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Subscribe to RSSOn the third anniversary of the Fort Hood rampage, 148 victims and family members sued the government Monday for compensation for the attack that authorities say was carried out by an Army psychiatrist.
The shooting at the Army base in Texas killed 13 people and wounded more than two dozen others.
The lawsuit alleging negligence by the government said that the Defense Department is avoiding legal and financial responsibility for the killings by referring to the shootings as "workplace violence" rather than as a terrorist attack.
The group also is suing the estate of Anwar al-Awlaki, a U.S.-born Islamic cleric who the victims say inspired the Army psychiatrist, Maj. Nidal Hasan, to carry out the attack. The two men exchanged emails before the shootings.
A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department.
Al-Awlaki was killed in Yemen last year by a U.S. drone strike.
Hasan is awaiting trial and could face the death penalty if convicted.
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The victims and families said the U.S. military knew four years before the Nov. 5, 2009, mass-shooting that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence.
The lawsuit attributed the government's alleged inaction to elevating "political correctness" over national security.
The lawsuit seeks unspecified compensatory and punitive damages. Last year, 83 of the victims and family members filed administrative claims that sought $750 million in compensation from the Army. Neal Sher, an attorney for the victims, said the government has "ignored these claims and under the law we really have been left with no choice" but to sue.
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In a conference call with reporters, former Staff Sgt. Shawn N. Manning, who was shot six times by Hasan, said that the terrorism designation sought by the victims would cover the cost of the medical services that he requires. The designation would mean that the wounds the victims suffered qualify as combat-related, resulting in "a huge difference in benefits," said Manning, who was medically discharged from the military about a month ago.
Manning and Sher spoke during a telephone conference call that linked lawsuit participants from several locations.
The Associated Press and Reuters contributed to this report.
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Leave a Comment:
And they deserve every penny.
They do indeed, but you and I both know they will very likely never see a penny and probably will never see the inside of a courtroom in this case.. This is the US Government we are talking about and, while we all know this should be classified as a 'terrorist attack', the Army will make sure it is classified as anything but.. I wish these people good luck but I consider it a hopeless endeavor..
Typcial for this adminstration. Wait a minute:
Now we know why.
Heck, the DOJ has been told not to enforce DOMA, the DHS has been told not to enforce immigration laws, and now the DOD is not going to call this a "TERRORIST" attack.
Time for this administration to pack their bags on 7 January 2013 because they will ALL BE OUT OF A JOB.
Ido
"A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department."
Who was in office then?
"The victims and families said the U.S. military knew four years before the Nov. 5, 2009, mass-shooting that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence."
Who was in office then?
If the govt considered al-Awlaki as a terrorist (which they must have cause they killed him without a trial) then a co-hort of his should ALSO be considered a terrorist.
I hope one of the attorney's pick up on this.
The military should not be used as a test bed for political correctness period. Anything that reduces the effectiveness of the armed forces is just plain stupid and very, very dangerous.
But on the brighter side libs this is what one of your beloved leaders said about our military:
"Look at how much stronger the American military is because it is less racist, less sexist and less homophobic and we’re just looking for people who can do the job," said Clinton.
I guess you can't really expect much else from a pervert.
I am not surprised, if the president is muslim, then the government won't call an act of terrorism performed by a muslim as such, welcome to sharia law.
Get used to it if the prez is reelected.
Three years and the Army can't even get this terrorist's beard shaved off - - Political Correctness at its best!!!!
The president is no muslim and Romney doesn't have 25 wives, fall in line with the truth. The president sure knew how to get rid of the no. 1 Muslim though, didn't he? Bush II just procrastinated long enough with his Saudi friends to get out of office and not have to offend them by killing on of their own. Obama could care less what the Muslim state of Saudi Arabia thought about killing one of its citizens.
They should sue. Why is the usa so so PC/scared they might amend someone. I could tell this guy was a Terrorist by name alone. if we offend him he should look at his OWN kind nit us. Deport them all and for GOD sake don't let/trust any more here.
