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Lt. Ehren Watada Wins Victory; Legal Limbo Continues

Thursday 14 May 2009

by: Sari Gelzer, t r u t h o u t | Report

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The Justice Department has decided to drop its attempt to retry Lt. Ehren Watada for refusing to deploy to Iraq. (Photo: F.L. Morris / The Honolulu Star-Bulletin)

    Editor's Note: Truthout reporter Sari Gelzer worked on Truthout's original reporting of the announcement by Lt. Ehren Watada that he would refuse deployment to Iraq. Gelzer was threatened by the US Army with a subpoena, which sought to compel her to testify about her coverage of Watada's announcement. Her video of the event became a key piece of evidence in the Army's case against Watada. Gelzer rebuffed the Army's request for testimony against Watada. - ma/TO

    In a victory for Lt. Ehren Watada, the Justice Department decided last week that it would drop attempts to retry the officer for his refusal to deploy to Iraq.

    Watada's lawyer, James Lobsenz, believes the decision was a case of legal realism. "They were going to have a really difficult time explaining why double jeopardy wasn't violated," said Lobsenz in reference to Watada's first court-martial, which ended in mistrial and would have violated his Fifth Amendment right to not be charged for the same crime twice.

    Watada faces two remaining charges stemming from his public statements on the illegal and immoral nature of the Iraq war. The fate of Watada's continued legal limbo is currently in the hands of Fort Lewis officials who will decide how to proceed with the charges of conduct unbecoming an officer.

    It has been almost three years since Watada became the first commissioned officer to publicly refuse to go to Iraq. His decision was not that of a conscientious objector opposed to war in general, but of an officer who felt that participating in the Iraq war was akin to committing a crime. After being denied a resignation from the US army, Watada refused to deploy to Iraq in June 2006 due to his belief that the war violated international and US constitutional laws.

    "It is my conclusion as an officer of the Armed Forces that the war in Iraq is not only morally wrong but a horrible 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 public statement.

    Jeff Paterson of Courage to Resist, an organization that supports military resisters, including Watada, believes that the officer's stance had a profound impact on military members and American citizens.

    "Ehren Watada was instrumental in putting the issue of the legality of the Iraq war front and center for not only military resisters but for activists in general at a time when it wasn't as widely discussed as it is today," said Paterson.

    Watada's lawyers attempted to raise the issue of the legality of the war in the initial court-martial, since it was Watada's basis for refusing to deploy. However, the military judge ruled against the defense attorney's attempts to bring in scholars as witnesses to testify to the illegality of the war.

    Watada's former attorney, Eric Seitz, told Time magazine that he believed the main reason the mistrial occurred was because the military didn't want to discuss the reason behind Watada's decision not to deploy: "I think whenever a prosecutor tries to keep out the substance of why a person acted, when it relates directly to the charges that are there, it creates an untenable series of contradictions."

    Lobsenz, Watada's current lawyer, says he is hopeful that "the Army will decide not to attempt to resuscitate the other two charges and go forward with them."

    Lobsenz's hope is based on the belief that the charges aren't very strong.

    "One because there is a strong argument that they are also barred by double jeopardy. And two, there is a strong argument that they are barred by a doctrine about breach of a plea agreement," said Lobsenz.

    In addition, Lobsenz argued that Watada's First Amendment rights also give reason for the remaining charges against Watada to be dropped.

    Watada's public stand against the US military has been the strongest of its kind to this date, commented Paterson.

    "Until a whole unit refuses to fight, I don't think there is any individual case that's going to resonate like Ehren's," said Paterson.

    Watada's lawyer said that he is focused on his client's future. Once these charges are dropped, Lobsenz said, Watada can "get around to figuring out a way in which he can end his military service and get on with life in the civilian sector."

  

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Sari Gelzer is an editor and reporter for Truthout.

Comments

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Ehren Watada deserves The

 Thu, 05/14/2009 - 22:13 β€” Anonymous (not verified)
Ehren Watada deserves The Congressional Medal of Honor. He is the only Officer of the U.S. Military who has shown any Honor.

A hero for the last three

 Thu, 05/14/2009 - 22:58 β€” Maia Nilsson (not verified)
A hero for the last three years and an example of courage forever. Bravo, Mr. Watada!

Thank you (again)

 Thu, 05/14/2009 - 23:14 β€” S. Wolf Britain (not verified)
Thank you (again) Lieutenant! The stand you took was exceedingly courageous, particularly knowing, as I'm sure you knew, that you could have been "fragged", and still could for such a stand, since most members of the military have had their brains washed with the false belief in contradiction and violation of the Code of Military Conduct that they're allegedly always supposed to obey orders, no matter what, no matter if they're unconstitutional and/or a violation of international law(s). Therefore, for you to have taken that stand, putting yourself in extreme danger thereby, and putting your very life and liberty on the line against completely illegal orders, makes you a True American and the opposite of a coward; for, if you had agreed to deploy in violation of law and your conscience, THAT would have made you a real coward and a criminal, so I and many other people highly admire you for your moral courage and fortitude. Thank you, once more, for your stand as a True American Patriot, for you bravery, and for highlighting the extreme illegality of the Iraq war.

