With Joe Lieberman’s premature call yesterday for Homeland Security Committee hearings on the motives of Nidal Hasan in the Fort Hood shootings, it is clear that anti-Muslim hysteria is being fanned. Here are some phrases [for context watch the video above] taken from the transcript:

he had turned to Islamist extremism….the most destructive terrorist act to be committed on American soil since 9/11…this is not the first attempt by Islamist extremists to strike at American military bases…the statements that he was making which really could lead people to believe that Dr. Hasan had become an Islamist extremist…there’s concern from what we know now about Hasan that, in fact, that’s exactly what he was, a self-radicalized home-grown terrorist…the U.S. Army has to have zero tolerance

Had this horrible tragedy occurred while George W. Bush and Dick Cheney were still in office, I have no doubt that Cheney would have pushed very hard for Bush to declare Hasan an illegal enemy combatant so that he could be held without charges and subjected to torture. This torture would, in time, produce a confession of an al Qaeda connection by Hasan and he likely would implicate many other people with additional plots. Because they were produced under torture, however, such statements would forever be tainted by the known tendency of torture victims to make false confessions in an attempt to stop the torture.

The outcome of such a course of action would be catastrophic. The use of torture would destroy the chances of understanding whether Hasan truly had terrorist motivations or came to carry out the shootings through mental instability induced by many years of counseling military personnel struggling with PTSD. Further, torturing Hasan would serve as a catalyzing event to radicalize many new "home-grown terrorists" as well as new terrorists abroad who would see Hasan’s torture as yet another act in what they perceive as the US war on Islam.

I think that it is urgent that the government take several immediate steps to prevent the appearance of torture or a coerced confession from Hasan.

First, as soon as Hasan is healthy enough to interact with people beyond those involved in medical care of his wounds, he needs to undergo a thorough mental health evaluation by a team of mental health professionals who are completely independent of the government and the military. Blood samples should be drawn regularly so that a record of any pyschoactive medications in his system will be documented. The object of the evaluation should be to determine whether Hasan’s acts were calculated or a result of mental illness.

Second, any charges to be filed against Hasan should be in the federal criminal justice system rather than through the Uniform Code of Military Justice. Because this case has very high visibility and extreme importance both in the US and internationally, prosecution under UCMJ could create the appearance of a conflict of interest where the military would be seen as carrying out a simple act of revenge. Citizens of the US and international observers understand the criminal justice system and would place a much higher level of trust in any verdict rendered in federal court.

Consider for a moment the well-known Miranda warning, which was ridiculed by the neocons when they implemented torture of detainees in the war on terror. A key sentence in the warning is "You have the right to speak to an attorney, and to have an attorney present during any questioning." If we are to avoid the appearance of a coerced confession, this is a key right that must be retained by Hasan. The presence of an attorney during all questioning is the best method of assuring that Hasan is not tortured or coerced. The history of our government in its recent treatment of Muslim prisoners accused of terrorist acts is horrific and this simple step would be of huge significance in Hasan’s case.

If Hasan is sane and did carry out his attack deliberately, putting these safeguards of due process into place will not prevent him being convicted and sentenced. However, if the safeguards are ignored and Hasan is tortured and then convicted in front of a military commission or UCMJ court proceeding, there always will be questions of whether the process arrived at the truth. Those questions will fuel an increased level of terror activity both inside the United States and in the countries where our troops are stationed.

The world is watching. Will Hasan receive due process or will he be tortured?

Update: See this post from Marcy on how "Lieberman will use this case to advocate for expanded authorities under the PATRIOT Act".