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| Court: Army Deserter Ehren Watada Cannot Be Retried Following MistrialLieutenant Watada refused to deploy to Iraq in 2006 because he foolishly and ignorantly believes the Iraq war is illegal. He was charged for missing movement and conduct unbecoming. That trial ended in February 2007 after the judge declared a mistrial. The case fell apart when it turned out that Watada had stipulated that he did not deploy with his unit as ordered and that he gave interviews without authorization. In the military judge's view, Watada hadn't realized the legal consequences of the stipulations, since they largely amounted to admitting the charges. The prosecution had already rested, but their case relied in large part on the stipulations which the military judge wanted to strike. The military judge decided that the best thing to do was declare a mistrial and start over. Today, U.S. District Judge Benjamin Settle said the military could not retry Watada. Settle held that the military judge "did not exercise sound discretion" in ruling a mistrial. Accordingly, subjecting Watada to a second trial would violate his Fifth Amendment right against double jeopardy. Watada is a bit of a figurehead for the Left, since he was the first commissioned officer to refuse to deploy to Iraq. The military is considering its options. It may go ahead with just the conduct unbecoming charges or appeal the district court's decision or both.Comments1
I wonder if he will refuse to deploy to Pakistan.
Posted by: AmishDude at October 22, 2008 01:57 AM (GlrN/) 2
This whole ruling seems confusing. First, it's my understanding that double jeopardy doesn't apply to trials ended by a mistrial since no verdict was reached. Secondly, I'm surprised that the federal court would even get involved in a UCMJ case atleast before all military appeals are finished.
Posted by: Mætenloch at October 22, 2008 02:06 AM (Js8cd) 3
I don't suppose the options they're considering involve a rope and a tree?
Posted by: Ace's liver at October 22, 2008 02:06 AM (xDwoq) 4
The should just boot him out ("other than honorable" discharge) and move on.
Posted by: myiq2xu at October 22, 2008 02:06 AM (CvqGI) 5
If he was convicted he would be a martyr and if he was acquitted he'd be a hero. Giving him the boot deprives him of attention. Posted by: myiq2xu at October 22, 2008 02:10 AM (CvqGI) 6
This is beyond ridiculous... first he doesn't understand the stipulations... then the case is kicked back to trial... then a second trial (after the first is ruled out) is a violation of double jeopardy? The Lt. bailed on his unit when it was to deploy TO A COMBAT ZONE... that's a death penalty offense... anyone who served knows that, even the greenest buck E-1 private. This guy is an officer, college educated and fully aware of the consequences of his actions... he needs to be tried then escorted directly to a firing squad, no passing go, no collecting 200 dollars. Posted by: MikeC at October 22, 2008 02:12 AM (XWJh5) 7
Or shoot him like the traitor he is.
Posted by: Kranix at October 22, 2008 02:15 AM (hNEXT) 8
What's this crap about the Libs talking about re-instating the draft? Seems like they don't like the service; sounds like this tool didn't recon his commitment very well.
Posted by: Mr. Chumpo at October 22, 2008 02:19 AM (i73Rf) 9
Um, so if someone confesses to a crime, revealing truths that are not in dispute, the whole thing gets tossed because he was too stupid to realize it would get him in trouble?
What the hell is -that-? That is one FUBARed legal system. Qwinn Posted by: Qwinn at October 22, 2008 02:24 AM (3FVXC) 10
Double Jeaopardy, doesn't apply to the military in general, because they are usually happy to let civil law have a first crack at a piece of shit like watada. I don't see how a civil court can interfere in internal UCMJ Law, but, I'm not a lawyer, but there is no civil equivalent to "missing a movement," unless you are suing McDonalds. As for all the other technical shit? I don't care, this fucking guy should hang, and the reason for throwing out the option for retrial strikes me as a defense based on bad judgement. Watada had bad judgment, after the mistrial and incriminated himself, so even though re-trial is an option, it is no longer an option because watada had the bad judgement of thinking he was now untouchable, which apparently was good judgement. I guess the rule now is, if you are a borderline (actually outright) treasonous fuck, admit you are guilty to the national media, but lie while in court. Posted by: Wickedpinto at October 22, 2008 02:25 AM (ul7te) 11
hi-5 qwinn.
