Posted on 02/07/2007 12:21:31 PM PST by jazusamo
FORT LEWIS -- The court-martial of 1st Lt. Ehren Watada ground to a halt Wednesday as his lawyer and the judge sparred.
Again the issue was Watada's views on the Iraq war -- opinions that kept him from going with his unit to the conflict and that the judge, Lt. Col. John Head, doesn't want brought up at the court-martial.
The dispute kept Watada off the witness stand Wednesday morning, where he was to testify in his defense, and prompted the judge to suggest there might have to be a mistrial.
Watada, a Stryker Brigade soldier, is the first commissioned officer to refuse to be deployed to Iraq. Watada's unit left this sprawling base for Iraq in June, but Watada remained behind. He said he believes the war is illegal and that his duty is to not abide by illegal orders.
But Head has tried to keep the court-martial from becoming a tribunal on the war and its legality and has ruled that Watada's attorney cannot present witnesses to question the war's legality. Outside the base, that has been the issue as peace activists from across the country have rallied to Watada's side.
Watada is charged with missing movement to Iraq and with two counts of conduct unbecoming an officer. Those last two charges result from statements Watada made against the war in a video tape released to reporters after he made his refusal to go to Iraq public and to a Veterans for Peace convention at the University of Washington.
He had been charged with two other counts of conduct unbecoming for interviews he gave. Prosecutors dropped those charged in return for Watada's signing a stipulation that he had given the interviews. He also acknowledged in the stipulation that he didn't go with his unit to Iraq, though he didn't admit his guilt to the missing movement charge.
With the jury of officers out of the courtroom Wednesday morning, Head wanted to question Watada about the stipulation to make sure that it was accurate and to protect the lieutenant against any mistakes in it. The stipulation would be used in instructions to the jury.
But Eric Seitz, Watada's attorney, objected to the questioning. He said the stipulation should include Watada's reasons for not going to Iraq: His views that the war is illegal.
"It has always been his position that not only would he miss movement but he would not participate in a war he considered illegal" and not participate in war crimes, Seitz said.
"His specific intent was of a different character all together" than simply missing his unit's deployment to Iraq, Seitz said.
But Head said he wanted to inquire about the stipulation to make sure there wasn't a "material misunderstanding" in it.
If Head can't question Watada and make sure the stipulation is accurate, he would have to throw the document out. That would mean the two charges that had been dropped would be returned against Watada.
And the judge said he might have to declare a mistrial.
With the court-martial delayed, the judge and lawyer tried to work out their differences to keep a mistrial from being declared.
Sounds like the judge is incapable of stopping the trial from degenerating into a left wing Bush hatefest.
Just in time for him to "fall out" of a Humvee in Sadr City.
I wonder what would happen to this guy he was shipped off to Iraq? Surely many of our troops do not look at his activities as being honorable by any stretch. Would anyone be willing to work with this guy?
If he doesn't want to go to Iraq send his butt to Afganistan.
The latrines would have no complaint I would imagine.
If a new trial were to go forth, the two dropped charges plus the charge for failure to obey a lawful order would be charged against him. Such would add to his punishment if convicted.
This coward joined after 9/11.
BTW, he says he's willing to serve in Afghanistan, but not Iraq. I'm willing to bet if we took him up on that and gave him orders to Afghanistan, he'd still be bawling like a b*tch.
Strip him of all rank, then ship his sorry butt over to Iraq.
Throw his a** on a plane and boogie to Baghdad.
&&
I don't think I would like our guys to have to serve with the likes of this piece of billclinton.
Well, at least John Kerry would have one guy to sit with him.
Exactly...And the two reporters that were crowing about their subpoenas being dropped would be issued subpoenas again. Those subpoenas were only dropped because Watada agreed to sign the statement admitting to what he said at the antiwar rally.
Judge Ito strikes again!
"Strip him of all rank, then ship his sorry butt over to Iraq."
When he arrives, give him a flashlight and tell him to go look for some IEDs.
He was offered a non-combat desk job in Iraq initially, but he refused even that.
Watata is guilty or not guilty - his reasons for disobeying orders and missing shipment are immaterial.
If he is found guilty, that testimony may be introduced along with other matters of extenuation and mitigation. Following the defendent's presentation of matters of extenuation and mitigation, each member of the court will enter a recommended sentence on a slip of paper which will be placed in a hat. The proposed sentences are drawn from the hat and sorted by severity; the court then begins to vote on each proposed penalty beginning with the least severe - the first proposed sentence that receives a majority vote is adopted.
So, the judge declares a mistrial and Watada gets a new judge and is court-martialed on two additional charges. Apart from a little lost time, what's the downside?
Let him declare his reasons before a firing squad.
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