| Submit your comments on this article |
| Home Front: Politix |
| Judge halts Iraq war |
| 2007-10-07 |
| TACOMA, Wash. - A federal court judge has temporarily blocked a court-martial scheduled to start Tuesday for an Iraq war objector based at Fort Lewis. First Lt. Ehren Watada is charged with refusing to deploy to Iraq. His lawyers argue the Army is violating his constitutional rights by trying him twice for the same crime. U.S. District Judge Benjamin Settle A Bush appointee (June 07) ruled he has jurisdiction to issue the stay and that Watada's double-jeopardy claim is not frivolous. “This is a remarkably clear case of an egregious violation of the double-jeopardy clause,” Watada’s lawyers, James Lobsenz and Kenneth Kagan, wrote in an emergency motion to block the court-martial. Watada has said the war is illegal and that he would be party to war crimes if he served in Iraq. Don't forget that he enlisted after the war started. He knew what he was getting into. The Army, which refused his request to be posted in Afghanistan or elsewhere, declared his first court-martial a mistrial in February, over the lieutenant’s objections. The Army Court of Criminal Appeals has ruled that Watada can be court-martialed again, but Watada appealed that decision to the U.S. Circuit Court for the Armed Forces, which has not ruled, his attorneys wrote. And then he, at the same time, appealed to this Federal judge? Watada’s attorneys also asked that he be allowed to leave the Army. Watada’s term of service ended in December, but the pending legal proceedings have prevented his discharge. He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Seattle. Hopefully just shuffling papers of a non-important matter. I wouldn't trust him to handle my toilet paper. “The only reason he’s still in the Army is that the Army will not let him leave while there’s discipline pending,” Kagan said. Wouldn't the military lose jurisdiction if they cut him loose? “The government has followed the law and rules throughout the process of bringing this case to trial,” the Army said in a statement released by Fort Lewis spokesman Joe Piek. “The U.S. Army Court of Criminal Appeals in Ballston, Va., determined that this case was not prohibited by double jeopardy and may properly proceed to trial. The Court issued its ruling after considering comprehensive briefs and arguments from the parties. |
| Posted by:CrazyFool |
| #3 Every time Watada is mentioned in news blogs someone should post a link to what the unit he was supposed to serve with did, and the casualties from their action against Al Qaeda and insurgents. It would be great if someone could do this research so we could link to it. When readers reflect on Watada's political convictions, they should understand the sacrifices of the men he was chosen to lead in combat against sworn enemies of the United States. |
| Posted by: Penguin 2007-10-07 14:16 |
| #2 oops ..who gets into the ruling class and... |
| Posted by: Procopius2k 2007-10-07 11:21 |
| #1 Sorry judge, the Congress, under Article I, makes the rules here, no matter what you like. Remember even SCOTUS sent the detainee issue back to Congress, because that is the demarcation line between Constitutional authority. Another shining example of your new aristocracy [just remember that law schools discriminate on who gets into the ruling new ruling and who doesn't] sticking its fingers into what it thinks rather than follow the printed word. There will allows be 'issues' that they rationalize for another intrusion of their |
| Posted by: Procopius2k 2007-10-07 11:19 |