[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.

[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