Key facts
- The Pentagon plans to livestream the execution of Nidal Hasan, convicted of the 2009 Fort Hood shooting.
- The execution is scheduled for December 3 and would be the first known livestream of a lawful execution.
- Execution by firing squad is legal in the US and is permitted by five states and the federal prison system.
- US law prohibits recording or broadcasting executions in the federal prison system, but military regulations do not apply this prohibition to military executions.
- Hasan can still challenge his conviction and sentence in the federal civilian court system, which could stall the execution.
The U.S. military intends to livestream the execution by firing squad of Nidal Hasan, a former Army psychiatrist convicted of the 2009 Fort Hood shooting, on December 3. If the plan proceeds, it would be the first known instance of a lawful execution being broadcast or livestreamed to the public.
Death penalty experts consulted by Reuters indicated they were unaware of any prior lawful executions that had been livestreamed. While footage of executions has occasionally emerged after the fact, such as the 2006 hanging of Saddam Hussein, these were not live broadcasts. Modern state functions like court proceedings and parliamentary debates are commonly livestreamed, but judicial executions are an exception.
Public executions have become increasingly rare worldwide, with most countries that retain the death penalty conducting them privately. Amnesty International reports that public executions in recent years have primarily occurred in Iran and Afghanistan. In the United States, public executions largely ceased in the 20th century, with the last legally sanctioned public execution taking place in 1936.
Hasan's execution by firing squad would also be notable as it would be the first carried out by the U.S. military since the 1945 execution of Eddie Slovik for desertion during World War Two.
The U.S. Supreme Court has previously ruled that execution by firing squad is not "cruel and unusual punishment." Five states currently allow executions by firing squad, and the Trump administration had previously stated it would allow the method in the federal prison system. Military regulations have not prohibited the broadcasting of military executions, unlike a U.S. law that prohibits recording or broadcasting executions in the federal prison system.
Hasan, while having exhausted his direct appeals within the military justice system, can still challenge his conviction and sentence in the federal civilian court system through habeas corpus proceedings. Such a challenge could potentially stall the execution for years.