Court-Martial Looms for War Objector

[leobold1]

My Way News - Court-Martial Looms for War Objector

Feb 5, 3:10 AM (ET)

By MELANTHIA MITCHELL

SEATTLE (AP) - Anti-war activists consider 1st Lt. Ehren Watada a hero for his refusal to go to Iraq. The Army accuses him of betraying his fellow soldiers.

At a court martial Monday at Fort Lewis, south of Seattle, 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.

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 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."

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On the Net:

Watada supporters: Thank You Lt. Watada - BREAKING NEWS

[Woodmonkey]

I hope this cowardly sleeze is found guilty and actually serves some hard time. I also hope that he gets a dishonorable discharge.

[m60-gunner]

The man took the oath. I did'nt like everything I had to do while in service, but it was my duty. This is a time of war. Whether you like our position or not if you took the oath it is your responsabilty to uphold it, without question.
He should be exacuted by firing squad. It may seem a little over the top but I love my country. I may not agree with a lot of things it has done, but I took a oath and to me it lasts a lifetime.

[ptco911]

Ft Leavenworth USDB is looking for a few more with yellow running stripes on their backs. He belongs in prison and a dishonorable discharge after that. He is definitely a Sean Penn type leader. Speak of that rat face, he called the Courts Martial a kangaroo court.

Just another media circus for the far left. Cindy Sheehan will probably ask to adopt the coward.

[Manchu34]

I think that 4 years at Leavenworth USDB will not be long enough and to good for him. What will make it worse is the fact he will go there as an officer and can not be made to do any work that an officer. such as hard labor that an enlisted/ NCO prisoner could be made to do.

Personally, I think he should be drawn, quartered, and the 4 pieces shipped to 4 different parts of the world.

[ptco911]

Originally Posted by Manchu34

I think that 4 years at Leavenworth USDB will not be long enough and to good for him. What will make it worse is the fact he will go there as an officer and can not be made to do any work that an officer. such as hard labor that an enlisted/ NCO prisoner could be made to do.

Personally, I think he should be drawn, quartered, and the 4 pieces shipped to 4 different parts of the world.

I believe if convicted, he will be reduced to the rank of PVT E1, with forfeiture of all pay and allowances during the four years of the sentence and should be discharged dishonorably following that.

[Carnage_59]

Originally Posted by Manchu34

I think that 4 years at Leavenworth USDB will not be long enough and to good for him. What will make it worse is the fact he will go there as an officer and can not be made to do any work that an officer. such as hard labor that an enlisted/ NCO prisoner could be made to do.

Personally, I think he should be drawn, quartered, and the 4 pieces shipped to 4 different parts of the world.

That's not true. Sentencing for a general court-martial can remove rank all the way down to E-1, forfeiture of all pay and allowances while in USDB custody.