Re: Iraq War Called Illegal by Hawai‘i Army Lieutenant
Don't underestimate the complexity of the legal maneuvering here, folks.
Lt. Watada signed a statement admitting that he (a) made the speeches that were at the heart of the two dropped "conduct unbecoming" charges, and (b) did not board the plane taking his unit to Iraq. He did so because of his questioning of the legality of the war in Iraq. By mutual agreement, the Army dropped those two charges after Watada signed the statement.
But the judge declared that the legality issue could not be discussed in this court-martial. Watada argues that his legality concern was key to his reason for not boarding the plane (and for signing the statement admitting so) - but that can no longer be discussed in the court. Judge Head wants to ask Watada about his interpretation of the statement, defense attorney Seitz objects to the judge's questioning, the agreement is tossed out - and we have a mistrial.
The risk to Watada now is that the Army may choose to reinstate those other two charges, adding on a possible two more years of incarceration. The defense gains time to restructure their case, however, since it was originally built on the not-to-be-discussed legality issue.
I wouldn't be surprised if the defense asks for a new judge to oversee the case, too. This is gonna stretch out for a lot longer than expected; such are the machinations of the legal world. Much of it is outta the Lieutenant's hands now.
Don't underestimate the complexity of the legal maneuvering here, folks.
Lt. Watada signed a statement admitting that he (a) made the speeches that were at the heart of the two dropped "conduct unbecoming" charges, and (b) did not board the plane taking his unit to Iraq. He did so because of his questioning of the legality of the war in Iraq. By mutual agreement, the Army dropped those two charges after Watada signed the statement.
But the judge declared that the legality issue could not be discussed in this court-martial. Watada argues that his legality concern was key to his reason for not boarding the plane (and for signing the statement admitting so) - but that can no longer be discussed in the court. Judge Head wants to ask Watada about his interpretation of the statement, defense attorney Seitz objects to the judge's questioning, the agreement is tossed out - and we have a mistrial.
The risk to Watada now is that the Army may choose to reinstate those other two charges, adding on a possible two more years of incarceration. The defense gains time to restructure their case, however, since it was originally built on the not-to-be-discussed legality issue.
I wouldn't be surprised if the defense asks for a new judge to oversee the case, too. This is gonna stretch out for a lot longer than expected; such are the machinations of the legal world. Much of it is outta the Lieutenant's hands now.
Comment