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Judge Will Not Let Fort Hood Suspect Use Defense He Was Protecting Taliban

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In this photo released by the Bell County Sheriff's Office, U.S. Maj. Nidal Hasan, the Army psychiatrist who is charged with murder in the Fort Hood shootings, is seen in a booking photo after being moved to the Bell County Jail on April 9, 2010 in Belton, Texas. (credit: Bell County Sheriff's Office via Getty Images)

In this photo released by the Bell County Sheriff’s Office, U.S. Maj. Nidal Hasan, the Army psychiatrist who is charged with murder in the Fort Hood shootings, is seen in a booking photo after being moved to the Bell County Jail on April 9, 2010 in Belton, Texas. (credit: Bell County Sheriff’s Office via Getty Images)

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FORT HOOD, Texas (AP) — A military judge will not allow an Army psychiatrist to tell jurors that he shot Fort Hood soldiers to protect Taliban leaders in Afghanistan.

The judge said Friday that Maj. Nidal Hasan’s “defense of others” strategy fails as a matter of law.

Col. Tara Osborn said no soldiers at the Texas Army post on Nov. 5, 2009, posed an immediate threat to anyone in Afghanistan. She said the legitimacy of the Afghanistan war is not an issue at Hasan’s trial, which hasn’t started.

Hasan is an American-born Muslim. He faces the death penalty or life without parole if convicted in the rampage that left 13 dead and nearly three dozen wounded.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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