Posted by: Wickedpinto at October 22, 2008 02:28 AM (ul7te) 12
Wicked, your site link in your screen name is 404.
Posted by: Mr. Chumpo at October 22, 2008 02:30 AM (i73Rf) 13
Doesn't make any sense. Sounds like a buyoff.
Posted by: Larry Sheldon at October 22, 2008 02:33 AM (OmeRL) 14
I don't know why chumpo, its thewickedpinto.wordpress.com, I don't know why it's not linking from my SN.
Posted by: Wickedpinto at October 22, 2008 02:33 AM (ul7te) 15
That sux. Talk to a Moron.
Posted by: Mr. Chumpo at October 22, 2008 02:34 AM (i73Rf) Posted by: Larry Sheldon at October 22, 2008 02:35 AM (OmeRL) 17
Wicked, I went to your site through Google. Nice wedding vid. I did not expect that. Maybe Ace can help you with the screen name link.
Posted by: Mr. Chumpo at October 22, 2008 02:38 AM (i73Rf) 18
I'll harass pixy later.
Posted by: Wickedpinto at October 22, 2008 02:38 AM (ul7te) 19
yo
Posted by: Mr. Chumpo at October 22, 2008 02:39 AM (i73Rf) 20
16,
Unfortunately, that court feeds into the Ninth Circus, which is by far the most overruled of all the appeals circuits in the US.
If the government wants to pursue those last three charges against Watanda, they'll have to take this case to the Supreme Court to smack down Settle and the idiots in the Ninth Circuit who will assuredly uphold this decision.
Posted by: BrandonInBatonRouge at October 22, 2008 02:43 AM (mySIW) 21
1. WP, you have the wrong URL in your login. You have minx in there and you ain't on mu.nu
2. Gabe, this IS your area. Why would double jepoardy attach? I thought a mistrial was in effect, a do-over, and that no trial had taken place? 3. Why is a federal district court involved? Shouldn't it have gone to the Court of Military Appeals? Or did Watada file some claim on "civil rights" grounds or some such horseshit? Posted by: XBradTC at October 22, 2008 02:50 AM (UyYNv) 22
brad, all links route through the minx server.
Posted by: Wickedpinto at October 22, 2008 02:52 AM (ul7te) 23
click your own link.
Posted by: Wickedpinto at October 22, 2008 02:52 AM (ul7te) Posted by: XBradTC at October 22, 2008 02:53 AM (UyYNv) 25
I meant the ones attached to the monikers.
Posted by: Wickedpinto at October 22, 2008 02:55 AM (ul7te) 26
I like the uniforms at the bar.
Posted by: Mr. Chumpo at October 22, 2008 02:57 AM (i73Rf) 27
Yep, it's a pixy issue, as mine ain't workin' either.
Posted by: XBradTC at October 22, 2008 03:04 AM (UyYNv) 28
I don't know what that means chumpo.
Posted by: Wickedpinto at October 22, 2008 03:05 AM (ul7te) 29
If you wanna push it, you can comment at his blog brad.
Posted by: Wickedpinto at October 22, 2008 03:05 AM (ul7te) 30
In your URL, I think it works if you have "http://" in it.
Posted by: Z Ryan at October 22, 2008 03:28 AM (PDeVA) 31
Tools - This guy walked for pretty much the same reason Ayers walked: Republican appointed prosecutors were so busy attending Bible studies at Regency Junior High and Lawyer School they never had time to study the law.