I guess by your name you must be a member of the KKK.
Let's get this guy a phone book, assuming he can read, and he can single handedly get rid of half of the FBI.
@ Iam Whiteman:
I honestly cannot believe there are so many ethnocentric idiots in this country; or that anybody voted up your ridiculously backwards and stupid commentary.
Hey dude, coming from a 12th generation Scottish American who was raised in rural Louisiana on 200 acres of farmland that has been in my family since the 1800's, you and your bigotry make me sick.
I made an Iranian friend a few weeks ago; you should try it, you might realize the problem is not with their names but with the minority of religious nutjobs who seize control over their countries. Sound familiar?
People like "whiteman" are part of the problem and as long as they have any power in America, it will only get worse.
Vote Obama tomorrow if you haven't voted already.
Sorry I meant Offend.
I agree, they deserve every penny.
THE United States of AMERICA, IS NOT PROTECTING ITS US MILITARY AND THE CIVILIANS.
THE REPUBLICANS ARE AT FAULT.
God Bless The US Military.
Bill -
Where do you get that this is the fault of republicans?
Obama is the one who refuses to say that radical muslims are terrorists. It is the democrats who have carried the PC nonsense to a point that it becomes a crime to state what is on your mind.
Oh, and FYI, the attack happened while Obama was President with a democrat-controlled House and Senate.
Personally, I think you need psychiatric help for your obsessive disorder.
It the damn Socialist Libtards
Tammy-311614...(#4.1)...Bill, "Personally, I think you need psychiatric help for your obsessive disorder."
Maj. Nidal Hasan is a psychiatrist....looking for patients...The Army is still paying him....I wonder if they could fit a couch for Bill in Nidal's cell ????
tammy
"A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department."
Who was in office then?
"The victims and families said the U.S. military knew four years before the Nov. 5, 2009, mass-shooting that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence."
Who was in office then?
This was absolutely nothing other than a terrorist attack by a muslim that just happened to be employed our Army as a Major... the military must do a better job when hiring someone who is by name alone equates to the same people type that we are fighting... during WWII, we interned all Japanese into guarded camps, none were employed by our military...
His name does not tell me that he is Irish... if you want to hire someone that has the same language background as the terrorists we are fighting, why the heck would you not fall back on Rosetta Stone software... don't hire someone that could be 50-50 a terrorist...
Shave this bastard already and get on with the trial... it has been 3 years already - what is the military court waiting for? What he did does not equate to life in prison without parole - death by any means is what he deserves... this is an open and closed case...
Don't be afraid to offend the muslim world with this trial and prosecution... he murdered true Americans - and the rest of us here in the US are extremely offended that he did this cowardly act as part of our military from the start...
The families have suffered enough and should sue.
As a veteran, I am sorry for what happened and I am angered at this man who betrayed the trust of his fellow soldiers, but I agree with the DOD on this one. This was a WORKPLACE shooting. Why?
Very simple, The man who did this was an AMERICAN SOLDIER. No matter the man's religion or his intentions, he was a soldier who shot his fellow soldiers. Please ask any family of an American Soldier, Marine, Airman, or Seamen whose family member was killed by a fellow AMERICAN in or out of a combat zone. Were their deaths classified as a combat death? NO. Those are classified as "Workplace Shootings." Like it or not, that is what happens. To say just because this man was a muslim, that it changes the facts, sorry it does not.
This is my opinion and as an American and a VETERAN I am entitled to it. Also past precedence backs up my opinion.
pete15, for you info many Japanese-Americans wore US uniforms & fought for their country, the USA even after their families were force into so called camps. It is ridiculous to say they were not employee by the US Government.
As for this case, it could have been avoid if our goverenment agencies weren't run by egotistic maniacs who thing they know it all. Maybe if the case goes forth it will encourage the different agencies to share vital info such as a US Muslim major was in communication with a known terrorist leader before the traitor had the chance to take American lives. The man should have been isolated from all military bases. But of course, we can't profile.
