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There is new fallout from the Fort Hood Rampage in Texas you may have heard the victims and families have been fighting do.
Get the attack classified as terrorism is set of workplace violence.
I would make him eligible for certain benefits and metals like a purple heart but for now it appears the Pentagon has not budging.
Saying it does not want to make a change while the accused gunman is still facing a court martial and that survivors are quote eligible for the same medical benefits.
As any service member what about all this Sculley stimson served as deputy assistant secretary of defense for.
Detainee affairs under president George W.
Bush is now a senior legal fellow.
With The Heritage Foundation and Kelly welcome back here.
-- -- pretty stand on this.
-- there's ongoing litigation court martial against this on right now you can certainly feel for the sergeants and others who were injured in this.
And what do you think it should be characterized as a terrorist attack or workplace violence is legally irrelevant right now you don't want to insert.
Legal uncertainty in a capital case while the case is going on a trial.
Because it could create an appellate issue and you wanna try this case once and once only so -- year -- OK with the workplace violence classification that.
I'm saying that bill what I said is that you don't want to inject legal uncertainty.
In a capital case we've done less than fifty capital cases in the military justice system.
And we have a high eight over turner overturn a conviction rate.
And so you want to try -- case once and do it well.
And by changing it it could be classified.
As unlawful -- so you get.
I see so you're doing right now don't change the class of the cat and -- and look at George let all the Pentagon spokesman's words he said.
At this time.
It's not appropriate and so -- take that as pentagon speak to me.
After the -- There are really good and here you have got these victims -- -- -- with their wounds for the rest of their lies -- -- ads and their families and their friends and and I listen it's changing lives forever but come back to the original point November 2009.
Why workplace shooting in the first place well I mean does that.
The -- you know your colleague Catherine Herridge -- work on this is great her book should be read by everybody you can make up your own decision.
As a non legal matter whether or not.
Office songs contact contact with and while -- -- and others.
Should properly classify him as a terrorist or domestic terrorist.
Now is not the time.
To reach each there are changed that the classification because it would upset potentially.
And inject uncertainty legal uncertainty you don't want to process legal -- but that's a hard thing for these victims understood absolutely it's not with them in the state of Washington and it.
I mean -- -- really going through a very tough time and that they feel the way they feel because they think -- government has not fought for them.
As I've gotten their backs on -- I'm sure the majority of Americans feels exactly the way they did I mean these are people who wore the uniform of our country like me and many others.
And they were injured in an attack that they think is a terrorist attack everyone gets that.
And and I think there will come a time when the court marshals over.
That there need to be hearings and they can really press this claim.
And apply political pressure here -- Australia later in 2012 right now who knows how long this trial could either be postponed -- once it gets going how long it'll last a yeah.
Stay right now -- give me five years down the road.
From the moment when that -- -- one.
Son stood there yelling -- barge and shooting are those folks at Fort Hood.
Definitely is a toll and the taste in your mouth and bill.
You know Kelly they make the argument that the eligibility for you know medical leave for medical assistance -- is is no different now -- it would be.
Editing -- classified as terrorism.
Is that the case are these people get ripped off right now.
But you got -- divide this very thinly.
They are military members or our former military members who were.
Let out on it disability.
They will be entitled to -- the same benefits anybody else -- the terms of medical benefits current you know going to the doctor.
Getting free care because that's part of their package to sign up for the military.
In terms of collateral benefits I think their claims are valid.
And I think with respect to the request for purple hearts or other medals that -- need to be delayed simply because of the first point in May which is the legal uncertainty that's because.
Ali thank you -- and send -- thanks for coming in on this a wanna bring in Sargent Alonzo loans for.
He was shot six times that day was that shooting be declared an act of terrorism is with me by telephone sergeant good morning to you.
We were just talking the Carly about the classification legally is a difficult thing to do right now how does that make you feel.
The corporate it -- To change -- to an act of terrorism.
Well our current group prepare because of all of our current bear or supporting -- spirit spirit it is what it is.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- You understand I know this is little compensation do you sergeant.
But the the point -- was making there is that in the middle of the legal proceeding.
-- reclassify it wouldn't.
What perhaps -- the trial a whole different direction even folks like you would not be happy with and I know that that does not make you feel much better but.
You believe when you were on the floor in Fort Hood.
That there was no question about what you heard in November of 2009.
In what was that from now.
It is probable walked -- Aren't as great error report brought -- our.
And the trouble is it a great spirit it -- And -- not -- So.
-- -- -- prospect.
-- -- -- -- when they classify this as workplace violence in the beginning.
What did you in the other victims who survive things about.
Out of ball.
-- in our view -- -- ordered a while ago on the -- what are.
It is definitely not corporate -- It would our European pink -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Pretty he should -- that we Walt -- And just in appear to post it and even remainder -- this -- -- it is the way or Obama.
Do you think your government has your back -- the Pentagon does the military.
Does the army.
-- -- -- The park your spot.
Market street or all -- a -- that are buried -- Where is it spirit policy but -- it be recorded all of -- -- Sergeant -- -- justice.
Thank you -- amongst your shot six times on post in Fort Hood November 2000 thank you.
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