It's why folks like me, who own hunting rifles but otherwise don't pack, don't give a shit one way or the other about every man, woman, child and butter churn availing him, her or itself of his, her or its 2nd Amendment rights: wingers love them their guns something awful and shoot slightly worse. Posted by: diderot's dog at October 22, 2008 03:34 AM (nrD02) 32
test
Posted by: Wickedpinto at October 22, 2008 03:36 AM (ul7te) 33
Sure as shit, thanks Z Ryan, never had a problem with it before.
Posted by: Wickedpinto at October 22, 2008 03:38 AM (ul7te) 34
No problem.
Posted by: Z Ryan at October 22, 2008 03:40 AM (PDeVA) 35
Is it me or are DDog's posts making more sense? They've got paragraph breaks and actually seem relevant to the topic. Of course I've been working a lot of hours recently, so maybe the stress is just warping my judgement. Posted by: Mætenloch at October 22, 2008 03:56 AM (Js8cd) 36
I concur Maetenloch; Double D's posts have a new spirit. I think the run on sentence, and never ending paragraph have been retired. I'm glad that DD hangs with us 'cause I'd hate to think of Him/Her out there in the wilderness; opining and ranting in an unforgiving and irrational wilderness.
On and On. Posted by: Mr. Chumpo at October 22, 2008 04:11 AM (i73Rf) 37
G.M.
When you get a few, please get after these, for us non-law dogs: "2. Gabe, this IS your area. Why would double jepoardy attach? I thought a mistrial was in effect, a do-over, and that no trial had taken place? 3. Why is a federal district court involved? Shouldn't it have gone to the Court of Military Appeals? Or did Watada file some claim on "civil rights" grounds or some such horseshit?" And my question: "Watada's attorney, James Lobsenz, said that he was pleased with the federal court's unusual decision to interfere in the Army court-martial process to protect his client's constitutional rights." By what precedent is this Federal intervention done? Shouldn't they have refused jurisdiction? Respectfully, Mike Posted by: Sgt York at October 22, 2008 04:52 AM (u3pgy) 38
Sometimes it seems like none of these pieces of crap ever end up in jail, even when there is no question that they are breaking the law. There's always a way the left manages to get them off the hook. Very discouraging, considering this occurred under a Republican Administration. One can only imagine what we are going to see if the Dems sweep the field this November.
Posted by: DaMav at October 22, 2008 05:16 AM (X2qWM) 39
Watada might've got off, but he's still a POS. He'll always be known as a coward, but sadly, he doesn't have the integrity to realize that he is one. Posted by: thebronze at October 22, 2008 05:32 AM (YlH3h) 40
What a stupid decision. This goes a long way toward destroying combat effectiveness and unit cohesion. Imagine being an enlisted man, and you do not even know if your officers are going to show up for the fight. The Army should have gone and got his sorry butt and put it on the first palne to Iraq, and then posted him to Fallujah. Posted by: Harry at October 22, 2008 05:34 AM (n8RSd) 41
He stipulated. He had counsel. The judge should have just convicted him and allowed him to claim IAC on appeal. But, noooooo. The judge gave the ahole a break and now the case is blown. How did the defense know to argue double jeopardy? Did they set the entire thing up? Stinks to me.
Posted by: Thomas E. Dewey '48 at October 22, 2008 05:40 AM (s+2rG) Posted by: Kirsten Powers at October 22, 2008 05:43 AM (cvqqr) 43
Not Gabe, but I can answer this. Why would double jepoardy attach? I thought a mistrial was in effect, a do-over, and that no trial had taken place? Generally, that's true: a mistrial ordinarily doesn't terminate jeopardy, such that reprosecution would subject the defendant to jeopardy for a second time. Mistrials are normally said to simply "continue" the original jeopardy. The exception is when the mistrial is granted over the defendant's objection (normally a defendant is perfectly happy to see the case end in a mistrial). In such cases, jeopardy only "continues" if the mistrial was the result of "manifest necessity" -- that is, if the mistrial could not reasonably have been avoided. Otherwise, jeopardy terminates, and reprosecution violates the Fifth Amendment. Here, Watada objected to a mistrial, and the circumstances of the case didn't justify one -- but the military judge who heard the case ordered one anyway out of undue concern for Watada. No good deed goes unpunished, I guess.