Lt. Watada is my hero. He

 Thu, 05/14/2009 - 23:15 β€” Anonymous (not verified)
Lt. Watada is my hero. He did the right thing, it is sad that more did not follow his example. If they had we could have possibly prevented the horrible mess we find ourselves in now and the immeasurable losses of the Iraqi people and the GI's returning home with psychological and physical problems, broken lives and families. Lt. Watada remembered the lessons of Nuremberg, that "I was just following orders" is no excuse for doing the morally offensive. I wish him well. Now the government should do the right thing and let him get on with his life.

This man has displayed more

 Thu, 05/14/2009 - 23:28 β€” Anonymous (not verified)
This man has displayed more courage, dignity and awareness in this war than any of those who have blindly participated.

Ehren Watada, You are a

 Fri, 05/15/2009 - 00:14 β€” Leslie Hunter (not verified)
Ehren Watada, You are a bright light in this long dark tunnel of war and war crimes committed by the United States of America. Thank you for your unflinching courage; thank you for standing up for the most noble of causes, the truth. Thank you for your service to the civilian people of the United States and Iraq, especially the children.

Message to Ehren Watada:

 Fri, 05/15/2009 - 00:14 β€” Jan Boudart (not verified)
Message to Ehren Watada: Thank you, thank you, thank you. I wish I could do something to end the war.

Is the supreme court

 Fri, 05/15/2009 - 00:19 β€” Anonymous (not verified)
Is the supreme court decision of Watanda's exoneration a testimony to the validity of Watanda's claims? Can others now follow without retribution?

Thank you, Lt. Watada for

 Fri, 05/15/2009 - 00:48 β€” Philothea (not verified)
Thank you, Lt. Watada for questioning the legality of this war. I had hoped this would lead many more to question the war. I salute you for standing up for your principles and risking imprisonment. I am glad you have been exonerated. You have nothing to be ashamed of, and I wish you the best in the future.

I have made a protest

 Fri, 05/15/2009 - 01:08 β€” Anonymous (not verified)
I have made a protest against the use of Depleted Uranium weapons in the Iraq War. Their use leaves behind residual radioactivity for 4.5 billion years and is contrary to the Geneva Conventions. They injure civilian children who are non-combatants. That they can continue to do this regardless of protests is further evidence of their inflexibility in the face of ethics and moral questions. I think Lieutenant Watada did the morally and pragmatically right thing!

"Ehren" means "honors" (n)

 Fri, 05/15/2009 - 01:52 β€” Ingrid Shafer (not verified)
"Ehren" means "honors" (n) or "to honor" (v) in German. What an appropriate bane for this honorable man! In a way, this is what we should learn from the Nuremberg trials.

Lieutenant Watada, your

 Fri, 05/15/2009 - 02:47 β€” Anonymous (not verified)
Lieutenant Watada, your stance is one of few in this particular conflict, but one of many in past conflicts, around the world, around the ages. You will be remembered as a hero. May you have peace and serenity in years ahead. A military man of conscience, in this day and age, imagine! Lt. Watada energizes me to continue to protest at recruitment sites and war toys "fairs".

I am sad to see the words at

 Fri, 05/15/2009 - 03:07 β€” Cynthia (not verified)
I am sad to see the words at the end of the story that the lieutenant is thinking of ending his military service--his is exactly the type of patriotism and example that we need in the U.S. Army, where I was raised. My father would be proud that duty, honor, and country, in that order, were so served, and would urge Lt. Watada to consider staying in the service.

Anyone being inducted into

 Fri, 05/15/2009 - 04:15 β€” mysterioso (not verified)
Anyone being inducted into the US military is required to take an oath to defend the constitution of the United States of America. That's it. Not the flag, not the country, not the citizens - but a list of laws. This constitution can be picked up and flown to the farthest planet in the galaxy, tacked to a wall and you will have America. These laws make our country the great nation it is and will continue to be as long as Lt. Watada and others like him remember that we are a nation of laws and those laws must be honored.

I must say, this is very

 Fri, 05/15/2009 - 04:26 β€” F. Rogier (not verified)
I must say, this is very encouraging news for somebody like me who has given up on any hope for justice in this world. What a wonderful piece of news to get! I hope the army will not be foolish enough to persecute Lt. Watada further for commenting on the illegal and immoral nature of the Iraq war. Surely that is a MOOT point, like nothing else has ever been moot in the entire history of moot! On the other hand, the ensuing court discussion could be very helpful to the cause of peace and justice for all those harmed by this detestable "war" i.e. invasion and occupation. Bravo to a truly courageous soul and to his family and supporters!! If even a fraction of US armed forces officers had a fraction of his integrity, we would not have the blood of this and other terrible atrocities on our hands.

