No double jeopardy for Lt. Watada

Military judge also won’t disqualify himself in case of Fort Lewis war protester


Lt. Ehren Watada suffered two losses in court Friday during the Army’s second attempt at court-martialing him for refusing to deploy to Iraq last year. Military judge Lt. Col. John Head first refused to disqualify himself from the case, despite arguments from Watada’s new attorneys that there is at least the appearance that Head cannot be impartial in this matter.

Head then ruled that trying Watada again wouldn’t violate his constitutional right not to be prosecuted twice for the same crime, also known as double jeopardy. Head is the same judge who declared a mistrial in Watada’s first court-martial in February after he questioned whether the officer understood a pretrial agreement he’d signed.

On Friday, Watada’s new attorneys, Kenneth Kagan and James Lobsenz, immediately filed notice that they will appeal Head’s decision on the double-jeopardy question to the Army Court of Criminal Appeals in Arlington, Va. That action is sure to delay the start of Watada’s second court-martial, which is scheduled to begin July 23.

Watada is charged with missing his unit’s movement to Iraq in June 2006 and four counts of conduct unbecoming an officer for negative comments he made about President Bush and the war. He faces up to six years in prison and dismissal from the Army if convicted.

Watada contends he had a duty to miss the flight with the 3rd Brigade, 2nd Infantry Division, now more than 12 months into a 15-month deployment in Iraq. He contends the war is illegal and that he would be party to war crimes if he participated in any way.

http://www.thenewstribune.com/news/local/story/104757.html

they want to deploy him for a 5th time-He needs to talk to Senators Webb and Hagel-their bill is talking about exactly this kind of "support" for our troops-really protection from an out of control pretzledent

:patriot: MKJ

the Luck in the World on this court battle of his!

It prohibits being prosecuted again for a crime which you have been aquitted of. Lt. Watada was not aquitted. His first trial ended in a mistrial.

I hope he does not have to serve any prison time.