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Court bars second court-martial for Watada
Seattle Times staff reporter
http://seattletimes.nwsource.com/html/nationworld/2004003059_webwatada.html
A U.S. District Court judge today granted a preliminary injunction that bars the Army from proceeding with a second court-martial trial of 1st Lt. Ehren Watada, the first Army officer to face prison for refusing to deploy to Iraq.
Watada's court-martial in February ended in a mistrial, and his attorneys have claimed that Fifth Amendment constitutional protections prevent Watada from being tried twice for the same crime.
In his written decision, Judge Benjamin Settle of Tacoma found that Watada's case was likely to succeed on its merits, and ordered the U.S. Army not to proceed with a Fort Lewis court-martial that could result in up to six years in prison for failing to deploy and conduct unbecoming an officer.
"The same Fifth Amendment protections are in place for military service members as are afforded to civilians. There is a strong public interest in maintaining these rights inviolate," Settle wrote "... To hold otherwise would ignore the many sacrifices that American soldiers have made throughout history to protect these sacred rights."
Watada last year publicly denounced the Bush Administration for waging an illegal war in violation of both U.S. and international law. And, in June of 2006, he refused to join the 3rd (Stryker) Brigade, 2nd Infantry Division out of Fort Lewis as the soldiers deployed to Iraq.
For Watada, who still serves at Fort Lewis as he awaits a possible court-martial, it is unclear what will happen next.
U.S. attorneys, acting on behalf of the Army, could file a motion asking Settle to reconsider. They also could appeal to a higher court. An Army spokesman this afternoon declined to comment until the Army had more time to review the decision.
Watada's attorneys hope that Settle eventually will opt to issue a permanent injunction, which would prevent any retrial of Watada unless the Army was able to overturn the decision on appeal.
"This is an enormous victory, but it is not yet over," said Kenneth Kagan, a counsel for Watada.
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Judge blocks war objector's court-martial
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.
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.
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