At a hearing in a small Fort Hood courtroom, Col. Tara Osborn quickly swatted down a motion by Hasan's military defense team to throw out capital punishment.
She did it in a businesslike fashion after hearing arguments from both sides, and quickly moved onto other issues as the paralyzed Hasan sat silently in his wheelchair wearing a long, scruffy beard, which he grew in violation of Army regulations.
Hasan's beard has been a point of contention for months. The previous judge in the case, Col. Gregory Gross, had ordered Hasan to shave before standing trail. Osborn was appointed after an appeals court removed Gross, whom the court said didn't appear impartial.
Osborn said Wednesday the court didn't have the authority to stop the Fort Hood command from requiring Hasan to shave his beard before the trial, which could be delayed until this summer.
Hasan's lawyers have said previously that military law failed to provide constitutional protections that are given in civilian courts.