Military lawyers Wednesday argued to an appeals court that a judge can tell Maj. Nidal Malik Hasan to shave his beard before his capital murder trial begins at Fort Hood.

Hasan was only days from the start of a trial on charges of killing 13 people and wounding 32 when the appeals court intervened.

Col. Gregory Gross, who has fined Hasan $5,000 for violating an order to shave, said that he would “force (Hasan) to be shaved if he doesn't do it voluntarily” as the trial's “more critical stages” occur.

Hasan contends the beard is an expression of his religious faith. His attorneys said in a motion that Hasan, who faces the death penalty if he is found guilty, “is a practicing Muslim and has recently had a premonition that his death is imminent. He does not wish to die without a beard as he believes not having a beard is a sin.”

Gross said he didn't doubt Hasan's sincerity but has stated, “It doesn't matter. The rules are the rules. They apply to everybody.”

Rules governing courts-martial grant judges the right to compel defendants “to present a proper military appearance.”In a pleading with the U.S. Court of Appeals for the Armed Forces, government appellate lawyers used past cases to show Gross was on solid ground. The Supreme Court grants judges the right to bind and gag “obstreperous” defendants, remove them from the courtroom and cite them for contempt. In one case, a defendant was handcuffed to prevent him from undressing in a military court.

The government warned that allowing Hasan to defy the court's authority to enforce Army regulations would encourage others.

Defense attorneys stated that his “desire to have a beard and refusal to shave is a sincerely held religious belief” and that the order to shave “was not a compelling” Army interest.

Military lawyers said in their 32-page petition that the judge's actions were “the least restrictive way” to ensure Hasan's right to confront witnesses at the trial. While Hasan cited the Religious Freedom Restoration Act in his contempt hearings, military attorneys said the law doesn't undermine regulations designed to maintain good order and discipline.

“I think the brief sets out the military's position that he's an officer held to a higher standard,” said St. Mary's University School of Law professor Jeffrey Addicott, who noted soldiers on the jury may believe a bearded Hasan is an adherent of radical Islam. “It's really a benefit to the defendant. The nonverbal message is 'I'm an unrepentant Islamic extremist.'”