Let's get this guy a phone book, assuming he can read, and he can single handedly get rid of half of the FBI.
You and Iam White should get together over a beer somewhere. I am guessing Alabama might be okay for both of you. Not too many towelheads in Alabama!
FrankG912,
You may be correct, I'm not a legal expert. But the fact remains this man was a terrorist, with "known ties" to another terrorist! He didn't kill and wound his fellow workers as a disgruntled employee, he did it as a terrorist! And the fact that the F.B.I. did not inform the military about his communications with a known radical muslim, puts the government in a very bad position. If the government can, and does get out of this with the "you can't sue the government without it's permission". It will only further erode the the confidence the people of this country, and others once had in it. Look at the record, the guy who helped us get Bin Laden is rotting in a Pakistani prison for doing so, we put the agent who gave us intel on the new improved underwear bomb in jeopardy with leaks to the press, just as we did with the story about the cyber attack on Iran's nuclear program. All for the sake of "politics" taking precedence over our national security, and morals!
Ohh, ohh! Let's not offend our muslim colleagues!
I hope they get every penny.
I agree, the other guy who is not a muslim but shot a bunch of them in Afghanistan is already looking at the death penalty.
Sharia law: soon coming to a place near you.
The military does it best to screen each and every applicant (I am a 25-year retired military veteran).
But you can't see deep into someone's soul and psyce, so therefore people slip through the cracks just like they do in every other profession--teacher, pastor, police officer, etc.
The federal government has laws that protect them from lawsuits by federal employees (here military members). It makes little difference that they are now veterans as they were active duty when the incident occurred, therefore they will receive nothing in a lawsuit, hence the reason the Army has done nothing with prior claims for compensation--THEY DON'T HAVE TO UNDER THE LAW.
For any injuries that occurred on active duty, regardless of how, they follow the process just like every other veteran and file claims of disability with the VA. Anything that occurred while in uniform and is well documented and provable is considered to be service-connected. If they indeed suffered injuries while in uniform on a military base, there is NO WAY they are not being compensated by the VA regardless of whether it was deemed workplace violence or a terrorist attack.
In addition, they are also eligible to apply for SSD, etc.
The person at fault for this tragedy is in jail and awaiting trial. The US Army is NOT AT FAULT for one person's actions--only that person is.
Due to the laws in place that protect federal agencies from lawsuits, this will go nowhere, just as it already has gone - nowhere.
As a Veteran, I totally agree!
ARE YOU SERIOUS?!the army knew what this a$$bag was up to ! knew he was a threat and kept him in hell they promored his sorry a$$!! he was not only aterrorist but a traitor to his country!! his was in contact with terrorist organizations! he veiwed us as the enemy!!this was an act of terrorism BOTTOM PHUCKING LINE!!!you are EXTREMELY NAIVE OR JUST PLAIN DUMB!!!
Actually as a veteran you should know the feres doctrine has been challenged several times in similar cases and won, sorry, it's in case law, get the facts. He was a terrorist and to believe just become he is from US that he could not be a terrorist is ignorant... that political correctness is what killed theses soldiers in the first place. Maybe you should ask why Obama sent a drone to kill our #1 terrorist, also a US citizen, Anwar Al Awaki, whom was encouraging Hasan for his Jihad.
Kimbo 47, what you say makes perfect sense, up to a point.
The problem will be if the records being made available happen to reveal that several individuals reported problems of a significant nature, and if those incidents were recorded, but subsequently not taken seriously, it could be determined that "the ball was dropped".
Alternately, if someone decided that keeping the guy in the army meant that he could be tracked and that any contacts he was making could be further traced, and all this was beneficial...so despite his actions and words that were very odd at best, he was kept on in his position...then someone took a risk, and others would have had to ok that risk, I would think.
But this is probably some new ground for the military lawyers, so will take quite a while to process.
I would be careful what you are saying, blasphemy against the Muslim religion is frowned upon in this country moreso than when Muslims kill innocent American citizens... Why are we so afraid to offend/ prosecute people that make it public knowledge that they hate us, and they want to kill us? Am I missing something?
