1st Lt. Ehren Watada to be court martialed today

[Breeze54]

Court-Martial Looms for War Objector

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070205/APA/702050594

By MELANTHIA MITCHELL (Associated Press Writer)
From Associated Press
February 05, 2007 3:10 AM EST

SEATTLE -

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.


1st Lt. Ehren Watada poses for a picture in his Lacey, Wash., apartment, Friday, Feb. 2, 2007.
Watada announced last June that he would refuse to go to Iraq with his unit, the 3rd Brigade, 2nd
Infantry Division. Now the 28-year-old Watada faces four years in prison if convicted on one count
of missing movement and two counts of conduct unbecoming an officer. His court-martial is set to
begin Monday at Fort Lewis, south of Seattle. (AP Photo/John Froschauer)

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."

---

On the Net:

Watada supporters: http://www.thankyoult.com/

[133724]

1. .

[Breeze54]

6. Great pic!

Any news yet?

[youngdem]

2. So I guess Bush's AWOL trial will start shortly then?

I mean, equal protection/enforcement under the law and all, right? :sarcasm:

:crickets:


Hmmmm.....perhaps no.

[Breeze54]

12. The * frog march would be awesome!

Welcome to DU, youngdem! :hi:

[Peace Patriot]

3. Ah, me! And where he really should be going is to the White House, because

never in this country has any American citizen better understood what good government is.

[deutsey]

4. Interview on DemocracyNow!

http://www.democracynow.org/article.pl?sid=07/01/23/1530235

AMY GOODMAN: It’s good to have you with us. First of all, explain why you have refused deployment and when you refused.

LT. EHREN WATADA: Well, basically, back in January of 2006, even before that, maybe a few months prior to that, in my preparation for deployment to Iraq, in order to better train myself and my soldiers, I began to research the background of Iraq, including the culture, the history, the events going on on the ground and what had led us up into the war in the first place, and what I found was very shocking to me and dismaying, and it really made me question what I was being asked to do, and it caused me to research more and more. And as I found out the answers to the questions I had, I became convinced that the war itself was illegal and immoral, as was the current conduct of American forces and the American government on the ground over in Iraq. And as such, as somebody who has sworn an oath to protect our Constitution, our values and our principles, and to protect the welfare and the safety of the American people, I said to myself that's something that I cannot be a part of, the war. I cannot enable or condone those who have established this illegal and immoral policy. And so, I simply requested that I have my commission resigned and I separate completely from the military, because of those reasons, and I was denied several times, and I was basically given the ultimatum, “Either you deploy to Iraq or you will face a court-martial.”

MORE...

[roody]

5. k

[Breeze54]

7. Watada court-martial begins - Sean Penn waits outside with protestors

http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document_id=2003557744&zsection_id=2002111777&slug=webwatada05m&date=20070205

Watada court-martial begins

Monday, February 5, 2007 - 12:00 AM

By Hal Bernton and Nancy Bartley
Seattle Times staff reporters

The court-martial of 1st Lt. Ehren Watada began this morning at Fort Lewis
as his supporters rallied outside the Army base.

Since he announced his decision to refuse a deployment order last spring,
Watada has emerged as one of the nation's most renowned military war resisters.
At peace rallies, conferences and other events, he has denounced the Bush
Administration's conduct of the war, and said his participation could make
him a party to war crimes.

The court-martial will try Watada both for his actions, and his outspoken attacks
on the Bush Administration and the military, which the Army charges as conduct
unbecoming an officer.

As the court-martial began, anti-war activists converged outside the fort for vigils
and rallies in support of Watada.

By late morning protesters were setting up in a park a few blocks from the fort's main gate.

Many trucks and cars arriving at the park bore anti-Bush bumper stickers. A charter bus
from Portland drove up and a stream of Watada supporters emerged carrying signs.
One sign said, "Thank you Ehren Watada."

The Watada supporters walked to a nearby overpass where they waved American flags.

Hollywood actor Sean Penn was among the Watada supporters who showed up for the event.

A small group of people who oppose Watada and what he stands for were also there,
including Nancy Robertson from Cashmere in Chelan County.

"When my daughter did her first tour of duty (in Iraq), all they were showing on TV
was anti-war protests," Robertson said. "I don't want her to think no one supports her.
I'm very proud of her."

Her daughter, 27, is a tank mechanic doing her third tour of duty.

A group of men who also oppose Watada and the protesters had a sign that said,
"Islamo-fascists love leftists."

The court-martial is expected to finish before the week's end, with a panel of
Fort Lewis officers serving as the jury.

Watada faces a maximum sentence of up to four years in prison if convicted on all charges.
If the panel finds Watada guilty on any charge, the court-martial will enter a second phase
to determine the length of his sentence.

Watada, a native of Hawaii, was Eagle Scout in his youth. He joined the Army in the spring
of 2003, and at Fort Lewis was assigned to the 3rd Brigade, 2nd Infantry Division, which
deployed last June to Iraq.

After joining the Army, Watada said he became convinced that the Iraq war was an illegal
action that violated the United Nations charge. Watada said he was compelled by his Army
oath — and his conscience — to disobey an order to deploy.

In a pretrial motion, a military judge ruled that the legality of a war is up to Congress
to decide — not an individual officer.


Bob Trutnau of Kenmore holds up two signs in support of
Lt. Watada on the I-5 overpass near the entrance to Fort Lewis.


Actor Sean Penn stands around in the fog at the DuPont
entrance to Fort Lewis in support of Lt. Watada.


Protesters and supporters wait across the street from the
Fort Lewis building where the courtroom proceedings will occur.

[TheBaldyMan]

8. k&r n/t

[malaise]

9. You're a hero kid

Just like Ali. We won't forget you and this too will pass.

[Breeze54]

10. A court martial takes a week??

I didn't realize it would take that long!! Cripes!

[uppityperson]

11. Another link to another supporting website and news bits/links (Seattle)

http://www.couragetoresist.org/

# 9:00 am Court Martial begins (how to attend the trial)
# 11:30 am Rally with Iraq Veterans Against the War, students and spoken word youth artists
# 12:30 pm Vigil outside the Gates of Fort Lewis with IVAW
# 1:30 pm Political Street Theater with Giant Puppet Art, Spoken word, and DJ's
# 3:00 pm Rally
# 4:00 pm to 6pm Vigil outside the Gates of Fort Lewis

news bits:
http://seattletimes.nwsource.com/html/localnews/2003557744_webwatada05m.html

(clipped article)The judge said he would consider one defense witness — a Georgetown professor — who may testify about free speech in the military.

Seitz said that Watada would take the stand in his own defense.

Also in the morning session, Watada carefully reviewed a 12-page pre-trial agreement which affirmed statements he made criticizing the war.

http://seattlepi.nwsource.com/local/302439_watada05.html

[Breeze54]

13. Thanks for the additional links and the schedule.

;)

[Egalitarian]

14. Thank You Lieutenant

For doing what I can only hope I would be doing if I were in your shoes. Your conscience is a beacon of hope for others.