Hasan v. Gross
2012 CAAF LEXIS 1290
C.A.A.F.2012Background
- Appellant Hasan seeks interlocutory relief before his court-martial.
- Appellant challenges a military judge order requiring forcible shaving of his beard under RFRA and seeks mandamus/removal of the judge.
- The beard issue arose after a June 2012 request for a religious accommodation to keep a beard was denied.
- The military judge treated the beard as a disruption and ordered shaving; he also removed Hasan from the courtroom and held him in contempt.
- CCA denial of relief and the stay pending petition led to this Court’s grant of relief on mandamus/prohibition based on appearance of bias.
- Judge’s presence at Fort Hood on the day of the shooting and related conduct contributed to the appearance of bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus/prohibition proper to remove judge and halt beard order | Hasan argues appearance of bias and need for independent adjudication | Gross contends no appearance of bias or adequate remedies exist | Yes; removal ordered for appearance of bias |
| Whether beard-related conduct disrupted proceedings or warranted removal | Beard did not materially disrupt proceedings | Judge found disruption and removal necessary | Record lacked sufficient evidence that beard materially interfered with proceedings |
| Whether RFRA applies to beard enforcement in this context | RFRA could constrain beard enforcement | RFRA applicability unresolved; relief granted on bias grounds | Not decided on RFRA applicability; relief grounded in appearance of bias |
Key Cases Cited
- United States v. Martinez, 70 M.J. 154 (C.A.A.F. 2011) (appearance of bias and mandamus standards in military context)
- United States v. Quintanilla, 56 M.J. 37 (C.A.A.F. 2001) (appearance of bias and recusal governing military judges)
- United States v. Wright, 52 M.J. 136 (C.A.A.F. 1999) (impartiality standards for military judges must be satisfied)
- United States v. Kincheloe, 14 M.J. 40 (C.M.A. 1982) (appearance of bias standard for military judges)
- Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847 (1988) (public confidence in judicial process; appearance vs. reality of bias)
- Liteky v. United States, 510 U.S. 540 (1994) (appearance of bias governs impartiality analyses in civil and military contexts)
- Cheney v. United States Dist. Court for D.C., 542 U.S. 367 (2004) (mandamus standards; extra-judicial relief)