Watada, 28, faces a court-martial in February at Fort Lewis, Wash., where he is based. He is charged with missing a troop movement -- because he refused to deploy
The main issue, Seitz said, is "whether he had First Amendment rights to say what he did.'
What's First Amendment rights have to do with disobeying and order to deploy with his unit? Was he in the military or wasn't he ???
I think the prosecution is trying to get evidence for Article 88. Contempt Toward Officials, for some of his statements to the left wing press. They need to legally establish that he made the published statements.