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