The Associated Press
Posted : Wednesday Jan 17, 2007 8:55:17 EST
FORT LEWIS, Wash. ? A military judge has ruled that an Army officer cannot try to justify his refusal to deploy to Iraq by raising questions about the legality of the war.
The ruling released Tuesday in the case of 1st Lt. Ehren Watada sets the stage for a Feb. 5 court-martial. Watada could face up to six years in prison for his failure to join his brigade in Iraq last June, as well as for his outspoken attacks on the Bush administration?s conduct of the war.
Watada?s lawyers had hoped to argue that the war is illegal.
However, Lt. Col. John Head, who listened to arguments from both sides at a pretrial hearing earlier this month, found that ?whether the war is lawful? is a political question that could not be judged in a military court.
Head, the military judge overseeing Watada?s case at Fort Lewis, also rejected the defense?s claim that Watada?s First Amendment rights shielded him from charges relating to his criticism of the war.
Instead, Head ruled that there are limits to the free-speech rights of military personnel and that a military panel should decide whether Watada?s criticism of the war amounted to officer misconduct.
?We have been stripped of every defense,? Eric Seitz, a civilian attorney representing Watada, told The Seattle Times.
Army officials, in a statement accompanying the ruling, said they had full confidence in the military justice system to ensure that Watada gets a fair trial.
Watada, 28, is charged with missing movement after refusing to deploy with his unit, the 3rd Brigade, 2nd Infantry Division. The Army also proceeded with charges of conduct unbecoming an officer for statements he made to journalists and at a veterans convention.
Posted : Wednesday Jan 17, 2007 8:55:17 EST
FORT LEWIS, Wash. ? A military judge has ruled that an Army officer cannot try to justify his refusal to deploy to Iraq by raising questions about the legality of the war.
The ruling released Tuesday in the case of 1st Lt. Ehren Watada sets the stage for a Feb. 5 court-martial. Watada could face up to six years in prison for his failure to join his brigade in Iraq last June, as well as for his outspoken attacks on the Bush administration?s conduct of the war.
Watada?s lawyers had hoped to argue that the war is illegal.
However, Lt. Col. John Head, who listened to arguments from both sides at a pretrial hearing earlier this month, found that ?whether the war is lawful? is a political question that could not be judged in a military court.
Head, the military judge overseeing Watada?s case at Fort Lewis, also rejected the defense?s claim that Watada?s First Amendment rights shielded him from charges relating to his criticism of the war.
Instead, Head ruled that there are limits to the free-speech rights of military personnel and that a military panel should decide whether Watada?s criticism of the war amounted to officer misconduct.
?We have been stripped of every defense,? Eric Seitz, a civilian attorney representing Watada, told The Seattle Times.
Army officials, in a statement accompanying the ruling, said they had full confidence in the military justice system to ensure that Watada gets a fair trial.
Watada, 28, is charged with missing movement after refusing to deploy with his unit, the 3rd Brigade, 2nd Infantry Division. The Army also proceeded with charges of conduct unbecoming an officer for statements he made to journalists and at a veterans convention.
