Watada: Judge rules for officer who refused Iraq duty

[The Blue Flower]

http://seattlepi.nwsource.com/local/384381_watada22.html

Judge rules for officer who refused Iraq duty
Federal court cites double jeopardy in Watada case
By JON NAITO
P-I REPORTER

If the Army tries to court-martial 1st Lt. Ehren Watada a second time, it cannot prosecute him for refusing to deploy to Iraq, a federal judge ruled Tuesday. Seeking a conviction on that charge -- the most serious that Watada faced -- would constitute double jeopardy, U.S. District Judge Benjamin Settle in Tacoma decided. Settle agreed with Watada's request by throwing out the charge of missing movement for refusing to deploy with his Fort Lewis-based Stryker Brigade to Iraq in June 2006. Watada said the war was illegal.

Settle also dismissed two specifications of a second charge, of conduct unbecoming an officer, related to statements Watada made against the war and against President Bush. He made the statements at a news conference and in a speech at a Veterans for Peace convention.

If he had been tried and convicted on all charges, Watada would have faced the potential of a six-year prison sentence and a dishonorable discharge. The judge did not toss out two other specifications of conduct unbecoming an officer that concern interviews Watada gave. Army prosecutors had dropped those specifications before the court-martial. A military court will have decide whether to pursue those charges.

James Lobsenz, one of Watada's attorneys, said his client is pleased with Tuesday's ruling. Calls by the Seattle P-I to officials at Fort Lewis were not returned.

"We're happy, but it's too early to know what else might happen," Lobsenz said. "It's highly likely (the Army) will appeal the judge's decision."

It is unclear what will happen next, but Lobsenz said he is confident that his client has a strong case should the Army continue to pursue another trial.

[bahrbearian]

1. The War is illegal.

[wtmusic]

2. The war is on trial, not Ehren Watada. nt

[dixiegrrrrl]

3. Yay....good news..brave soldier.

Very deja vu, too.
More and more soldiers were upheld by courts towards the end of Nixon's reign.

[Karenina]

4. WOO-HOO!!!

:woohoo::woohoo::woohoo:

[babylonsister]

5. Rec'd for justice! Watada has been put through the ringer by the

Army. I hope this drops now.

[Hydra]

6. I'm glad Watada is getting his day in court, and doing well

It seemed he was going to get kangaroo courted in the beginning. My thoughts are with him.

[pberq]

7. Good news!

a true American hero and patriot

[BrklynLiberal]

8. Slowly, but inevitably, BushCo is crumbling.

[bluesmail]

9. Watada is a patriot. He is a war hero.

Leave him the hell alone, he's been through enough. This is psychological torture. Again, Leave him alone. Drop All Charges. Pay him for time he was made to go through this ordeal.

[kcass1954]

10. Damn activist judges.

:sarcasm: