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Lady in the Justice Dept. DID THE RIGHT THING!

May 7th, 2009
Ehren Watada
Image via Wikipedia

West Hawaii Today

By GENE JOHNSON
the Associated Press

SEATTLE — The Justice
Department is dropping its
attempt to retry the first
commissioned officer to be
court-martialed for refusing
to go to Iraq.
Army 1st Lt. Ehren Watada
of Hawaii contended that
the war is illegal and that
he would be a party to war
crimes if he served in Iraq.
His first court-martial
ended in a mistrial in
February 2007.
A federal judge ruled last
fall that the Army could not
try him again on key charges,
including missing troop
movement, because it would
violate his constitutional
right to be free from double
jeopardy.
The Justice Department
initially appealed to the
9th U.S. Circuit Court of
Appeals, but later asked the
court to dismiss the matter.
The court did so
Wednesday.
Watada’s attorney, James
Lobsenz, said in a news
release that his client anticipates
he will soon be released
from active duty and “plans
to return to civilian life and
to attend law school.”
But Fort Lewis leadership
is still mulling how to handle
two remaining allegations
of conduct unbecoming an
officer against Watada that
the federal judge had kicked
back to the military trial
court for further consideration.
Options include courtmartial,
nonjudicial punishment
such as docking his pay
or giving him extra work, or
kicking him out of the Army
with either an honorable or
dishonorable discharge.
“What is most troubling to
us here is that the most serious
charge of missing movement
will not be decided
upon by a jury of the lieutenant’s
peers,” said Army
spokesman Joe Piek. “We’re
troubled by that on that on
behalf of the hundreds of
thousands of soldiers who
have deployed.” 

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