MISTRIAL – Lt. Ehren Watada case thrown out

Just in case you haven’t heard (AlterNet), An Army judge has declared mistrial in the court martial of Lt. Ehren Watada, who can’t be retried for the same charges.” More from the article below:

When the Army judge declared a mistrial over defense objection in 1st Lt. Ehren Watada’s court martial on Wednesday, he probably didn’t realize jeopardy attached. That means that under the Double Jeopardy Clause of the Constitution, the government cannot retry Lt. Watada on the same charges of missing movement and conduct unbecoming an officer.Lt. Watada is the first commissioned officer to publicly refuse orders to deploy to Iraq. He claimed those orders were unlawful because the war is illegal and he would be an accomplice to war crimes if he followed them.

The judge refused to allow me and others to testify as expert defense witnesses on the illegality of the Iraq war and the war crimes the Bush administration is committing there.

The Uniform Code of Military Justice sets forth the duty of military personnel to obey only lawful commands. Article 92 says: “A general order or regulation is lawful unless it is contrary to the Constitution, the law of the United States ”

Lt. Watada said at a June 6, 2006 press conference in Tacoma, Washington, “The war in Iraq is in fact illegal. It is my obligation and my duty to refuse any orders to participate in this war.” He stated, “An order to take part in an illegal war is unlawful in itself. So my obligation is not to follow the order to go to Iraq.”

(The article continues…)

Justice, for now.


6 Responses to MISTRIAL – Lt. Ehren Watada case thrown out

  1. steve franco says:

    Incredable good news regarding the outcome of this trail.
    This is the best news recently!
    I am shocked and elated and encouraged to stand up……

  2. malcontent says:

    Yes, this is a rare bit of good news.

    We should always stand up and support each other in challenging times. The loudest outcry always starts with one voice.

  3. A.Citizen says:

    Watada refused to back down on his claim that the order directing him to The MeatGrinder was illegal.

    The judge blinked.

    This is a great lesson in how refusing to go along with the program can bring the system to a halt.

    Stand up for yourself and every other American every time the ReichWing attempts to take charge.

    There is no better way to fight for freedom.

  4. Jay says:

    Note to self: Don’t let kids go to college in Hawaii. He was duped? No, just a coward. He signed atleast 18 different pages of committments for what ultimately got him his education for free. Don’t think we should waste jail space on this guy, but definitely should be forced to pay back all pay and educational grants that the taxpayers fronted with the expectation that he would fulfill his responsibility. This has nothing to do with supporting or sabotaging the war effort. It has everything to do with a coward that will never follow through on any committment that puts him at risk. Put him on the Mexican border, give it a couple months and I’ll bet DHS will have him in jail for a lot longer period of time.

  5. A.Citizen says:

    Watada correctly refused to follow an illegal order to participate in an illegal war, as the UMJ requires, what part of that do you have trouble understanding?

    That is why the judge declared a mistrial. He was too chickenshit to allow the case to be argued on that basis. Just like Preznint CodPiece has been too big of a coward to ask for the citizenry to support his war. I wonder, given that it appears you support the war, if you are in the military and if not.

    Why not?

  6. tekstone says:

    Yeah, that’s an excellent point, Citizen. If Jay would call a soldier with integrity and a rock-solid core of values a “coward”, then Jay should definitely be commenting on our humble blog from the Green Zone, Iraq… or better yet, Ramadi (with personal armour he had to purchase himself because the army wouldn’t buy it for him).

    In fact, don’t the members of the military all take a vow to protect the country and the Constitution from enemies both foreign AND domestic. I don’t know if Jay would fall under that domestic enemy category, but I do know a bunch of Republicans that certainly would. I’m thinking that the US military should earn their free educations by invading Washinton, D.C. and shooting every last one of them.

    A final word off topic: higher education should be free for ALL Americans anyway – as should health care. period.

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