Lt. Watada, thank you for

 Fri, 05/15/2009 - 04:28 β€” Anonymous (not verified)
Lt. Watada, thank you for your courage and great moral values. You were not afraid to come forward and stand for your convictions. You are truly my hero! Thanks again and best of luck.

Someone recently asked me,

 Fri, 05/15/2009 - 05:56 β€” Anonymous (not verified)
Someone recently asked me, "What is a hero?" Ehren Watada along with Augustin Aguayo and others are heros. Courage beyond the call of duty to humanity. THANK YOU, THANK YOU, THANK YOU! Happy trails.

I am very proud of Lt.

 Fri, 05/15/2009 - 17:21 β€” Eilish (not verified)
I am very proud of Lt. Watada's courage of conviction. It is my belief that signing up for military service cannot require blind obedience. Is this America, democracy, freedom? Our soldiers should never be forced to die in a war that they feel to be of unjust origin. So many of them go to war with faith that their government is sending them on a righteous endeavor. At any time a soldier deems his service to be misused by the American President, he should be allowed to lay down arms and object without fear of persecution. Were this the case we would certainly be avoiding these horrific travesties of war. There isn't a soldier to be found who won't protect our country from any attack, and Americans are famous for rallying to our country in times of crisis. We needn't be afraid that this clause in a service contract would cause our nation to be left defenseless. The right to lay down arms just might garner the U.S. soldier the respect of the world, with the honor and dignity he/she so richly deserves.

Ehren Watada should be

 Fri, 05/15/2009 - 19:13 β€” granny (not verified)
Ehren Watada should be assigned to visit President Obama's office everyday to remind the President of the courage he should exercise in taking on the sneering, hateful former oresident and vice president. He should be assigned to tell Obama how very difficult it was to do what he did, and how hard it must have been to be brave amid the threats aimed at him. Maybe he should become a counselor to the President - on being true to himself and his promises.

With regards to the previous

 Sat, 05/16/2009 - 02:08 β€” Anonymous (not verified)
With regards to the previous post "He is the only Officer of the U.S. Military who has shown any Honor," please remember Major General Anthony Taguba, who made the report on Abu Ghraib. Interesting that neither of these men is white. Thank you, Gentlemen, for so beautifully representing what the best of our country is about - real courage and real integrity in the face of fear and mass hysteria. We all owe you a never ending debt of gratitude.

Lt. Watada is an inspiration

 Mon, 06/15/2009 - 21:34 β€” Anonymous (not verified)
Lt. Watada is an inspiration to us all as an honorable man of integrity who takes the time to study the issues and has the courage to stand up for his convictions. His intellect is unquestionable, so he was obviously aware of the consequences of noble actions. The Bush administration is noted as one of labeling, name-calling, and emtional responses to calls for "patriotism." Serious debate and discussion over issues were drowned out and dissenters were vilified and labeled as "unpatriotic." It takes men of courage and intellect like Ehren Watada to make a difference. His detractors should study the issues and their merits instead of looking at everything simplistically, which is how America ended up in such a quagmire.

Lt. Watada is a man of

 Mon, 06/15/2009 - 21:50 β€” Anonymous (not verified)
Lt. Watada is a man of substance and courage. There was a call for him to remain in the army to serve his country, but it is impossible to make a difference in an environment where power rather than logic and reason rule. Lt. Watada should go to law school and run for Congress. He is clearly a model of what America stands for and we already know he has the courage to stand up for what is right. We need a man of his integrity and intellect in Congress. America needs men and women who understand the ideals upon which this country was founded and are unafraid to defend those ideals. Congress needs men and women who won't settle for business as usual and want change the way the country is run from a "what's in it for me?" mentality to a mentality of true service. There is no way we can thank you enough, Lt. Watada. Ever. You will go down in the annals of American history as a true hero. You embody American ideals, the ones that made America great. America needs men like you so there can be hope once again in the world that men with hearts of service and minds of reason lead America. Only a true patriot who loves his country would endure what you have to endure to protect the laws and ideals upon which this country was built. Your story and your reasoned presentation of facts should be taught in every American history class, every American civic class, so that America will once again have a populace of people who look at issues beyond the surface, who study and look to facts before acting. That's the only way America can prevent what happened in this disgraceful period of American history from ever happening again.

If this reporter's

 Mon, 07/20/2009 - 03:50 β€” pallas_athena2 (not verified)
If this reporter's characterization of Lieut Watada's lawyer are correct, he does not appear to understand what a mistrial is or why Double Jeopardy does not attach. http://en.wikipedia.org/wiki/Double_jeopardy#Exceptions I Lieut. Watada's trail, the prosecution was basing the case entirely on stipulations of fact by Lieut Watada. There was a disagreement as to whether he understood that he had stipulated to having a duty to deploy. The prosecution then sought a mistrial, which would have allowed them to start over again with other evidence. For whatever reason, the prosecution decided not to go forward a second time.