Judge blocks Watada's court-martial
TACOMA, Wash. (AP) - A federal judge has temporarily blocked the Army from conducting a second court-martial of an Iraq war objector based at Fort Lewis, saying it's likely the second trial would violate the soldier's constitutional rights.
Granting an emergency motion for a stay, U.S. District Judge Benjamin H. Settle ruled Thursday that no court martial will be held for 1st Lt. Ehren Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges.
Watada's first court-martial ended in a mistrial in February; Settle wrote that the military judge likely abused his discretion in declaring the mistrial.
Watada is charged with missing his unit's deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.
Watada contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army refused his request to be posted in Afghanistan or elsewhere.
"This is an enormous victory, but it is not yet over," Kenneth Kagan, one of Watada's attorneys, said in a statement.
Settle did not indicate what the next steps would be.
Fort Lewis spokesman Joseph Piek said the judge acted "so that he may hear further evidence on the double jeopardy issue.
"We look forward to the opportunity to file additional briefs to further explain to the District Court judge the full extent of the protections and safeguards" afforded under the military justice system at the trial court and appellate levels, Piek added in a statement.
On Oct. 5, Settle ruled that his court had jurisdiction on the request for an emergency stay and that Watada's claim was "not frivolous." That ruling effectively blocked the scheduled Oct. 9 start of the second court-martial. The judge then asked for additional briefs, leading to Thursday's ruling.
Watada's term of service in the military ended in December, but the legal proceedings have prevented his discharge. He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Seattle.
Granting an emergency motion for a stay, U.S. District Judge Benjamin H. Settle ruled Thursday that no court martial will be held for 1st Lt. Ehren Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges.
Watada's first court-martial ended in a mistrial in February; Settle wrote that the military judge likely abused his discretion in declaring the mistrial.
Watada is charged with missing his unit's deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.
Watada contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army refused his request to be posted in Afghanistan or elsewhere.
"This is an enormous victory, but it is not yet over," Kenneth Kagan, one of Watada's attorneys, said in a statement.
Settle did not indicate what the next steps would be.
Fort Lewis spokesman Joseph Piek said the judge acted "so that he may hear further evidence on the double jeopardy issue.
"We look forward to the opportunity to file additional briefs to further explain to the District Court judge the full extent of the protections and safeguards" afforded under the military justice system at the trial court and appellate levels, Piek added in a statement.
On Oct. 5, Settle ruled that his court had jurisdiction on the request for an emergency stay and that Watada's claim was "not frivolous." That ruling effectively blocked the scheduled Oct. 9 start of the second court-martial. The judge then asked for additional briefs, leading to Thursday's ruling.
Watada's term of service in the military ended in December, but the legal proceedings have prevented his discharge. He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Seattle.