The Pentagon plans to livestream the Fort Hood shooter's execution. Here's what we know and what's legal

The Pentagon says it will livestream the execution of Nidal Malik Hasan, the former Army psychiatrist convicted of the 2009 mass shooting at Fort Hood, Texas. According to Al Jazeera, it would be the first livestreamed execution in U.S. history and the first public execution in the country in 90 years.

Defense Secretary Pete Hegseth said the firing squad execution will take place at Fort Hood on Dec. 3, according to the Associated Press. The Pentagon later said it will be livestreamed and that more details will follow.

## What happened

Hasan was convicted in 2013 of killing 13 people and wounding 32 others when he opened fire on Nov. 5, 2009, in a medical building at Fort Hood, where soldiers were getting immunizations and deployment clearance, according to AP. He was sentenced to death.

Pentagon spokesperson Sean Parnell said Monday that President Donald Trump approved the execution, AP reported. Al Jazeera reports that acting Army Secretary Adam Telle set the time for 1 p.m. local time.

In an interview with Real America's Voice, Hegseth said people will be able to watch and that the execution will be "public," AP reported. Asked whether Hasan had made any final requests, he replied, "Don't care."

## Why it would be a first

According to Al Jazeera, the last public execution in the United States was the hanging of Rainey Bethea in Owensboro, Kentucky, on Aug. 14, 1936. Al Jazeera reports that livestreaming an execution would be a first for the U.S.

The military also hasn't carried out an execution in decades. AP reports that the last one was the hanging of Army Pvt. John Bennett on April 13, 1961. Hegseth said the military hasn't used a firing squad on a servicemember since World War II.

## The case for and against

Hegseth has said a public execution would deter future attacks, according to Al Jazeera.

Critics say it crosses a line. Sen. Chris Murphy, a Connecticut Democrat, called the plan "disgusting" and compared it to public executions carried out by the Islamic State group, Al Jazeera reported. Human rights lawyer Clive Stafford Smith called it "barbaric" and told Al Jazeera he expects legal challenges and possibly a fight in Congress. He also argued that broadcasting the execution could make Hasan a martyr to some.

AP noted that Trump has criticized public executions abroad, including in Iran.

## The legal questions

There is no single federal law that says who may witness an execution, according to Al Jazeera. Death penalty states usually bar minors from attending, and the Army's own rules also bar minors from witnessing executions. A livestream open to anyone online would not have that kind of age check.

Stafford Smith argued that broadcasting it could break U.S. laws against sending obscene or graphic material, especially to minors. That is his legal view, and no court has ruled on the question.

Some legal experts also point to the International Covenant on Civil and Political Rights, a treaty the U.S. ratified in 1992 with reservations. It bans cruel, inhuman or degrading punishment, and those experts argue a public execution could violate it, according to Al Jazeera.

## What happens next

The Dec. 3 date may not hold. Military law experts told AP that Hasan could challenge the execution by filing a habeas corpus petition in civilian federal court, which could delay it significantly. Eugene Fidell, who teaches military law at Yale Law School, told AP the process "frankly might outlast the current administration."

The Pentagon has not yet said how the livestream would work, who could watch it, or whether there would be any age restrictions. Stafford Smith told Al Jazeera he expects court challenges before then.