Posted by: BC at October 22, 2008 06:27 AM (hluUZ) 44
To #5
So martyr him. Rope...tree....martyr....next. If you don't ant to sign up for the service that is just fine, if you do and then strive to be comfort and aid to the enemy then die. Posted by: Drider at October 22, 2008 06:40 AM (IQAbf) 45
"How did the defense know to argue double jeopardy? Did they set the entire thing up? Stinks to me."
Yes, but blame the judge. It seems to me you're accusing the defendant's council of being competent and using the Constitution to benefit their client. That is their job... their legal duty, in fact. Posted by: Christoph at October 22, 2008 06:43 AM (hawOV) 46
"What a stupid decision judge."
I respect your opinion; however, I think my correction is more accurate. Posted by: Christoph at October 22, 2008 06:44 AM (hawOV) Posted by: Christoph at October 22, 2008 06:45 AM (hawOV) 48
I agree with the comment that focused on the confession angle. It wasn't a "confession" --- but when did making dumbass statements against yourself out in public out of ignorance become protected in court????
I thought ignorance of the law wasn't a legal defense? Now, pure ignorance is protected by law????? The reporters were supposed to read him his rights or get his lawyer to explain his rights before he was allowed to incriminate himself -- to a reporter????? Posted by: usinkorea at October 22, 2008 07:08 AM (ZpPoW) 49
I don't see how a civil court can interfere in internal UCMJ Law, but, I'm not a lawyer, but there is no civil equivalent to "missing a movement," unless you are suing McDonalds. Military law can get intertwined with federal law since a conviction by courts-martial is considered a federal conviction with all the attendant bells and whistles. As a former Army officer, I wouldn't mind seeing this guy suffer a "training accident." Posted by: Steve L. at October 22, 2008 07:11 AM (o0YD+) 50
He'll always be known as a coward, but sadly, he doesn't have the integrity to realize that he is one.
Posted by: thebronze at October 22, 2008 05:32 AM (YlH3h) Hell no, he's seen as a brave hero by many (ed: Democrats)for taking a stand against Bushitler's illegal and immoral war for oil. You're labouring under the illusion that the left recognizes a larger/more evil enemy than Rethuglicans. Not so.
Posted by: DJ Douche at October 22, 2008 07:17 AM (QKrrS) 51
I think they can give him a bad conduct discharge which will keep him from being employed by anyone but Code Pink or the ACLU.
Posted by: TRO at October 22, 2008 07:36 AM (q4WFG) 52
What authority does the civilian court have in this matter? None. I am sick and tired of these gods in robes usurping power that they don't have.
Posted by: Blarg the Destroyer at October 22, 2008 07:56 AM (PcJ/l) 53
Is it just me, or does the military legal system seem spectacularly incompetent the last 10 years or so. Posted by: JohnW at October 22, 2008 08:14 AM (cGcIy) 54
There's always Ft. Leavenworth.
Posted by: EC at October 22, 2008 08:27 AM (mAhn3) 55
Soap party.
Posted by: Jim Treacher at October 22, 2008 08:36 AM (NV3P1) 56
Speaking as a non-commissioned officer, I would be happy to see this commissioned type decorating a tree branch outside the PX at whatever his duty station was. I think he was out of Fort Lewis if I remember right.
Posted by: SGT Dan at October 22, 2008 08:38 AM (gQFZX) 57
From the Georgetown Law Journal:
Retrial Following Mistrial. The Double Jeopardy Clause allows retrial following a mistrial when, "taking all the circumstances into consideration, there is a manifest necessity for ... [declaring a mistrial], or the ends of public justice would otherwise be defeated."
In my opinion, not finding this turd guilty would defeat public justice. He should be retried and then hung.
