A Soldier's Right to Disobey Illegal Orders: The Court Martial of Lt. Watada

[babylonsister]

http://www.commondreams.org/views07/0201-30.htm

A Soldier's Right to Disobey Illegal Orders: The Court Martial of Lt. Watada
by Paul Rockwell

It is a sad day in American jurisprudence when a soldier of conscience is court-martialed not for lying but for telling the truth, not for breaking a covenant with the military but for upholding the rule of law in wartime.

The court-martial of Army 1st Lt. Ehren K. Watada is set for Monday at Fort Lewis near Seattle. The 28-year-old soldier from Hawaii is the first commissioned officer to refuse deployment to Iraq. He is charged with "missing movement" and "conduct unbecoming of an officer," including "use of contemptuous words for the president." He was out of uniform on leave over a year ago when he delivered a moving address to a Veterans for Peace convention. He questioned the legality of the war in Iraq, and he denounced the mendacity of the Bush administration. Although he is not a conscientious objector (he offered to serve in Afghanistan), Lieutenant Watada believes no soldier should give a life, or take a life, for a lie.

For delivering two public speeches on presidential deceptions - saying little more than what the world already knows - Lieutenant Watada could spend two years in prison.

All the major issues of imperial occupation - the fraudulent basis for the war, the absence of a formal declaration from Congress, the systematic nature of war crimes in Iraq, the flagrant violations of international treaties such as the U.N. Charter - are coming to a head in this historic battle between a soldier of conscience and an Army whose Abu Ghraib scandals shocked the world.

Ordinarily, the truth of a claim is a strong defense against any charge of defamation. Not in the Army. Prosecutors told presiding Judge Lt. Col. John Head that the truthfulness of Lieutenant Watada's speeches is irrelevant to the case.

Lieutenant Watada's legal arguments, however, are strong and deserve to be heard in court. The audacious officer is raising matters of principle that concern the right of all soldiers to full protection of the law. Under the enlistment contract, every soldier has a right, even a duty, to disobey illegal orders. The legality of Lieutenant Watada's orders pursuant to a "war of choice" is the central issue of the trial.

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[Kagemusha]

1. I've said before, the guy should be allowed to resign

or simply kicked out.

Instead they've chosen to make this a legal battle between a soldier's "right" to disobey orders and a military's "right" to imprison the officer for doing so.

[patrice]

2. So, isn't one of the issues about Abu Ghraib that the enlisted

were expected to refuse to obey bad orders, or bad leadership, or whatever it was that lead to what they did?

[JeffR]

3. Thanks for posting this

I've reluctantly come around to the inevitability of this young officer serving prison time, but I've protested in support of him and will proudly do so again. I know some of the vets on DU don't agree - and I respectfully differ with them - but I think Watada is an American hero, and a very brave man.

[babylonsister]

15. I think he should be getting a medal for his integrity. I'm very saddened

this is how the Army will treat a man who did nothing but speak the truth.

[madokie]

22. I'm a Vietnam vet who thinks Lt. Watada is a HERO too

[133724]

4. Seattle 2007-01-27

We support the War resistors
They are our brothers, they are our sisters...

[Booster]

6. Wow, that's a pretty good turnout. I really hope Watada wins his

case. Thanks for posting this picture.

[orleans]

5. i admire his courage and am glad he is this ethical.. wishing him all the best. n/t

[EFerrari]

7. K&R. Of all the people who spoke at the Washington rally

his father moved me the most. "Stand up and tell them, this is our country."

[Blue_In_AK]

8. Lt. Watada's parents speaking out

last Saturday in DC.

[Pachamama]

9. Is anyone from DU in the Seattle or Portland areas planning on going to Ft. Lewis?

Just wondering if there are plans for people to go and show their support for Lt. Watada. I think that its important for people show the support if they can and go there. I'm actually thinking of flying up there. I donated to the family's trust for his defense and I have been following his situation closely.

Did DUers know that the name "Ehren" means honor in German? I think that Lt. Ehren Watada stands for honor and the military's attempt to silence him and court martial him is a disgrace. If anything, the military leadership should have only Ehren Watada's. Our country could only be so fortunate to have someone with that much honor to his country.

