Posted on 07/07/2007 8:23:12 AM PDT by jazusamo
Military judge also wont disqualify himself in case of Fort Lewis war protester
Lt. Ehren Watada suffered two losses in court Friday during the Armys second attempt at court-martialing him for refusing to deploy to Iraq last year. Military judge Lt. Col. John Head first refused to disqualify himself from the case, despite arguments from Watadas new attorneys that there is at least the appearance that Head cannot be impartial in this matter.
Head then ruled that trying Watada again wouldnt violate his constitutional right not to be prosecuted twice for the same crime, also known as double jeopardy.
Head is the same judge who declared a mistrial in Watadas first court-martial in February after he questioned whether the officer understood a pretrial agreement hed signed.
On Friday, Watadas new attorneys, Kenneth Kagan and James Lobsenz, immediately filed notice that they will appeal Heads decision on the double-jeopardy question to the Army Court of Criminal Appeals in Arlington, Va.
That action is sure to delay the start of Watadas second court-martial, which is scheduled to begin July 23.
Watada is charged with missing his units movement to Iraq in June 2006 and four counts of conduct unbecoming an officer for negative comments he made about President Bush and the war.
He faces up to six years in prison and dismissal from the Army if convicted.
Watada contends he had a duty to miss the flight with the 3rd Brigade, 2nd Infantry Division, now more than 12 months into a 15-month deployment in Iraq. He contends the war is illegal and that he would be party to war crimes if he participated in any way.
(Excerpt) Read more at thenewstribune.com ...
I say we ship his sorry ass to Iraq. Put him on the front lines. Let's see if our troops will support him in the line of fire as much as he's supported them.
What a pompous ingrate. I don't fight in Iraq either, does that make me brave too?
Probably the judge gave the impression that he would follow the law instead of making up a new law to suit this piece of **** defendant. These delays are a great waste of Soros' money. /sarc
He is a disgrace but I’m sure his troops that he refused to deploy with and are in Iraq right now don’t want his sorry rear end with them.
LOL! The judge definitely gave the impression his mind was made up about no double jeopardy.
Maybe Al-Qaeda needs a new recruit.
If I was in the front line in Iraq this would be the last officer I would want leading me, he would wind up either getting his own men killed or fragged.
Yep, and I will gladly mock them in my travels near Ft Lewis for the next round of protests.
Thanks for the state ping, sionnsar, I should have pinged you.
Thanks for what you and the others do up there, HG, it’s appreciated.
Was just discussing this weasel at Freedom Bridge on the 4th... How dare he be allowed to walk around free while some of our brave troops are handcuffed waiting their trial, ... accused by the enemy. Watada disgusts me.
Watada deserves the scorn of all Americans for what he is doing. His supporters try to make him a hero for being willing to suffer the consequences of his refusing to deploy with his men. He is a coward because he is not willing to suffer those consequences and the endless filings by his lawyers prove it.
Thanks for what y’all are doing at Freedom Bridge.
Muhamed Ali went through the same sort of ordeal when he refused to fight. He eventually regained his reputation where Watada probably will not. Of course he didn’t have to put up with the internet either.
While I certainly can’t say that I support his decision, he is showing some sort of courage. He may or may not be afraid to fight in Iraq, but he obviously isn’t afraid to fight here.
I remember the Ali thing well. While I could not agree with him about his refusing to serve and considered him cowardly at the time, I came to respect him for accepting the consequences.
Watada is not accepting those consequences.
Well, can you blame him for wanting to stay out of prison? He’s made his bed and now all he can do is try to work some of the lumps into a more comfortable position.
Watada enlisted, accepted a commission to lead men in the US Army and swore an oath.
He has reneged on all that because he believes this is an illegal war. It is not up to the individual troop to decide what is legal or illegal, if it was we wouldn’t have a military.
I might not blame him for wanting to stay out of prison but if he was a man of integrity, which he is not, he would be willing to suffer the conesequences of his illegal behavior.
While that has a certain visceral appeal - think of German and Russian army punishment battalions - it's a very bad idea: even as a private, his presence would possibly put some of our soldiers at greater risk than if they had a reliable soldier or officer with them. It's completely unacceptable that others should be injured for his very sorry ass.
Watada joined the U.S. Army during a time of war. Then he began protesting the war and refused to obey lawful orders. He is a liar and an opportunist. He should be tried for treason and sedition.
As far as I recall Ali was drafted. There’s a huge difference.
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