Another major question is how in the fuck did a civilian judge get involved with this trial? Posted by: Vic at October 22, 2008 08:46 AM (b1ysY) 58
"it's my understanding that double jeopardy doesn't apply to trials ended by a mistrial since no verdict was reached."
That's not why. Jeopardy attaches as soon as a jury is empaneled or, in a bench trial, the prosecution calls their first witness. A mistrial can be retried because by moving for a mistrial the defendant is waiving his protection against double jeopardy. "I'm surprised that the federal court would even get involved in a UCMJ case atleast before all military appeals are finished." It's totally inappropriate: I don't see where the civilian court thinks it has the authority to step in and order a military court to do anything. "Unfortunately, that court feeds into the Ninth Circus, which is by far the most overruled of all the appeals circuits in the US. If the government wants to pursue those last three charges against Watanda, they'll have to take this case to the Supreme Court..." The way to bypass the Ninth here is for the Army to retry him as if the US district court ruling never happened, and if they get a conviction, the relevant courts then aren't the civilian US Courts of Appeals but the military appellate courts: the Army Court of Appeals and the Court of Appeals for the Armed Forces, courts that actually know military law. Posted by: Dave J at October 22, 2008 08:53 AM (qsGH+) 59
I agree with Dave J. The Army can and should ignore the civilian court and retry. Let the Ninth circuit drive to Leavenworth and request his release.
Posted by: ThomasD at October 22, 2008 09:04 AM (21H5U) 60
"I thought ignorance of the law wasn't a legal defense? Now, pure ignorance is protected by law?????
"The reporters were supposed to read him his rights or get his lawyer to explain his rights before he was allowed to incriminate himself -- to a reporter?????" As I said, stupid military judge. "As a former Army officer, I wouldn't mind seeing this guy suffer a "training accident." Steve L., God bless you for your service. However... as a former Army Officer, didn't you swear an oath to uphold the Constitution of the United States? How does in essence wishing for a fellow's surreptitious murder because a court ruled unconstitutional double jeopardy attached in his case square with the obligations of being an Army officer? I understand your feelings and I'm sure you're not the only Army officer to feel that way. The way you feel is natural because he let you down, set a terrible example for fellow officers and soldiers, and brought disgrace to his uniform and his oath. However, when you were serving your duty would lie elsewhere. Posted by: Christoph at October 22, 2008 09:11 AM (hawOV) 61
This tool joined the Army after the Iraq war started. He's either incredibly stupid, or a plant. His parents are big lefties and anti-war activists. He really needs to suffer some consequences for this.
Posted by: stace at October 22, 2008 09:27 AM (JO0c/) 62
Here, Watada objected to a mistrial, and the circumstances of the case didn't justify one -- but the military judge who heard the case ordered one anyway out of undue concern for Watada. No good deed goes unpunished, I guess.
Did the prosecution object? I can't believe the judge was this stupid. Posted by: Thomas E. Dewey '48 at October 22, 2008 09:27 AM (s+2rG) 63
It appears to me that the civilian assholes are NOT involved in this trial YET.
It also appears that the trial judge is incredibly stupid but, as we have seen lately, can you believe the liars in the press?
This site has another description of what happened and it truly looks like the the military trial judgewas totally stupid or was in the tank for the defendant. Posted by: Vic at October 22, 2008 09:33 AM (b1ysY) 64
Let me take that first post back, the civilian court is involved and has ruled no second trial on the key charges.
Posted by: Vic at October 22, 2008 09:38 AM (b1ysY) 65
Here's a link to a google cache of a .gov site describing the appeals process for courts-martial all the way up to the Supreme Court. It says nothing about US District Court. May the district court be designated as the US court of Military Appeals? If so, the next step isn't the 9th circuit, it's the SCOTUS. Also, the good info above about "over the defendant's objections" lets me understand the ruling better, but that's in the civilian court system. Are there any JAGs here who can tell me if this same situation applies in the UCMJ? I just don't know enough to be sure if that court has jurisdiction. The Army lawyers seem to think so, they're going along with it, and they would know. Posted by: Jeff Weimer at October 22, 2008 09:40 AM (y67bA) 66
Try the military judge who mistried the mistrial.
