Watada trial hung up in federal court (Officer refused order to deploy)

Star Bulletin ^ | June 8, 2008 | Gregg K. Kakesako

[jazusamo]

It was two years ago yesterday that 1st Lt. Ehren Watada, a 1996 Kalani High School graduate, declared publicly that he would not deploy to Iraq with his Stryker brigade combat team. Today, Watada is still in the Army working at a desk job at Fort Lewis, Wash., while his case is tied up in federal court.

Ken Kagan, Watada's attorney, told the Star-Bulletin that federal judge Benjamin Settle in Tacoma will probably take up the matter early this fall. In November, Settle ruled that no court-martial will be held for Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges.

Watada, who contends the war is illegal, is charged with missing his unit's deployment to Iraq on June 22, 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. Since then, his unit fought in Iraq for 18 months and returned in October

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. "Our experience has shown us that 9th Circuit matters consume somewhere between 18 months to three years," Kagan said. "I don't know of any reason they would put it on some fast track."

Watada's first court-martial ended in a mistrial in February 2007. Settle wrote that the military judge likely abused his discretion in declaring the mistrial. Watada's term of service in the military ended December 2006, but the legal proceedings have prevented his discharge.

[jazusamo]

It looks as if Watada could be a file clerk for quite some time before this is settled in federal court.

Previous ruling by judge.

King5.com

Watada court martial put on hold indefinitely

06:31 PM PST on Thursday, November 8, 2007

Associated Press

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.

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Read court documents

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.

[driftdiver]

So guys that kill our enemy are charged with murder and this bozo walks. Friggen amazing

[Cicero]

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.

[jazusamo]

This entire Watada thing is sickening, just as he is.

[nyyankeefan]

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!!!!

[jazusamo]

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.

[jazusamo]

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.

[YOUGOTIT]

Where in the Constitution does it say that a Federal Judge has any right to say when a Court Martial will take place? According to my Constitution it says that the Military has their OWN LAW that is called the Uniform Code of Military Justice (UCMJ) and any appeal goes to the Military Court of Appeals then to the Supreme Court not to a Federal Judge who has NO Constitutional right to interfere in the Military Justice System.

[jazusamo]

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.

[BIGLOOK]

I checked on the progress of the Watada Courts Martial about a month ago. It has been delayed, delayed again and delayed some more on the injunction set down by a civilian court.

The Army dropped the charges under Article 88. Contempt towards Officials and went forward with Article 87, Missing Movement; Article 92, Disobeying Orders; Article 133, Conduct Unbecoming an Officer.

The charges go to Watada's military conduct and not to his public statements against the Bush administration. This delay, in my mind, is to give Watada a shot at clemency or a pardon if a democrat is elected president.

[river rat]

I hope this guys spends some time in The United States Disciplinary Barracks (USDB) at Fort Leavenworth, Kansas.

He’s earned some time.

[jazusamo]

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.

[jazusamo]

Yes, he’s more than earned some time. If it winds up he’s convicted I hope he spends the whole six years there.

[BIGLOOK]

The case shouldn't even be brought before a civilian court nor the 9th Circuit Court of (rotten) Apples. Watada's lawyer is arguing that his Fifth Amendment rights were violated on the basis denying his 1st Amendment Rights by originally charging him under Article 88 in the UCMJ. That charge was not brought by the prosecuting officer, it was dropped prior to his CM. There were statements made by Watada himself that were ruled prejudicial to his case and the Court ruled mistrial.

This thing is so convoluted that even a statement admitting guilt by the accused to a charge that hasn't been brought is reason to declare mistrial.

[Non-Sequitur]

He should be coming up for captain soon, at the rate this is dragging.

[Non-Sequitur]

Where in the Constitution does it say that a Federal Judge has any right to say when a Court Martial will take place? According to my Constitution it says that the Military has their OWN LAW that is called the Uniform Code of Military Justice (UCMJ) and any appeal goes to the Military Court of Appeals then to the Supreme Court not to a Federal Judge who has NO Constitutional right to interfere in the Military Justice System.

Watada's attorney has claimed his 5th Amendment rights are being violated. That's done in federal court.

[jazusamo]

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

[Anti-Bubba182]

“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.

[jazusamo]

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!

[17th Miss Regt]

If it drags on long enough he could retire at 20 years as a 1 LT.