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| Fifth Column |
| Lt. Watada Might Not Get Out Of The Military Until 2018(?) |
| 2008-06-08 |
| It was two years ago yesterday that 1st Lt. Ehren Watada, a 1996 Kalani High School graduate, declared publicly that he would not deploy to Iraq with his Stryker brigade combat team. Today, Watada is still in the Army working at a desk job at Fort Lewis, Wash., while his case is tied up in federal court. Ken Kagan, Watada's attorney, told the Star-Bulletin that federal judge Benjamin Settle in Tacoma will probably take up the matter early this fall. In November, Settle ruled that no court-martial will be held for Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges. Watada, who contends the war is illegal, is charged with missing his unit's deployment to Iraq on June 22, 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. Since then, his unit fought in Iraq for 18 months and returned in October Kagan said he expects the case to eventually go before the 9th U.S. Circuit Court of Appeals where it may take up to three years before a decision is rendered. "Our experience has shown us that 9th Circuit matters consume somewhere between 18 months to three years," Kagan said. "I don't know of any reason they would put it on some fast track." Watada's first court-martial ended in a mistrial in February 2007. Settle wrote that the military judge likely abused his discretion in declaring the mistrial. Watada's term of service in the military ended December 2006, but the legal proceedings have prevented his discharge. |
| Posted by:Anonymoose |
| #7 Gents, The BCD and DD can ONLY be given at court martial if previously authorized by the convening authority and there is a military judge vice only a panel. The BCD is a federal misdemeanor and DD a federal felony. OTH is an admin separation result. No court martial = no punitive (BCD or DD) discharge. |
| Posted by: Zenobia Ulating7399 2008-06-08 23:44 |
| #6 OTH is enough to void all his benefits and moot his claim of double jeopardy. Just get him out, he is a disgrace to the uniform. |
| Posted by: rammer 2008-06-08 22:07 |
| #5 BCD, not DD. No federal offices, no voting, no gun ownership, must report as a felon. |
| Posted by: OldSpook 2008-06-08 21:06 |
| #4 Missed his ship. Twice evidently. |
| Posted by: George Smiley 2008-06-08 20:02 |
| #3 I say give him the DD and boot him. Don't let him stay in uniform. Drop it. The soldiers in his unit, by their valiant action in Iraq during the Surge, proved the worthlessness of his stand. Since his position in the unit is known, someone should write a story about the deployment of the guy who had to go in his place. That needs to be done. |
| Posted by: penguin 2008-06-08 16:57 |
| #2 Give him a dishonorable and boot him. Keeping him in means he stays on the payroll. Giving him a desk job while he stays in and collects pay and benefits dishonors his comrades who went and fought. Boot him on a dishonorable and be done with it. |
| Posted by: FOTSGreg 2008-06-08 16:20 |
| #1 I think I've got this math down. 1 year for this federal judge, then up to 3 years for the 9th Circuit, then back to court martial to get another 6 years. |
| Posted by: Anonymoose 2008-06-08 16:12 |