Posted on 02/04/2007 12:59:04 PM PST by West Coast Conservative
Denied a chance to debate the legality of the Iraq war in court, an Army officer who refused to go to Iraq now goes to trial hoping to at least minimize the amount of time he could serve if convicted.
Anti-war activists consider 1st Lt. Ehren Watada a hero, but the Army accuses him of betraying his fellow soldiers.
The 28-year-old faces four years in prison if convicted on one count of missing movement and two counts of conduct unbecoming an officer for refusing to ship out with his unit, the 3rd Brigade, 2nd Infantry Division.
Watada has spoken out against U.S. military involvement in Iraq, calling it morally wrong and a breach of American law.
"As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order," Watada said in a video statement released at a June 7 news conference.
Despite having already been charged, he spoke out again in August, at a Veterans for Peace rally in Seattle.
"Though the American soldier wants to do right, the illegitimacy of the occupation itself, the policies of this administration, and the rules of engagement of desperate field commanders will ultimately force them to be party to war crime," Watada said then.
Watada and his Honolulu attorney, Eric Seitz, contend his comments are protected speech, but Army prosecutors argued his behavior was dangerous to the mission and morale of other soldiers.
"He betrayed his fellow soldiers who are now serving in Iraq," Capt. Dan Kuecker said at one hearing. Kuecker has not commented on the case outside of court.
Seitz unsuccessfully sought an opportunity to argue the legality of the war, saying it violated Army regulations that specify wars are to be waged in accordance with the United Nations charter. His final attempt was quashed last month when the military judge, Lt. Col. John Head, ruled Watada cannot base his defense on the war's legality. Head also rejected claims that Watada's statements were protected by the First Amendment.
The Army had subpoenaed two journalists who interviewed Watada, drawing criticism from free-press advocates, but that fell by the wayside as prosecutors dropped two of the four counts of misconduct in exchange for Watada admitting he made statements to freelance journalist Sarah Olson and Greg Kakesako of the Honolulu Star-Bulletin.
"This should be seen as a victory for the rights of journalists in the U.S. to gather and disseminate news free from government intervention, and for the rights of individuals to express personal, political opinions to journalists without fear of retribution or censure," Olson said in an e-mail message.
Military law experts said that, by confining themselves to the missing movement charge, prosecutors might have saved themselves from arguing some of the legal issues relating to free speech.
"It's desirable that they're abandoning the path of using reporters as witnesses," said Eugene Fidell, president of the National Institute of Military Justice in Washington, D.C. "It's a very toxic strategy."
Fidell wasn't surprised, however, that the government rejected a deal offered by Seitz that would have had Watada serve only three months confinement with a dishonorable discharge.
"Why should they? He missed a movement of his unit," he said. "No army can tolerate officers refusing to move with their unit."
Deserters should face the firing squad. I know they won't but they should.
"It's desirable that they're abandoning the path of using reporters as witnesses," said Eugene Fidell, president of the National Institute of Military Justice in Washington, D.C. "It's a very toxic strategy."
Whose bright idea was it on the prosectuor's team to try to make this a 1st Amendment issue??? Nothing like turning an open and shut case into a more serious controversey!
I hope he enjoys his 4 years at Leavenworth and a Dishonorable Discharge.
The little prick probably thought he would get a book deal and maybe somebody would want to make a movie about him.Oh well,maybe in five years or so.....
Sounds familiar:
Fry him or shoot him, but put him out.
The way the Seattle media is treating this guy is sickening.
The newscasts show him blathering at a church and all the useful idiots are clapping for him. Lots of closeups of hands clapping etc. Disgusting.
..then you should have never taken the oath...
This is from memory, so I could be wrong, but I recall that this Lt Watada comes from a far left background. The thought was that he went into the military with the express purpose of refusing to serve, so he could try to put the US on trial in his trial. His pals have served him up and he's going to get pounded, without his chance to put the US on trial. Lt Watada, you friends are full of crap and you're going to pay for it, while they move on to the next potential victim. Dummy!!
Why is this clown ONLY facing 4 years in prison? This is war time: jail him for life or else just hang the traitor!
The prosecution wasn't going for a 1st Amendment issue. They were most likely going for charges on Art. 88, Contempt Towards Officials. What the prosecution wanted was to establish, through the testimony of journalists, that the quotes attributed to the offender were his statements word for word.
When they met resistance from the journalists they got Watada to admit those statements in exchange for dropping a couple charges. They still get to use the statements as aggravating circumstances during the punishment phase.
If anyone thinks that cops sent to prison have a tough life, military officers cashiered from the service and sent to a military prison are "well enjoyed by the general population as 'toys'."
If this guy gets away with it, pretty soon officers won't get movement orders but will get movement forms:
The Defense Department would like you to join your troops in a movement to ___________. *Note this is a potentially dangerous area of operations.
Will you consent to go? (check one) Yes ______ No______ Maybe but put some sugar on it first.________
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