves firing squad execution for Fort Hood shooter Nidal Hasan](https://www.hawaiinewsnow.com/2026/10/06/trump-approves-firing-squad-execution-fort-hood-shooter-nidal-hasan/). Associated Press, Oct. 5, 2026. (news report)
12. [As Army moves to execute Fort Hood shooter, questions about procedure linger](https://abcnews.com/US/wireStory/army-moves-execute-fort-hood-shooter-questions-procedure-137079291). Associated Press, Oct. 7, 2026. (news report)
13. [The firing squad execution of Fort Hood shooter Nidal Malik Hasan will be livestreamed, Pentagon says](https://www.mprnews.org/story/2026/10/08/fort-hood-shooter-nidal-malik-hasan-firing-squad-execution-will-be-livestreamed). Associated Press, Oct. 8, 2026. (news report)
14. [Army sets execution date for Nidal Hasan by firing squad at Fort Hood](https://taskandpurpose.com/news/nidal-hasan-execution/). Task & Purpose, Oct. 7, 2026. (news report)
15. [Fort Hood shooter to face firing squad Dec. 3 after execution date is set](https://wjla.com/news/nation-world/fort-hood-shooter-army-major-nidal-malik-hasan-to-face-firing-squad-december-3-after-execution-date-is-set-2009-attack-medical-building-13-killed-allahu-akbar-president-donald-trump). The National News Desk, Oct. 8, 2026. (news report)
16. [Secretary of the Army confirms Nidal Hasan's execution date set for Dec. 3 at Fort Hood](https://www.kwtx.com/2026/10/06/trump-approves-death-by-firing-squad-fort-hood-mass-shooter-nidal-hasan/). KWTX, Oct. 5, 2026. (news report)
17. ['Very likely we will see continued delay': Legal challenges may stall Hasan's execution](https://www.kwtx.com/2026/10/07/very-likely-we-will-see-continued-delay-legal-challenges-may-stall-hasans-execution/). KWTX, Oct. 6, 2026. (news report)
18. [Fort Hood survivor wants to face Nidal Hasan at execution, opposes public livestream](https://www.cbsnews.com/texas/news/fort-hood-shooting-survivor-nidal-hasan-execution-livestream-october-2026/). CBS News Texas, Oct. 9, 2026. (news report)
19. [U.S. Supreme Court denies petition filed by Nidal Hasan, infamous Fort Hood mass murderer](https://kdhnews.com/military/u-s-supreme-court-denies-petition-filed-by-nidal-hasan-infamous-fort-hood-mass-murderer/article_7913088b-71d9-4d52-bc66-381d49240ea4.html). Killeen Daily Herald, April 7, 2025. (news report)
20. [Death penalty upheld for soldier who killed 13 in base shooting](https://www.militarytimes.com/news/your-military/2023/09/11/death-penalty-upheld-for-soldier-who-killed-13-in-base-shooting). Military Times, Sept. 11, 2023. (news report)
21. [Fort Hood shooter sentenced to death; lengthy appeals ahead](https://www.cbsnews.com/news/fort-hood-shooter-sentenced-to-death-lengthy-appeals-ahead/). CBS News, Aug. 28, 2013. (news report)
22. [Hasan's Story Won't Be Easy To Sort Out](https://www.npr.org/2009/11/06/120183526/hasans-story-wont-be-easy-to-sort-out). NPR, Nov. 6, 2009. (news report)
23. [Maj. Nidal Malik Hasan, defendant](https://kdhnews.com/military/hasan_trial/legal_bios/maj-nidal-malik-hasan---defendant/article_4836d928-f078-11e2-add0-001a4bcf6878.html). Killeen Daily Herald, 2013. (news report)
24. [Report highlights emails from Fort Hood shooter to al Qaeda cleric](https://www.longwarjournal.org/?p=57332). FDD's Long War Journal, July 20, 2012. (news report)