Judge rules for officer who refused Iraq duty

Seattle Post Intelligencer by Jon Naito | Oct. 22, 2008 (News Report)
Federal court cites double jeopardy in Watada case

If the Army tries to court-martial 1st Lt. Ehren Watada a second time, it cannot prosecute him for refusing to deploy to Iraq, a federal judge ruled Tuesday.

Seeking a conviction on that charge -- the most serious that Watada faced -- would constitute double jeopardy, U.S. District Judge Benjamin Settle in Tacoma decided.

Settle agreed with Watada's request by throwing out the charge of missing movement for refusing to deploy with his ... Full Story »

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4.0
 by Marsha Iverson - Oct. 22, 2008

This is an understandable summary of the latest development in a complex, high-profile legal case involving 1st Lt. Ehren Watada's refusal to return to combat in Iraq. Lt. Watada volunteered to go to Afghanistan instead, but believed that the 'war' in Iraq is illegal, and that he is bound by his oath of honor to refuse to obey illegal orders.

While the legal complexities are numerous, the case is a PR nightmare for the US Army, as well as an ordeal for Lt. Watada. The lieutenant faces possible charges of conduct unbecoming for an officer, precisely for honoring and upholding the oath he took as an officer.

If he had been tried and convicted on all charges, Watada would have faced the potential of a six-year prison sentence and a dishonorable discharge. The judge did not toss out two other specifications of conduct unbecoming an officer that concern interviews Watada gave. Army prosecutors had dropped those specifications before the court-martial. A military court will have decide whether to pursue those charges.

In the aftermath of WWII, in the Nuremberg Trials, UW military prosecutors posited that military personnel are accountable for following illegal orders. One hopes the military decides not to pursue the charges they had already dropped prior to Lt. Watada’s initial trial. And, if it isn’t asking too much, perhaps the military could acknowledge that Lt. Watada’s conduct is precisely the embodiment of their own code of honor.

(14 answers)

Marsha's Rating

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4.0

Good
from 14 answers
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4.0
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5.0
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4.0
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4.0
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4.0
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4.0
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4.0
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3.0
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3.0
Popularity
4.0
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4.0
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4.0
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