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 ...
Liar and opportunist about what?
As for treason, in what way? Watada didn't communicate with the "enemy", revealing secrets, like Benjamin Arnold.
Sedition? I don't see him advocating rebellion against the government.
Liar and opportunist about what?
Did he or did he not join during the war?
After joining during a time of war; did he or did he not repeat the “code pink” creed - “Bush lied, this war is illegal and immoral...”
As for treason; do you believe his actions have the potential to demoralize soldiers who are junior in rank to him? Are the public statements made by him capable of encouraging the enemy?
It seems to me he is another Kerry wannabe who is building his “political capital.”
Comparing apples and oranges. Ali was drafted! Watada joined the military and became an officer. No comparison whatsoever!
You mean Benedict Arnold?
The guy joined the Military, got the training, the schools, pay and benefits which come with the job. He is an officer, and is supposed to lead by example.
The Military will likely make an example of him.
Failure to do so would be to allow a serious breach of military discipline, something which could only lead to more problems down the line.
Watada, a commissioned officer in the US Army actually did communicate with the enemy indirectly through the antiwar establishment and the media by telling them this is an illegal war. He gave them aid and comfort in a time of war.
Same month, at least. March 2003. He said he initially believed in the Iraq invasion.
After joining during a time of war; did he or did he not repeat the code pink creed - Bush lied, this war is illegal and immoral...
He says he did come to believe those 3 items, yes. I don't think he said anything public until the Army twice refused to either let him serve in combat in Afghanistan or resign his commission.
I don't see lying or opportunism yet. Possible, though.
As for treason; do you believe his actions have the potential to demoralize soldiers who are junior in rank to him? Are the public statements made by him capable of encouraging the enemy?
Yes to both, but neither rise to treason.
It seems to me he is another Kerry wannabe who is building his political capital.
Perhaps. But to emulate Kerry, he'd have to put himself in combat danger first, then have his "crisis in conscience".
Benedict, Secret Agent. Not teaching history in spy school these days?
Americans should have and do have the freedom argue the illegality of the Iraq invasion without risking treason charges.
Thanks.
The guy joined the Military, got the training, the schools, pay and benefits which come with the job. He is an officer, and is supposed to lead by example.
The Military will likely make an example of him.
Failure to do so would be to allow a serious breach of military discipline, something which could only lead to more problems down the line.
I agree with all of the above.
Sorry. I opted for the elective in diversity quilting that quarter.
True and he is not being tried for treason but the one count of missing a movement and four counts of conduct unbecoming an officer will be proved not because he is an American but because he swore an oath upon entering the Army, an oath which he broke.
It's only my opinion but I do feel he should face charges of treason. He signed a contract which he didn't fulfill in a time of war and gave aid and comfort to the enemy.
Not with me it wouldn’t but his antiwar cronies would probably scream bloody murder. LOL!
What about variations? Imagine Watada obeyed his orders to deploy to Iraq, but made the same illegality argument, in civilian uniform, before deployment.
Members of the U.S. Armed forces are held to a higher standard then private citizens when it comes to their behavior. The behavior in question includes political acts and speech.
When dirt bags like Watada give comfort to the enemy at the expense of loyal members of the armed forces they are abusing their freedom.
Perhaps we don’t interpret these things the same way but it looks like treason to me.
Sorry. I opted for the elective in diversity quilting that quarter.
LOL! I like your sense of humor even though I disagree with your opinions.
Imagine Watada obeyed his orders to deploy to Iraq, but made the same illegality argument, in civilian uniform, before deployment.
He is still a Commissioned Officer in the United States Army. He is still liable for his behavior.
What are they putting in the water in the state of Washington?
Thanks.
News on the Home Front....ping
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