Good question to ask the powers to be, you know the ones, they are those who are giving billions of US tax payers dollars to the enemy.
It was a terrorist attack.
Once again, Obama is on the wrong side of history.
This was a terrorist act.
Obama shows his disdain for the military every day.
No, it was not terrorism. Terrorism is defined by US law as "violence deliberately aimed at civilians in order to pressure a people or government." Shooting soldiers is not terrorism since they are not civilians. It's still illegal and he's going to face punishment, but can we stop throwing the word incorrectly around?
It was a muslim who shot Americans in the name of Allah.
Yes, it was terrorism.
Take there Sorry Asses to the cleaner's!
Sue, sue, sue, sue anyone available for everything that happens.
Will any amount of money make up for the loss of their loved ones? If so, I don't want to know these people.
As a veteran, I am sorry for what happened and I am angered at this man who betrayed the trust of his fellow soldiers, but I agree with the DOD on this one. This was a WORKPLACE shooting. Why?
Very simple, The man who did this was an AMERICAN SOLDIER. No matter the man's religion or his intentions, he was a soldier who shot his fellow soldiers. Please ask any family of an American Soldier, Marine, Airman, or Seamen whose family member was killed by a fellow AMERICAN in or out of a combat zone. Were their deaths classified as a combat death? NO. Those are classified as "Workplace Shootings." Like it or not, that is what happens. To say just because this man was a muslim, that it changes the facts, sorry it does not. My opinion and as an American and a VETERAN I am entitled to it and also past precedence backs up my opinion.
My guess is that in all other cases the American soldier killing other American soldiers weren't yelling 'Allahu Akbar' while doing so.
As long as they take him to Kansas and hang him, they can call it a pillow fight as far as I'm concerned.
It's time to quit all this P/C BS, and call it what it was a Terrorist Act. Let the wounded Military people get the benefits that would get as a " Terrorist Act " instead of the P/C version where they get severely limited benefits. The Obama Administrations world view is severely lacking when it comes to sticking up for the US Military. As we have seen with Benghazi. Obama "Doesn't Have Your 6 " so don't expect any help. Military Voters got a Wake Up call on Sept. 11th 2012, and I'm sure they will be voting accordingly tomorrow.
Then get out and vote Obama OUT of office.
Its better to have President Obama in office rather than his opponent. The republican party has been the origin of the problems the Nation faces today. The problem causers will NEVER be the problem solvers. The last thing this country needs is more government by secrecy or to follow the example of 1930s Nazi Germany. That is all the republicons have to offer- fascism and a not so slow road to tyranny. Elect them and you'll find yourself being the enemy of the government and the target of secret police like those of the Dept of Homeland Security. You'll be called hostile and unAmerican if you insist on exercising your Constitutional rights. On top of that, the republicons have partnered themselves with the fundamentalist christian movement, the American version of religious extremism. The last thing we need is people of that ilk calling the shots or making the policies of the US.
Actually, I detest having only President Obama and the democrats as an alternative, but I'll vote for the President a hundred times before casting a single vote for the republicon candidate and allowing the corporatocracy to raid the Treasury again. We could have had "REAL" Change 4 years ago if it hadn't been for republicon obstruction and interference at every step.
Are you a paid troll, or just a self-seeking one? In either case your statement is totally irrational.
And you wonder why the majority of the military doesn't want Obama as commander in chief...
terry
How? There was no military at benghazi.
Another Text book example of the System and the Army failing it's soldier's.
I wish them luck, but if our muslim-friendly administration is re-elected, they'll find themselves on the outside looking in.
Everyone that reads this needs to contact their Congressman and Senator and let them know that you support the change from "work place violence" to victims of a terrorist attack. The US government is wholly culpable for this due to political correctness taken to new levels of Islamic insanity.
I agree if it was one of there own kids or family member's they would have brought the gallows or electric chair to the court house.
