Toobin: Hasan wants suicide by judge

CNN Senior Legal Analyst Jeffrey Toobin says the suspect in the Fort Hood shooting doesn't have a legal defense. Army Maj. Nidal Hasan, a psychiatrist, claims a shooting rampage was carried out in defense of the Taliban.

When the judge asked whom he was defending during the massacre he's accused of committing, Hasan replied, "The leadership of the Islamic emirate of Afghanistan, the Taliban." He specifically named Taliban leader Mullah Mohammed Omar.

Toobin calls that defense a "form of suicide by judge" because Hasan knows his argument won't persuade a jury that he's not guilty. If convicted, Hasan could face the death penalty. "He is trying to become a martyr, trying to be executed for this crime."

13 people were killed on the Texas military base in 2009, making the attack one of the deadliest mass killings at a U.S. military base. The 42 year old plans to represent himself at his court-martial on murder charges.

"If Hasan is the lawyer, he will be cross- examining victims, people that he shot, which is a really appalling prospect," says Toobin.