Posted on 06/08/2008 12:20:25 PM PDT by jazusamo
Previous ruling by judge.
06:31 PM PST on Thursday, November 8, 2007
TACOMA, Wash. - A federal court judge has blocked the Army from conducting a second court-martial of an Iraq war objector based at Fort Lewis, saying it's likely the second trial would violate the soldier's constitutional rights. U.S. District Judge Benjamin H. Settle ruled Thursday that no court martial will be held for 1st Lt. Ehren Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges. His first court-martial ended in a mistrial in February; Settle wrote that the military judge likely abused his discretion in declaring the mistrial. Watada is charged with missing his unit's deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged. Watada contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army refused his request to be posted in Afghanistan or elsewhere. "This is an enormous victory, but it is not yet over," Kenneth Kagan, one of Watada's attorneys, said in a written statement. Settle did not indicate what the next steps would be. Watada's second court-martial had been scheduled to begin last month when his lawyers asked the federal court to step in. Settle issued a temporary stay pending his decision issued Thursday. Watada's term of service in the military ended in December, but the legal proceedings have prevented his discharge. He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Seattle. An Army spokesman at Fort Lewis said late Thursday that officials had just received the ruling and could not immediately comment. Related Content
So guys that kill our enemy are charged with murder and this bozo walks. Friggen amazing
I’d say this guy is screwing himself, unless he wants to be the hero of some Kafkaesque novel, sitting at a desk in some obscure military office, doing useless work for the rest of his life.
“Watada’s term of service in the military ended December 2006, but the legal proceedings have prevented his discharge.”
He’d probably have been better off firing his lawyer, coming to some sort of arrangement, leaving the military, and starting his life over again.
Frankly, it serves him right. Only it’s a pity that the taxpayers are paying for all this nonsense.
This entire Watada thing is sickening, just as he is.
this soldier was a volunteer...he should be put in prison for his awol and then after his time is up...let him plead his pathetic case!!!!
I can’t help but believe this was planned by him from the beginning, his father was a Vietnam war protester and evaded the draft by joining the Peace Corps.
His first courts-martial was declared a mistrial and if the federal courts don’t order that double jeopardy prevents another trial he will surely be found guilty and go to Leavenworth.
I don’t know the answers to your questions but Watada has had several different high powered lawyers and he’s gotten funds from the antiwar movement. He’s been their fair haired poster child and he’s addressed them several times at their shindigs.
I hope this guys spends some time in The United States Disciplinary Barracks (USDB) at Fort Leavenworth, Kansas.
He’s earned some time.
Thanks for the info. It wouldn’t surprise me at all if what you say turns out to be true on the reason for the delay.
I’m sure most of the 9th Circus judges are on this turkeys side. It’d be interesting to see if this judge rules double jeopardy and the 9th upholds him if it goes to SCOTUS but then they probably wouldn’t hear the case.
Yes, he’s more than earned some time. If it winds up he’s convicted I hope he spends the whole six years there.
He should be coming up for captain soon, at the rate this is dragging.
Watada's attorney has claimed his 5th Amendment rights are being violated. That's done in federal court.
I’m sure no lawyer but what you say sounds right. Can’t remember all that took place in his court-martial but here’s links to three threads I posted on it.
http://www.freerepublic.com/focus/f-news/1780944/posts Mistrial in Watada Case
http://www.freerepublic.com/focus/f-news/1780759/posts Watada Trial Day 2
http://www.freerepublic.com/focus/f-news/1779605/posts Watada Trial Starts
“Kagan said he expects the case to eventually go before the 9th U.S. Circuit Court of Appeals where it may take up to three years before a decision is rendered.”
He is counting on a Democrat to pardon him. As the facts stand he is guilty as hell.
You're correct and in fact he stipulated to facts in his court-martial that would have convicted him and that's why the judge ordered a mistrial. Then his attorney's come back and cry double jeopardy, it's all nuts!
If it drags on long enough he could retire at 20 years as a 1 LT.
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