Posted on 05/06/2009 2:11:08 PM PDT by jazusamo
First Lt. Ehren Watada will not face a second court-martial for his decision to refuse deployment to Iraq, after a federal appeals court judge allowed the U.S. Army to drop its appeal in the case Wednesday.
"We are cautiously optimistic that perhaps we've had enough litigation," said Watada's attorney, James Lobsenz.
Watada was court-martialed in 2007 on five criminal counts after his high-profile refusal of deployment. The case ended in a mistrial, when the military judge declared that Watada did not fully understand a stipulation he had signed before the trial.
The case then went to the civilian U.S. District Court, where Judge Benjamin Settle ruled that a second court-martial on three of the five counts -- including refusal of deployment, the most serious charge -- would constitute double jeopardy.
Settle set aside two specifications of the same charge -- conduct unbecoming an officer -- which stemmed from public statements Watada made against the war and President Bush.
Settle left the door open for the United States to pursue those charges later. Ft. Lewis spokesman Joseph Piek said he did not know if the Department of Justice intended to refile those charges. Lobsenz said no charges are currently pending.
Piek said the Army is now considering administrative forms of punishment for Watada, who is working a desk job at the base. He said the punishment options include extra duty, forfeiture of pay, or being discharged from the military.
"The one element that concerns us the most is that this case has always been and will forever be about a soldier -- in this case, a lieutenant, a commissioned officer -- who refused orders to deploy," Piek said.
"Because of a legal technicality, that charge is never going to see its day in court. For the hundreds of thousands of soldiers Army- wide, and for the many thousands of soldiers at Ft . Lewis, that is very disturbing."
Lobsenz said Watada -- who had become a hero among anti-war protesters -- is anticipating that he will be released soon from active duty.
"He plans to return to civilian life and attend law school," Lobsenz said.
It would appear that voluntary service in our Military just expanded it’s definition. Now it means that if you don’t want to go, you don’t have to go, even after signing an agreement that you would go when ordered to. So much for having a military to defend this nation. Bye bye American, it was good to know you.
From Wiki, a Leftist Hard “n’fo” site.
“Ehren K. Watada was born in Honolulu, Hawaii to Robert Watada and Carolyn Ho. His father served for 10 years as executive director of Hawaii’s Campaign Spending Commission and himself refused to serve in the Vietnam War.”
“He plans to return to civilian life and attend law school,”
... and shop for pink panties.
The bum should be thrown in jail for treason and failure to follow a direct order. It should have stayed in the military courts as this was not a civilian matter.
Previous threads on Watada:
http://www.freerepublic.com/focus/news/2029601/posts Watada still refuses to go to Iraq 6-11-08
http://www.freerepublic.com/focus/f-news/2027981/posts Watada hung up in federal court 6-08-08
http://www.freerepublic.com/focus/f-news/1906577/posts 2nd trial illegal, Watada 10-04-07
http://www.freerepublic.com/focus/f-news/1866916/posts Second court-martial delayed 07-16-07
http://www.freerepublic.com/focus/f-news/1862227/posts No Double Jeopardy Watada 07-07-07
http://www.freerepublic.com/focus/f-news/1836064/posts Partial Stay For Watada 05-18-07
http://www.freerepublic.com/focus/f-news/1825583/posts Dems Support Watada 04-29-07
http://www.freerepublic.com/focus/f-news/1812895/posts Watada Switches Lawyers 04-05-07
http://www.freerepublic.com/focus/news/1802895/posts Watada Speaks in Eugene 03-18-07
http://www.freerepublic.com/focus/f-news/1780944/posts Mistrial in Watada Case 02-07-07
http://www.freerepublic.com/focus/f-news/1780759/posts Watada Trial Day 2 02-07-07
http://www.freerepublic.com/focus/f-news/1779605/posts Watada Trial Starts 02-05-07
http://www.freerepublic.com/focus/f-news/1774890/posts Watada’s Antiwar Rallies 01-27-07
http://www.freerepublic.com/focus/f-news/1771161/posts Watada war protest Evergreen 01-21-07
http://www.freerepublic.com/focus/f-news/1768980/posts Watada No on war legality 01-17-07
http://www.freerepublic.com/focus/f-news/1764881/posts Watada Times sides w/Army 01-09-07
http://www.freerepublic.com/focus/f-news/1764391/posts LA Times Watada Edit. 01-08-07
http://www.freerepublic.com/focus/f-news/1763773/posts Watada’s Mother 01-07-07
http://www.freerepublic.com/focus/f-news/1762460/posts Watada Courts-Martial 01-04-07
Agreed...The puzzle was enlisting in the first place but it was surely for the college tuition.
/johnny
Hey, there may be a Senate seat available in Massachussetts very soon. The guy looks like he's on the fast track to a Kerryesque success story.
You got that right, Bill. He could take over for Kerry and never miss lick.
Anarchy in the military is NOT a good idea!! Obama wants CHAOS!
Everyone mail him the coward’s “white feather.”
It’s what he deserves.
One day he will go into a local VFW for a beer..........
Should he ever do it he better hope no one recognizes him.
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