Judges need to be accountable to the law. When a judge mishandles THE LAW in a case, that judge should be accountable for his mismanagement of the law. Otherwise, there's more than precedence as his corrupted gift that keeps on regifting-giving, since that judge will persist in mismanaging future cases as well. Posted by: maverick muse at October 22, 2008 09:44 AM (F1b/5) 67
This guy is from the Left and did this stunt to make news for his anti-war views. He joined the military after the Iraq War began. He didn't suddenly develop the view that the war was "illegal" after joining.
Posted by: SAM at October 22, 2008 09:50 AM (AA4pX) 68
This twat is getting FAR more leniency than any of my enlisted cohorts did in my Navy days.We had them lined up down the passageway for Captains mast every week. Lots of three days of bread and water too. Every single one of them deserved what they got.
Watada should have been tried for mutiny. The fact that he's walking around amazes me. Keelhaul the coward. Posted by: torabora at October 22, 2008 09:51 AM (cyjsa) 69
"Watada should have been tried for mutiny. The fact that he's walking around amazes me.
"Keelhaul the coward." What amazes me is he's not tried for mutiny and not keelhauled, and still your army fights as the most effective combined arms combat force on Earth. To me that's a tremendous testament to your fighting men, women, and their characters. Posted by: Christoph at October 22, 2008 09:58 AM (hawOV) 70
An earlier and different reading from the Seatle Times. It seems that the defense in reality wanted to put the war itself on trial here and the entire case was turning into a political circus. The original judge was trying to offset the fact that he was not going to allow the defense to present its version of defense. The defense maintains that the order to go to war was illegal because the war itself was illegal. The judge had maintained that the court could not judge the legality of the war and would not allow that line of defense.
The signed document that the judge questioned the defense on was virtually an admission of the charges against the defendant. There was no reason for declaring the mistrial as the defendant had no problem with the document and maintains that his defense doesn’t admit guilt because the sign document is irrelevant to the legality of the war.
The defense is the one who took this to the civilian court. The Army needs to pursue this case to the hilt. Shitheads like this can not be allowed to make a mockery of the process.
And Lt. Col. John Head should be relieved “for cause”. Posted by: Vic at October 22, 2008 10:07 AM (b1ysY) 71
If the defense went to the district court, shouldn't the judge have refused to hear the case due to lack of jurisdiction?
Posted by: Jeff Weimer at October 22, 2008 10:25 AM (cqZXM) 72
Someone made a good point above. It is very hard to form an opinion about these issues when our only source of info is a media that we know is biased. We come here to get around some of that bias, or to at least hear the other side, but the source material is still usually from an unreliable source. Any system where you have a lot of guys running around free who have openly admitted their crimes, like Watada or Ayers, is one that needs reforming. It seems to me that a confession should over ride some of these technicalities. That is to say that these protections/technicalities are only important in that they protect someone who claims to be innocent. That is supposedly their sole function. Maybe there wouldn't be much difference in outcome but morale would be much better because Ayers and the rest wouldn't be running around "shouting guilty as sin and free as a bird" if a confession vitiated some of these protections. I also see nothing wrong with hoping these people come to a foul end. Posted by: asl at October 22, 2008 10:26 AM (r11nM) 73
U.S. District Judge Benjamin Settle should pull his head out of his ass and look up 'double jeopardy. Wonder what Settle's political affiliation is.
Posted by: GarandFan at October 22, 2008 10:30 AM (eJ32B) 74
Part of me wants to see the Army keep Watada around, MAKE the bastard serve his time. There's weather stations in Greenland or Antarctica that need staffing. You can bet that he'll probably squawk about that and most likely, he'll miss movement there as well. That prosecution will be a lot simpler.
