Army to charge Watada again

[bemildred]

FORT LEWIS, Wash. -- The U.S. Army today re-filed charges against 1st Lt. Ehren Watada, who refused to go to Iraq in June 2006. A mistrial was declared in his first court martial at Fort Lewis on Feb. 7.

The 28-year-old Watada is charged with missing movement and of conduct unbecoming an officer. The maximum punishment would be dismissal from the Army and imprisonment for six years.

There is no date for a new court martial.

On Feb. 7, military judge Lt. Col. John Head said he did not believe 1st Lt. Ehren Watada fully understood a document he signed admitting to elements of the charges against him.

KING5

[Kagemusha]

1. There's a serious possibility this is unconstitutional double jeopardy.

We'll see how it goes but, you cannot just get a do-over for prosecutorial convenience or for judicial error at the drop of a hat. And this was indeed at the drop of a hat.

[bemildred]

2. Yeah, but they cannot let him have his point on this either.

I predict it will be a long time before Watada is allowed to walk free.

[Kagemusha]

3. His never getting to put on a defense keeps him from having his point

in a court of law...

And the first mistrial wouldn't have happened if the judge hadn't been so hell bent on disallowing any defense.

[mcscajun]

4. Even with military justice in play here, double jeopardy does not apply.

A mistrial means that no good trial has taken place, and a new trial on the charges may go forward in future.

[Kagemusha]

5. What I'd heard is that not all mistrials are created equal.

But, I'm relying on what law profs and lawyers have said about it so hey, we'll see what happens. The argument had something to do with a mistrial over defense objections and for the explicit purpose of letting a prosecution re-file charges on its own, more favorable terms.

[Peace Patriot]

11. Yes, that is what happened. The prosecution wanted out of the agreement,

because the agreement dropped some charges in exchange for Lt. Watada's stipulation that, yes, he refused an order to deploy. He has never disputed this, and has always been willing to take the consequences of his action, and merely wants to explain why (his judgment as an officer that the Iraq war is illegal). But now that the Bush Junta sees that he is sticking to his guns, and has a lot of support and is getting increasing publicity, they want to throw the book at him. So they deliberately blew the trial. The judge declared a mistrial over defense objections.

There is no question in my mind that this is double jeopardy. The problem is, we are no longer a country of laws, when it comes to Bush Junta war profiteering and fascism. The military is getting its orders from war criminals, traitors and thieves. I'm sure there are a lot of people in the military who don't like this at all, but the military is increasingly being run by Bush toadies and yes-men. as commanders with character, courage and ethical principles are purged from its ranks. The handling of this trial is an excellent example of the loss of professionalism that is endemic throughout the federal government, but is especially disgusting when it comes to the military, because its people suffer such dire consequences for holding to ethical principles and objecting to wrongful orders. Rumsfeld and Gonzales create a culture of torturing prisoners in the military--meanwhile exempting themselves (or trying to) with secret rulings--and who takes the hit? The people at the bottom. It's disreputable beyond belief.

[Kagemusha]

12. Well, double jeopardy is grounds for lots of appealing...

Hopefully even if the military under Bush gets very stubborn here, it will be all for nothing in the end. The admin has done much under cover of darkness but hasn't gotten its way nearly as often in the bright daylight.

[TheBaldyMan]

6. kick n/t

[uppityperson]

7. Just heard this and came to DU to see if had been posted. k&r for Watada

[roody]

8. Sad for Lt. Watada.

Good for the anti-war momentum. The spotlight keeps shining on the issue.

[Doondoo]

9. K&R

[babylonsister]

10. I suppose the military has to find the "right" judge, wink wink. nt