Judge blocks retrial of war objector Watada

[unhappycamper]

Judge blocks retrial of war objector Watada
By Phuong Le - The Associated Press
Posted : Thursday Oct 23, 2008 5:50:14 EDT

SEATTLE — The Army can’t retry a Fort Lewis-based Iraq war objector on several key charges because that would violate the soldier’s constitutional protection against double jeopardy, a federal judge ruled late Tuesday.

U.S. District Judge Benjamin H. Settle of Tacoma said the government could not retry 1st Lt. Ehren Watada on charges of missing his unit’s deployment to Iraq in June 2006 and for denouncing President Bush and the war.

To do so would violate Watada’s Fifth Amendment rights by trying him twice for the same charges, Settle held.

“He dismissed the heart of their case,” Watada lawyer Jim Lobsenz said. “We’re very pleased. It’s taken a long time.”

The judge kicked back to the military trial court for further consideration two other charges of conduct unbecoming an officer against Watada, opening the door to further court proceedings. Both of those charges involve public interviews Watada gave to reporters.


Rest of article at: http://www.armytimes.com/news/2008/10/ap_warobjector_102208/%2e



uhc comment: I posted this story yesterday in LBN --> http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3558411