Flashermac Posted February 5, 2007 Report Share Posted February 5, 2007 Court-Martial Looms for War Objector 4 Feb 2007 By MELANTHIA MITCHELL SEATTLE (AP) - Denied a chance to debate the legality of the Iraq war in court, an Army officer who refused to go to Iraq now goes to trial hoping to at least minimize the amount of time he could serve if convicted. Anti-war activists consider 1st Lt. Ehren Watada a hero, but the Army accuses him of betraying his fellow soldiers. The 28-year-old faces four years in prison if convicted on one count of missing movement and two counts of conduct unbecoming an officer for refusing to ship out with his unit, the 3rd Brigade, 2nd Infantry Division. Watada has spoken out against U.S. military involvement in Iraq, calling it morally wrong and a breach of American law. "As the order to take part in an illegal act is ultimately unlawful as well, I must as an officer of honor and integrity refuse that order," Watada said in a video statement released at a June 7 news conference. Despite having already been charged, he spoke out again in August, at a Veterans for Peace rally in Seattle. "Though the American soldier wants to do right, the illegitimacy of the occupation itself, the policies of this administration, and the rules of engagement of desperate field commanders will ultimately force them to be party to war crime," Watada said then. Watada and his Honolulu attorney, Eric Seitz, contend his comments are protected speech, but Army prosecutors argued his behavior was dangerous to the mission and morale of other soldiers. "He betrayed his fellow soldiers who are now serving in Iraq," Capt. Dan Kuecker said at one hearing. Kuecker has not commented on the case outside of court. Seitz unsuccessfully sought an opportunity to argue the legality of the war, saying it violated Army regulations that specify wars are to be waged in accordance with the United Nations charter. His final attempt was quashed last month when the military judge, Lt. Col. John Head, ruled Watada cannot base his defense on the war's legality. Head also rejected claims that Watada's statements were protected by the First Amendment. The Army had subpoenaed two journalists who interviewed Watada, drawing criticism from free-press advocates, but that fell by the wayside as prosecutors dropped two of the four counts of misconduct in exchange for Watada admitting he made statements to freelance journalist Sarah Olson and Greg Kakesako of the Honolulu Star-Bulletin. "This should be seen as a victory for the rights of journalists in the U.S. to gather and disseminate news free from government intervention, and for the rights of individuals to express personal, political opinions to journalists without fear of retribution or censure," Olson said in an e-mail message. Military law experts said that, by confining themselves to the missing movement charge, prosecutors might have saved themselves from arguing some of the legal issues relating to free speech. "It's desirable that they're abandoning the path of using reporters as witnesses," said Eugene Fidell, president of the National Institute of Military Justice in Washington, D.C. "It's a very toxic strategy." Fidell wasn't surprised, however, that the government rejected a deal offered by Seitz that would have had Watada serve only three months confinement with a dishonorable discharge. "Why should they? He missed a movement of his unit," he said. "No army can tolerate officers refusing to move with their unit." Link to comment Share on other sites More sharing options...
Flashermac Posted February 5, 2007 Author Report Share Posted February 5, 2007 He already rates a listing in the Wikipedia? http://en.wikipedia.org/wiki/Ehren_Watada Link to comment Share on other sites More sharing options...
cavanami Posted February 5, 2007 Report Share Posted February 5, 2007 He wears the uniform. He takes the pay. Now he refuses an order??? Farkin' piece of crap! Link to comment Share on other sites More sharing options...
Flashermac Posted February 5, 2007 Author Report Share Posted February 5, 2007 He's willing to pay the price though. Gotta give him credit for that. Odd that he didn't graduate from university until he was about 25. Is something being left out of the story? And note that his father refused to serve in the VN War. Has daddy been bending his ear? Link to comment Share on other sites More sharing options...
bust Posted February 5, 2007 Report Share Posted February 5, 2007 The truth is he was willing to serve his country, just refused to participate in the "illegal war" in Iraq Link to comment Share on other sites More sharing options...
Bangkoktraveler Posted February 6, 2007 Report Share Posted February 6, 2007 Is this a story of one man with balls? Did the US actually declare war on Afghanastan and then later Iraq? Link to comment Share on other sites More sharing options...
Hugh_Hoy Posted February 6, 2007 Report Share Posted February 6, 2007 I think the truth is that he was willing to serve his country under HIS conditions. Nobody forced him to enlist. HH Link to comment Share on other sites More sharing options...
Flashermac Posted February 6, 2007 Author Report Share Posted February 6, 2007 A lot of it comes down to avoiding a legal precedent. The guy is probably right about Iraq, but the military can't very well have a situation where its members can decide whether or not they want to go into a war zone. The military structure by definition is NOT democratic. It is hierarchical. Orders come down and you follow them. The suspect Army is going to come down hard on this LT, and then after a while probably quietly give him an early release from the stockade. Link to comment Share on other sites More sharing options...
Flashermac Posted February 6, 2007 Author Report Share Posted February 6, 2007 p.s. I was an Army instructor when Desert Shield/Desert Storm took place in 1992. We were shocked at some of the supposedly career officers who tried to resign when they got orders to go. And there wasn't any question about legality that time around. Link to comment Share on other sites More sharing options...
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