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FBI reassessing past look at Fort Hood suspect
(Agencies)
Updated: 2009-11-10 20:46

A law enforcement official said the communications consisted primarily of Hasan posing questions to the imam as a spiritual leader or adviser, and the imam did respond to at least some of those messages.

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No formal investigation was ever opened based on the contacts, the officials said.

They said the decision to bring military charges instead of civilian criminal charges against Hasan did not mean it wasn't a terrorism case. But it is likely authorities would have had more reason to take the case to federal court if they had found evidence Hasan acted with the support or training of a terrorist group.

Investigators tried to interview Hasan on Sunday at the military hospital where he is being held, but he refused to answer and requested a lawyer, the officials said.

On Monday afternoon, Hasan's new civilian and military attorneys met him for about half an hour at Brooke Army Medical Center in San Antonio, said retired Col. John P. Galligan, who was hired by Hasan's family.

Galligan said Hasan asked for an attorney even though he is on sedatives and his condition is guarded.

"Given his medical condition, that's the smart move," Galligan told The Associated Press on Monday night. "Nobody from law enforcement will be questioning him."

Galligan said both he and Maj. Christopher E. Martin, Fort Hood's senior defense attorney, met Hasan. Galligan questioned whether Hasan can get a fair trial at Fort Hood, given Obama's visit to the base and public comments by the post commander, Lt. Gen. Robert Cone. Galligan also said he plans to raise the issue of Hasan's mental condition.

The most serious charge in military court is premeditated murder, which carries the death penalty.

The Army has not yet appointed a lead prosecutor in the case, said Fort Hood spokesman Tyler Broadway.

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