What's this crap about the Libs talking about re-instating the draft? It's all about stirring up the 18-26 yr old crowd in order to flesh out the anti-war movement, which, if you'll note, is pretty close to dead now. Charlie Rangel admitted as much when he proposed a new draft awhile back. Posted by: IllTemperedCur at October 22, 2008 10:35 AM (Ds4I5) 75
This is one of those situations where, while Watada ought to get the "full treatment," doing so creates more problems than it solves. As a couple of posters have suggested, the Army ought to give him a bad conduct discharge and move along. Throwing him in the clink might serve as an object lesson and be in accordance with military regs--let's get real; if the government won't shoot Hansen and Ames, they're not going to shoot a dumb Army 1LT--but it'll make the guy a cause celebre and needlessly problematize the whole situation. One would think it ridiculously unnecessary to augment the enlistment oath with a signed letter of intent, but if that's what it takes to remove, from a legal perspective, any future "misunderstandings" of expectations, maybe it's time to do so. I know, I know, seems like pandering to idiots, but sometimes you gotta cut your losses and spell things out. Posted by: railwriter at October 22, 2008 10:39 AM (nwEiU) 76
The Article III appellate courts normally do not have jurisdiction over courts martial (Article I courts) and the military, however a recent act passed in stealth by congress appears to have to have changed that. Posted by: Vic at October 22, 2008 10:42 AM (b1ysY) 77
Frag him. That's acceptable/encouraged to do to officers according to the left, so they shouldn't have any problem with it. Posted by: Master Shake at October 22, 2008 10:52 AM (tcMQZ) 78
Sadly President Bush's nut's have atrophied. Expect to see Watada, the Judge, and others on the College lecture circuit. Posted by: Russell Ziskey at October 22, 2008 11:15 AM (LlaBi) 79
This left-wing coward will get justice -- there's no way he'll get off completely.
Posted by: Richard Romano at October 22, 2008 11:17 AM (kycO9) 80
Not a lawyer, but it appears from the reporting that Watada not only admitted he was guilty but then went out and told people he was guilty, which resulted in a mistrial, which resulted in the inability to try him on the original charges because a civilian court interfered. Does it seem to anyone else that he went so far into the guilty zone that he wrapped around reality and came out on the other side as innocent? Man I wish things worked like that in medicine. "Ma'am, your breast cancer is so aggressive, widespread and malignant that we expect it to increase your life expectancy by an additional 50 years." Posted by: Darren at October 22, 2008 11:37 AM (YhsMj) 81
Here in Hawaii he is considered almost a hero although let's be serious, he's nothing but a piece of shit coward. It gets worse though. This has nothing to do with the war at all. Its all political. Yeppers, his dad used to be the head of the Democratic party here in the state, Yep, his boy wants to run for office here to set up a congress shot after the two senators retire in two and four years from now. Peice of shit coward is Kerry lite. Fuck him and his parents for bringing his sorry ass into the world Posted by: navycopjoe at October 22, 2008 11:39 AM (xz/YV) 82
I have to wonder what they charged him with.
They might still be able to go back and push "Desertion in the Face of the Enemy" I wonder how he'd like a death penalty trial? Posted by: Raven at October 22, 2008 12:10 PM (a1W7c) 83
I suspect the mistrial was (nearly) on purpose.
