Lt. Watada retrial on hold for double jeopardy ruling

[unhappycamper]

Lt. Watada retrial on hold for double jeopardy ruling
Courage to Resist. May 29, 2007

Nearly one year after Army Lt. Ehren Watada very publicly announced that he would be the first commissioned officer of the U.S. military to refuse to deploy to Iraq on the grounds that the war there is illegal under U.S. and international law, the U.S. Army court of appeals has issued a partial stay to consider arguments that a second court-martial would constitute double jeopardy.

Lt. Watada's first court-martial ended in a mistrial in February when military Judge Lieutenant Colonel John Head ended the trial over the objections of both parties. "The court gave no indication when it would review lawyers' arguments," reported Melanthia Mitchell for the Associated Press. Up until the stay was issued, the Army had intended to attempt a retrial beginning July 23. It is still possible that the military appeals court may rule in favor of the Army in time for the Army to still attempt a July 23 trial. However, defense attorneys anticipate this possibility and are readying the double jeopardy arguments for civilian court of appeals as the next step if needed.

The Seattle Times reported that according to Lt. Watada’s civilian attorney James Lobsenz, "Once the briefs are filed, the appeals court could: dissolve the stay and allow the case to proceed; hear oral arguments and then issue a ruling; or issue a ruling based on a review of the briefs."

Though an Army spokesman at Fort Lewis, Washington has publicly discounted that possibility, it is anticipated that a federal court of appeals would hear this very strong case against the prohibition against double jeopardy as clearly laid out by the constitution. The stakes are high for the Army. Although they probably are not eager for another round of mass protests at the gates of Fort Lewis, if the courts do end up ruling against the Army – as the constitution of the United States would dictate – Lt. Watada would be promoted to captain and granted an honorable discharge.

In late April, the central committee of the Washington State Democratic Party overwhelmingly passed, by a show of hands, a resolution "support and commend Lt. Ehren Watada for his courage, moral leadership, and commitment to duty demonstrated by his act of resistance to the continued costly, destructive, and immoral U.S. military occupation of Iraq."

Lt. Watada continues to report for duty at Fort Lewis, Washington. Although his original term of active duty service expired a few months ago, he will remain active duty until his current “legal hold” is resolved. “Even in the off-chance that they succeed in re-trying me, public opposition to this war (including the military) grows daily.”

a little more

[babylonsister]

1. I didn't realize he is still reporting for duty; he deserves that promotion

and honorable discharge!

[Peace Patriot]

2. If Al Gore won't run, maybe we can draft Lt. Watada? There is no more thoughtful,

courageous or principled leader in the U.S. of A.