It would do no good where I live, my congressman is a democrat, and you they don't give a damn about the military...
Very True!
Operation Restore Hope Gothic Serpent cleary showed that.
Good for them.
they need to get every penny they ask for ,an apology from barack HUSSIEN obama,and front row seats to this piece of human debris' execution!!
str
Why?
"A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department."
Who was in office then?
"The victims and families said the U.S. military knew four years before the Nov. 5, 2009, mass-shooting that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence."
Who was in office then?
Muslims should be banned from the USA. Moderates will not fight back and eventually give in to the radicals. All muslims are potential terrorists. Sharia law is antithetical to the US Constitution. It would be fine if they kept their own religion to themselves but it is forced on people. People blaspheme Christ every day and it is not polite but no one dies. Paint a crude picture of their so called prophet and they kill you. They are barbaric and stupid. Hassan should be forced to shave, convicted and shot publicly. His victims should get lifetime medical care and $2 million each with honorable discharges if wanted. End of story.
I Agree one hundred and ten percent. But as we sit here and type Muslims are streaming into our country at ever increasing numbers. The government is just creating a bigger and bigger problem for us all someday.
paul
hmmm, sounds like what the republican should do.
Calling it "Work Place" Violence is Absurd. That Muslim was yelling Allah Akbar from what I read and the Government is calling it work place violence??? Give us all a break. When is our government going to Stop kissing the rear ends of these Muslims? This is carrying 'Political Correctness" a little too Damned far. Vote for Romney to end this Farce.
They still are afraid to shave this guy because of what other Muslims might think. The beard he has is holding up the trial, can you believe it?? Nuts, simply Nuts. Our government thinks more of this Muslim than they do of the soldiers that were Murdered. He can murder over a Dozen soldiers but we can't have his BEARD shaved. Unbelievable, Truly Unbelievable.
If anyone deserves to be sued, it's Repugnicans. Their continued pushing to cut military benefits and programs for veterans has resulted in lacking medical care for soldiers. This is how Repugnicans reward those who lay their lives on the line for America.
I think your name says a lot about who you are, and why we should ignore anything you say. You are also in contradiction to the facts about how Obama and his minions treat the military and veterans.
charles
Why don't you tell us how they treat them compared to the repugs.
Hey Al; have a clue will you? This happened under BHO's watch. Can't blame "W" or any other Republican for this one, this is all on you liberal-loving, terrorist pandering, clueless, Democraps.
5th
"A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department."
Who was in office then?
"The victims and families said the U.S. military knew four years before the Nov. 5, 2009, mass-shooting that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence."
Who was in office then?
Here is a hint for you. obama wasn't even elected yet.
Pete, you had better study your history better before you take on the Japanese Americans in WWII. For starters, Google the 442nd (Go For Broke) Infantry Regiment or Regimental Combat Team--the most decorated unit of its size (and probably larger) in the history of the US Army. I went to high school with men who were born in those camps. There was not a single verified instance of sabotage during the war by the Japanese Americans.
Seeing as how the bastard Hassan was in contact with and getting spiritual direction from a terrorist before he performed his attack, I would say that that qualifies him as a terrorist recruit at the very least. It was the workplace violence of a terrorist attack by a convert to radical islamic theology.
That being said, the victims and their families are entitled to do the same as every other soldier/soldier's family and apply for help from the VA. I don't see how they're entitled to payment of millions of dollars if our combat soldiers aren't. One of the reasons the VA exists is because of the help that military families need after their soldiers get killed, wounded, injured or ill. The VA can provide anything they NEED from a yearly flu shot to paying for college for disabled veteran's children. These people are looking for a huge payoff, something no other family gets if their loved one is killed fighting terrorism. Let them sue Al Whatsizname's estate or impounded monies but use the VA like anyone else.
Lets keep in mind that we're at war with terrorist scum and it is unreasonable to expect that our enemies just stand still and not fight back any way they think they can. Hassan was the weakest link and they succeeded in using him.