Iraq War Called Illegal by Lt. Watada - Chapter 2

[TuNnL]

Looks like members of Lt. Ehren Watada’s unit will have a chance to come back and observe his case, as the trial isn’t set to begin until July. His attorney promises action by April. Think the Army will try to deploy Watada before then?

[Miulang]

Re: Iraq War Called Illegal by Hawai‘i Army Lieutenant

Looks like members of Lt. Ehren Watada’s unit will have a chance to come back and observe his case, as the trial isn’t set to begin until July. His attorney promises action by April. Think the Army will try to deploy Watada before then?

In order to prevent double jeopardy, I think they'd have to order him to deploy again, but can they, now that technically he has fulfilled his time commitment to the Army?

Miulang

[Adri]

Re: Iraq War Called Illegal by Hawai‘i Army Lieutenant

In order to prevent double jeopardy, I think they'd have to order him to deploy again, but can they, now that technically he has fulfilled his time commitment to the Army?

Miulang

I would guess yes they can since he's still a part of the Individual Ready Reserve. I also think the commitment made when one volunteers to join the military extends to one's obligations under the IRR since that's part and parcel of the commitment made upon entering the military these days so I'm guessing a refusal to obey orders as part of the IRR will be treated as seriously as a refusal to obey orders in the "regular" military (leaving aside the arguments about the legality and legitimacy of those orders in the first place). But somehow I don't think the military will order him to Iraq just to have him refuse again since the military is still arguing that double jeopardy doesn't apply and it appears that the defense will have to prove gross misconduct by the judge or the prosecution to prevail on a double jeopardy claim. But the IRR commitment is for 5 years so I guess if the military does lose the double jeopardy issue they would probably have some time left to consider ordering Watada to Iraq again.

[1stwahine]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Watada has new legal counsel
http://www.honoluluadvertiser.com/ap...B9++WbHPdEc%3D

By William Cole
Advertiser Military Writer

"Army 1st Lt. Ehren K. Watada, facing a new military trial in July for refusing to deploy to Iraq, is heading into those upcoming proceedings with new legal counsel.

Honolulu attorney Eric Seitz, a longtime military defense lawyer who handled Watada's case largely for free through a mistrial in early February — garnering almost as much international media attention as his client in the process — confirmed he no longer represents the war-resisting soldier.

"I think the way to put it is I'm not representing him anymore and he's found another firm," Seitz said."

OMG! I wonda wat HAPPENED?!

According to his father ""I have the highest opinion of Eric Seitz," said Bob Watada, former executive director of the state Campaign Spending Commission. "But it's Ehren's decision."

Looks like Erin BOY changed his mind again just like all the odda times in his past! heheheh

Auntie Lynn

[ewatada]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Watada has new legal counsel
http://www.honoluluadvertiser.com/ap...B9++WbHPdEc%3D

By William Cole
Advertiser Military Writer

"Army 1st Lt. Ehren K. Watada, facing a new military trial in July for refusing to deploy to Iraq, is heading into those upcoming proceedings with new legal counsel.

Honolulu attorney Eric Seitz, a longtime military defense lawyer who handled Watada's case largely for free through a mistrial in early February — garnering almost as much international media attention as his client in the process — confirmed he no longer represents the war-resisting soldier.

"I think the way to put it is I'm not representing him anymore and he's found another firm," Seitz said."

OMG! I wonda wat HAPPENED?!

According to his father ""I have the highest opinion of Eric Seitz," said Bob Watada, former executive director of the state Campaign Spending Commission. "But it's Ehren's decision."

Looks like Erin BOY changed his mind again just like all the odda times in his past! heheheh

Auntie Lynn

Why would Ehren want to just spit out Eric after doing all that for him for free?
Uragiri janai chotto?

[1stwahine]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Why would Ehren want to just spit out Eric after doing all that for him for free?
Uragiri janai chotto?

Bwwaaaaaaaaaaaaa!!!!

[Miulang]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Why would Ehren want to just spit out Eric after doing all that for him for free?
Uragiri janai chotto?