Consider this (and know that the prosecution KNOWS this)... Watada joined the Army AFTER the invasion of Iraq. He prepared to be a combat officer AFTER the invasion of Iraq. His father is a politically active anti-war... sort. We are supposed to believe, for a moment, for even a moment, that this young man, who joined the Army after we were fighting in Iraq, sat around with his ROTC buds and... NEVER TALKED ABOUT THE MORALITY OF WAR. It's not possible. That's what ROTC cadets do. They talk about what-ifs. They talk about getting into combat. They talk about possible assignments. They talk about who they expect to react to it. Now... the story this fellow tells is that he went all through Army ROTC and got his commission without ever having one of these conversations... not with his DAD, and not with any of the guys he was training with, learning how best to kill people and break things and he NEVER thought about this or reflected on it during his whole training. But then someone gave him a book by... shoot... Chomskey?... and he got orders to Iraq, and he started thinking... wow, I might go to Iraq, I wonder what that will be like (because joining the Army after we were in Iraq, he never considered he might be sent there) and he started THINKING about it, and reading this book, and decided that the war was illegal. Now... anyone who believes that, I have come beach front property at 6800 feet in the New Mexico mountains I'd love to sell you. It's a set up. Anyone with half a brain knows that it's an anti-war set up. Mistrial the ass and discharge him. Steal his thunder and get him out of uniform. Posted by: Synova at October 22, 2008 12:19 PM (NxP4A) 84
So let me see if I have this straight. According to the article, a military judge declared a mistrial because the accused admitted to the charges. Then a disctrict court judge of questionable jurisdiction says a new trial cannot be started because the earlier trial should not have ended in mistrial. So he walks because his rights weren't violated.
Posted by: tim maguire at October 22, 2008 12:41 PM (S90fX) 85
My solution is simple. Order inactive reservists Lt. Watada to active reserve status and thence deploy the arrogant son-of-a-bitch to Iraq for an attitude adjustment. Once in country, give him the opportunity to harm himself without hurting others, and without doubt, the punk will perform flawlessly. A little butt fucking couldn’t hurt one iota.
Vietnam Veteran – 1963-64, 1966-67, 1969
Posted by: Fish at October 22, 2008 12:57 PM (6Rihj) 86
"Someone made a good point above. It is very hard to form an opinion
about these issues when our only source of info is a media that we know
is biased."
Yes. Granted. But if we start following that standard, this blog and its comment section will have to shut fucking down! Posted by: Christoph at October 22, 2008 01:01 PM (hawOV) 87
In the military judge's view, Watada hadn't realized the legal consequences of the stipulations, since they largely amounted to admitting the charges. What. The. Fuck.? An Army officer who doesn't know the ramifications of desertion? He must be the most clueless Lieutenent, ever. Posted by: sfcmac at October 22, 2008 01:12 PM (sfqwI) 88
That's an odd ruling, a mistrial equals an aquittal?
Posted by: Christopher Taylor at October 22, 2008 01:17 PM (0+Ggj) 89
What amazes me is he's not tried for mutiny and not keelhauled, and still your army fights as the most effective combined arms combat force on Earth. To me that's a tremendous testament to your fighting men, women, and their characters.
Posted by: Christoph at October 22, 2008 09:58 AM (hawOV) What amazes me is the dumb fuck joined after the war in Iraq and Afghanistan kicked off, and that he's so ignorant of the Congressional approval for both invasions. I'm amazed that there are chickenshits like him who renege their oath, that there are people who excuse his behavior, and that not enough asshats like him are made an example of. Posted by: sfcmac at October 22, 2008 01:27 PM (sfqwI) 90
I don’t think he is that stupid. Since his father is a big anti-war activist I think he joined and then refused the order to go to Iraq for the SOLE purpose of going to trial and getting the Bush admin in court. He also knew that he would get West Coast liberal appellate court.
Not only was the trial judge stupid but the Army was stupid as well for where they conducted the Court Martial. Hell, they should have brought the CM at Ft. Jackson in SC or Ft. Benning in GA.
He wouldn’t fare as well in either of those places. Posted by: Vic at October 22, 2008 02:03 PM (b1ysY) 91
Did the prosecution object? I can't believe the judge was this stupid. Dunno. And I'm also not sure it would have mattered, procedurally.
Posted by: BC at October 22, 2008 08:24 PM (94OTW) 92
A Lieutenant with the capacity to think, the capacity to read, the capacity to learn that the invasion and occupation of Iraq is an illegal, unprovoked war of aggression that violates the Nuremberg Principles, the Geneva Conventions, and the US Constitution which he swore to uphold PLUS a soldier with the moral fiber to stand for what he believes: I would follow this officer anywhere!
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