[Decruiter]

16. Many actions are taking place, www.thankyoult.org

http://www.thankyoult.org/content/view/73/53/ Starting tomorrow, go to link for more through weekend and lots more on Monday.........

Sat. Feb. 3, 2007

Seattle, WA

7 pm - LAST OPPORTUNITY TO HEAR FROM LT WATADA IN PERSON PRIOR TO HIS MILITARY COURT MARTIAL

University Temple United Methodist Church, 1415 NE 43rd St, Seattle (next to the University Bookstore)

$10 suggested donation; no one turned away.

Co-Sponsored by the Church & Society Team of University Temple United Methodist Church



Brooklyn, NY

4-7pm - Put the War on Trial! Expert Witnesses Defend Lt. Watada for his Courage to Resist

Brooklyn Law School, New York

please RSVP to [email protected] e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Presented by the Committee United For Lt. Watada NYC, World Can’t Wait, Drive Out the Bush Regime, Not in Our Name and The National Lawyers Guild Brooklyn. Endorsed by Military Families Speak Out NYC and Veterans for Peace NYC.


Los Angels, CA

4:00 PM Gather at San Pedro and Second (northwest corner near the Friendship Knot)

4:30 PM Begin Vigil and March through Little Tokyo

5:00 or 5:30PM Arrive at 505 E. Third Street (Higashi Honganji) for program

Program Participants: Carolyn Ho, mother of Lt. Ehren Watada,Helga Aguayo, wife of Spc. Agustin Aguayo, Reverend Paul Nagano, Rinban Nori Ito, Nobuko Miyamoto, Quetzal, Olmeca, Mike Nakayama, Asian American Vietnam Veterans Organization, Jabbar Magruder, Iraqi Veterans Against the War, Traci Kato Kiriyama and Ruben Guevara

This program is sponsored by the Nikkei for Civil Rights & Redress (NCRR) and the Asian American Vietnam Veterans Organization (AAVVO). The temple is not an endorser of this event.



Spokane, WA

1-3pm - RALLY to SUPPORT LT. WATADA IN HIS REFUSAL TO DEPLOY TO IRAQ!

Valley Mall on Indiana, Spokane Valley, near the Army Recruiting Station

Directions: I-90 to Sullivan Exit, follow signs to the Valley Mall. Gather on the curb near Krispy Kreme Donuts. Bring your signs, family and friends.

Sponsored by Peace and Justice Action League of Spokane (PJALS)

Information: 509-838-7870 www.pjals.net


Sun. Feb. 4, 2007

Austin, TX

Noon-3pm - Rally at the gates of Fort Hood with GI Rights Hotline

Sponsored by CodePink Austin

Information: [email protected] e-mail address is being protected from spam bots, you need JavaScript enabled to view it

San Francisco, CA - Bay Area

2-4pm - Lt. Watada Support Vigils against the court martial

CHANGE: Civic Center (by City Hall), Polk & McAllister

Information: Mike Wong 415-422-0497


I was privileged to meet Lt. Watada's father and step-mom the end of October when they spoke at the Dallas Peace Center. I hope everyone that can will support him in every way possible.

[Pachamama]

19. We all need to go and attend these where they are being held and show our support!

What happens to Lt. Watada is symbolic of so many things related to this war and will have a real impact. We all ask ourselves what can we do and what kind of sacrifice can we make, well, here is a perfect example of what we can do and should do.

[Decruiter]

21. Thanks for your support. Will you be able to attend anywhere?

Trying to make way to Ft. Hood on Sunday.

To stand behind Lt. Watada is a small sacrifice compared to the sacrifice he is ready to make. Years in jail for refusing an illegal order.
Beyond my comprehension and I stand in awe.

I know there are some here that do not support Lt. Watada. I'm apologize to you, I do. I do believe Lt. Watada is trying to honor the oath he took. I've spent time with his Dad and step-mom, I've heard his story and how he came to be in this place from his Dad.