His new legal team is Carney Bradley and Spellman, PS from Seattle. One of the principals of the firm, James Lobsenz, has experience in the appellate courts (appeals) at the State and Federal level. My guess is Watada's team is intending to take this all the way to the Supreme Court if they lose on appeal. His firm may also be doing pro bono work for the Watada trial.

Miulang

[1stwahine]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

His new legal team is Carney Bradley and Spellman, PS from Seattle. One of the principals of the firm, James Lobsenz, has experience in the appellate courts (appeals) at the State and Federal level. My guess is Watada's team is intending to take this all the way to the Supreme Court if they lose on appeal. His firm may also be doing pro bono work for the Watada trial.

Miulang

Double Bwaaaaaaaaaaaaaa!!!!!

[Leo Lakio]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Been a while...but the carousel keeps spinning:

Army Court Issues Partial Stay In Watada's 2nd Court Martial

SEATTLE -- The Army court of appeals on Friday issued a partial stay in the second trial for a Fort Lewis soldier who refused to go to Iraq and spoke out against the Bush administration.

The decision by the Army Court of Criminal Appeals in Arlington, Va., means the July 23 court-martial for 1st Lt. Ehren Watada will be on hold until the court reviews arguments from both sides.

source This might be where they resolve the "double jeopardy" argument of his defense team.

[TuNnL]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Oops, I missed this when it first came out, but an update: Apparently Judge Head has ruled a new trial would not violate Lt. Watada’s constitutional rights to avoid double-jeopardy. As expected, Watada’s attorneys will be appealing that decision, which should delay the second trial (currently scheduled for July 23) yet again.

[Adri]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Yeah, the double jeopardy ruling isn't a surprise but I was surprised that Seitz indicated the judge was incapable of taking the issue seriously. The judge had to have known that his decision would be scrutinized and appealed so I expect that the judge took the decision seriously.

Watada can try to take his case all the way to the Supreme Court but the Supreme Court justices can decline to hear the case, without comment if they so choose. I wonder if the Supreme Court would decide to hear it, if the Watada case made it that far?

[Miulang]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

The court martial has been postponed to Oct 9. By the time this actually goes to trial (after all appeals are heard), the trial might end up being moot anyway, if history changes course.

Miulang

[GeckoGeek]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

By the time this actually goes to trial (after all appeals are heard), the trial might end up being moot anyway, if history changes course.

They are not going to cancel the case just because they cancel the war.

The issue is not sending him to war. The issue is disobeying an order and his public statements. Those will stand regardless.

What could happen is his battle takes longer then the war and he ends up in jail in peacetime. If that happens, it will be most interesting to see who is friends are at that point. I suspect most war protesters will have celebrated their victory and moved on leaving him to face the consequences alone. Will the war protesters look out for their own once the mission is accomplished? It will be the real test of just how humanitarian they are, IMO.

[Adri]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Miulang can, of course, speak for herself but I took her comment about history changing its course to mean if, in hindsight, we Americans acknowledge/agree/decide (by our courts, by overwhelming public opinion, or by some combination of those and a number of other factors) that the military action in Iraq is in fact illegal then Watada's stands a good chance of not being tried because it would be his (and all other military personnels') duty not to obey unlawful orders. I didn't take what she said to mean that if our military pulls out of Iraq, the military won't bother to try Watada. I actually do not believe the military action is "legal" but I would be extremely surprised if there was some kind of holding/decision that was legally binding to that effect because of the effect it would have on all the others who served and sacrificed for their countries in Iraq.

[Miulang]

Re: Iraq War Called Illegal by Lt. Watada - Chapter 2

Yes, Adri. History will judge whether or not our efforts in the Middle East are as futile as our efforts were in Vietnam 40 years ago. Seems that we've come full circle once again. Except this time, we have soldiers (National Guardsmen---"part time soldiers"---at that) being deployed for their FIFTH tour because we don't have enough fresh boots on the ground, and that, to me, is a very serious crime against our own citizens who already have sacrificed so much for this country.

Of course the Army cannot just stop the court martial process because it would trivialize all that they stand for. But Lt. Watada will not be the last lemming to stop at the precipice of the cliff and question whether leaping off the edge is worth it, either.

Miulang