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.

[YOUGOTIT]

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

The UCMJ gives more rights than the 5th Amendment. And this is a military trial and has NO Constitutional authority for a federal judge to intervene about anything.

[Non-Sequitur]

The UCMJ gives more rights than the 5th Amendment. And this is a military trial and has NO Constitutional authority for a federal judge to intervene about anything.

Military courts do not deal with Constitutional issues, only criminal ones. When the defendant claims his or her Constitutional rights are being violated then federal court is where it will be fought out.

[Cicero]

Even after Earl Warren perverted the Supreme Court, they had numerous decisions following the rule that the civilian courts should stay out of military business.

But it’s possible that the leftists are hoping to reverse those opinions, as they have reversed so many others. And it’s possible that the leftist activist judges are delaying this (as they clearly are) in hopes of keeping it alive until a Democrat is elected in November and the Court gets some more moonbat appointments.

Unfortunately, that scenario is going to be very hard to block even if McCain, a very weak candidate, is elected, because he has never in the past shown any inclination to fight the Democrats in congress for good court appointments.

In other words, the moonbat agenda may involve undermining the military justice system as well as the right to life and the traditional understanding of marriage. We are already seeing that from WITHIN the military justice system in the Haditha prosecutions.