Please spread the word to everyone you know and help in supporting Lt. Watada and all our soldiers.

This war is illegal and was from the very beginning.

Bring Our Soldiers Home Now and Take Care of Them When They Get Here!


www.mfso.org


Please concerned DU'ers, keep this thread kicked through the weekend so as many as possible can spread the word of these events, attend different actions and/or lend support.

[Pachamama]

26. I'm going to go to the gatherings here locally in the Bay Area...

It's the least I can do....I'm also sending lots of good prana to Lt. Watada....

[Decruiter]

17. Lt. Watada is speaking Saturday evening in Seattle!

Your last opportunity to hear from Lt. Watada

in person prior to his military court martial!!


Saturday, February 3, 7 PM

University Temple United Methodist Church

1415 NE 43rd Street, Seattle WA
(next to the University Bookstore).
$10 suggested donation for the event. No one will be turned away.


Bake Sale to raise funds for Lt. Watada's defense campaign will feature:

* First Amendment Fudge
* Courageous Cookies
* Lieutenant's Lemon bars
* Court Martial Meringues
* Brave Brownies

Donations to Lt. Watada's Defense Fund will be gratefully accepted.

Co-sponsored by the Church & Society Team

of University Temple United Methodist Church.


I'm sure that there will be a great number of local DU'ers in attendance, I'm banking on it.

Peace
__________________________________________

[Hissyspit]

10. Even some of my liberal-minded friends have said soldiers don't have a right to refuse

these orders and I've had a hard time explaining to them why that is not true. This lays the issues out pretty effectively. The Iraq War was/is illegal under international law and domestic law.

[Manifestor_of_Light]

11. They swear to uphold the Constitution

like the Prez does.

[VenusRising]

12. Lt. Watada is a hero

and a true patriot. He should be given a medal for bravery for standing firmly behind the truth.

:patriot:

[Yukari Yakumo]

13. He should book his reservation at Ft. Leavenworth, unfortunately.

The military operates under a totally different set of rules than us citizens. In the military, you don't get to pick and choose what orders to follow. You have a duty to follow. Anyone who have spent time in the military should understand this, and those who've never served likely never will.

Being told "go to the front" will never be considered an illegal order under any circumstances. What you are told to do when you get there could be, but, in this case, it is beside the point.

In short, his ass is cooked.

[Hissyspit]

14. "duty to follow" is not legal terminology.

There are limits as to what you have to follow. This is true of the military as it is in other aspects of society. The military IS different, but still has to work within the law. The article lays out plainly why what you say is not true. Lt. Watada's ass may indeed be cooked, but it is because he will be made a scapegoat and the law will be ignored, not because of the reasoning you use.

Watch "Paths of Glory." Read the military code of conduct.

[Yukari Yakumo]

25. You have rather flawed logic.

The military operates by its own laws, the UCMJ. He disobeyed orders that no courts-martial tribunal in existence would ever call "unlawfully given". And, to ultimately deflate your claim, is his basis for not going to Iraq based on opinion and conjecture or on solid facts?

He's no scapegoat. At best, he could be classed as a media whore, trying (and succeeding) to get all eyes on himself.

[Decruiter]

18. A kick for Lt. Watada.

SUPPORT FROM WILLIE NELSON

"Lt. Ehren Watada is the embodiment of
all that we stand for as Americans. To
stand up against might, because you are
right, is the embodiment of every American's
birthright and obligation. Lt. Watada went
out on a limb for us, for that we must have
his back.

We are all Ehren Watada now."

--Willie Nelson

Read U.S. Rep. Mike Honda's Op-ed in the San Francisco Chronicle on "Watada Chose to Stop Fighting"

www.thankyoult.org/content/view/107/23/

[Pachamama]

20. A salute for Lt. Ehren Watada...

:patriot:

[Decruiter]

23. Kicking up on behalf of Lt. Watada and our military. n/t

[Decruiter]

24. BabylonSister, Lt. Watada did not believe it was his right to refuse.

Lt. Watada believes it was his duty, to the oath he swore to and to the soldiers he served with and responsible for.