Marjorie Cohn: Watada Beats the Government

[Demeter]

http://www.buzzflash.com/articles/contributors/778


When the Army judge declared a mistrial over defense objection in 1st Lt. Ehren Watada's court martial yesterday, he probably didn't realize jeopardy attached. That means that under the Double Jeopardy Clause of the Constitution, the government cannot retry Lt. Watada on the same charges of missing movement and conduct unbecoming an officer.


Lt. Watada is the first commissioned officer to publicly refuse orders to deploy to Iraq. He claimed those orders were unlawful because the war is illegal and he would be an accomplice to war crimes if he followed them.

[YDogg]

1. Perhaps others will follow his lead ...

[kenny blankenship]

3. This appears to have been a very lucky break for Lt. Watada, others won't be so lucky

If the Judge hadn't goofed, Watada would simply be headed to a second trial. His example of standing up to declare the illegality of this war may inspire others but his path through the legal system, apparently for now avoiding a harsh sentence, isn't one that can followed.

[kenny blankenship]

2. self delete

[Geoff R. Casavant]

4. Criminal procedure is not my strong suit, but . . .

. . . I could have sworn that a mistrial is one of the exceptions to the double jeopardy rule.

[Karenina]

5. Germane discussion here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x151882