Ehren Keoni Watada (born 1978) is a former
first lieutenant
First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment.
The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a se ...
of the
United States Army
The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
, best known as the first
commissioned officer
An officer is a person who holds a position of authority as a member of an armed force or uniformed service.
Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer (NCO), or a warrant officer. However, absent ...
in the US armed forces to refuse to deploy to
Iraq
Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
.
[Soldier's Iraq war stance backed: Watada has right to refuse to go, retired officer says](_blank)
''Seattle Post-Intelligencer
The ''Seattle Post-Intelligencer'' (popularly known as the ''Seattle P-I'', the ''Post-Intelligencer'', or simply the ''P-I'') is an online newspaper and former print newspaper based in Seattle, Washington (state), Washington, United States.
Th ...
'', June 20, 2006. In June 2006, Watada refused to deploy for his unit's assigned rotation to
Operation Iraqi Freedom
The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with the invasion by a United States-led coalition, which resulted in the overthrow of the Ba'athist governm ...
,
[Initial video statement of Lt. Ehren Watada](_blank)
June 6, 2006 saying he believed the war to be illegal and that, under the doctrine of
command responsibility
In the practice of international law, command responsibility (also superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) are legally r ...
, it would make him party to
war crimes
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
. At the time, he was assigned to duty with the 5th Battalion,
20th Infantry Regiment, part of the 3rd Brigade,
2nd Infantry Division, as a
fire support officer. He was brought before a court-martial in 2007 which ended in a mistrial; the Army subsequently discharged him under "
Other-Than-Honorable-Conditions" (OTH) in 2009.
An OTH discharge is the least favorable type of administrative discharge from the Army, and is reserved for a "pattern of behavior that constitutes a significant departure from the conduct expected of Soldiers of the Army."
Background and early service
Watada was born in
Honolulu, Hawaii
Honolulu ( ; ) is the List of capitals in the United States, capital and most populous city of the U.S. state of Hawaii, located in the Pacific Ocean. It is the county seat of the Consolidated city-county, consolidated City and County of Honol ...
, to Robert Watada and Carolyn Ho. His father served for 10 years as executive director of
Hawaii
Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...
's Campaign Spending Commission and himself refused to serve in the
Vietnam War
The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
.
Ehren Watada attended
Punahou School
Punahou School (known as Oahu College until 1934) is a private, co-educational, college preparatory school in Honolulu, Hawaii. More than 3,700 students attend the school from kindergarten through 12th grade. The school was established by P ...
, then transferred in his sophomore year to
Kalani High School, where he played
cornerback
A cornerback (CB) is a member of the defensive backfield or secondary in gridiron football. Cornerbacks cover Wide receiver, receivers most of the time, but also blitz and defend against such Play from scrimmage, offensive running plays as sweep ...
on the varsity football team. An
Eagle Scout
Eagle Scout is the highest rank attainable in the Scouts BSA program of Scouting America. Since its inception in 1911, only four percent of Scouts have earned this rank after a lengthy review process. The Eagle Scout rank has been earned by over ...
, Watada graduated from
Hawaii Pacific University
Hawaii Pacific University (HPU) is a private university in Honolulu, Hawaii, United States.
Oceanic Institute of HPU, an aquaculture research facility, is located at Makapuu Point. HPU is also present on military installations on the island of ...
magna cum laude in 2003 with a
BA in finance.
Watada joined the Army after the war in Iraq had begun, stating that he was motivated "out of a desire to protect our country" after the
September 11 attacks
The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...
. He was commissioned by the Army's
Officer Candidate School
An officer candidate school (OCS) is a military school which trains civilians and Enlisted rank, enlisted personnel in order for them to gain a Commission (document), commission as Commissioned officer, officers in the armed forces of a country. H ...
, on November 20, 2003, at
Fort Benning, Georgia
Fort Benning (named Fort Moore from 2023–2025) is a United States Army post in the Columbus, Georgia area. Located on Georgia's border with Alabama, Fort Benning supports more than 120,000 active-duty military, family members, reserve compone ...
, as a
second lieutenant of
field artillery
Field artillery is a category of mobile artillery used to support army, armies in the field. These weapons are specialized for mobility, tactical proficiency, short range, long range, and extremely long range target engagement.
Until the ear ...
—one month after
Security Council Resolution 1511 authorized a
multinational force in Iraq
Multinational may refer to:
* Multinational corporation, a corporate organization operating in multiple countries
* Multinational force, a military body from multiple countries
* Multinational state, a sovereign state that comprises two or more na ...
. Watada served one year in
South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia. It constitutes the southern half of the Korea, Korean Peninsula and borders North Korea along the Korean Demilitarized Zone, with the Yellow Sea to the west and t ...
, and was subsequently reassigned to
Fort Lewis, Washington
Fort Lewis is a United States Army base located south-southwest of Tacoma, Washington. Fort Lewis was merged with McChord Air Force Base on February 1, 2010, to form Joint Base Lewis–McChord.
Fort Lewis, named after Meriwether Lewis of the ...
.
[Officer faces court-martial for refusing to deploy]
''The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', July 23, 2006.
Opposition to the Iraq War and trial
Soon after reporting to Fort Lewis, Watada discovered that his unit would be deploying to Iraq, in support of ongoing operations there. In preparation to deploy, he began conducting research on the country,
its culture, and the reasons for the U.S. involvement in Iraq. Watada stated that, after reading several books and articles about the history of Iraq,
international law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
, and the evidence used to justify the war,
[Deployment Refuser has no Regrets]
''Army Times
''Army Times'' (ISSN 0004–2595) is a newspaper published 26 times a year serving active, reserve, national guard and retired United States Army personnel and their families, providing news, information and analysis as well as community and ...
'', June 14, 2006. and speaking with
veterans
A veteran () is a person who has significant experience (and is usually adept and esteemed) and expertise in an job, occupation or Craft, field.
A military veteran is a person who is no longer serving in the military, armed forces.
A topic o ...
returning from Iraq,
[ he ceased to believe in its legality and justification.
]
Attempt to resign
In January 2006, Watada attempted to resign. In his letter, he asserted that he was "wholeheartedly opposed to the continued war in Iraq", citing what he believed to be lawlessness and dishonesty in its justification. He came to the conclusion after doing his own personal research, including reading books by Seymour Hersh
Seymour Myron Hersh (born April 8, 1937) is an American investigative journalist and political writer. He gained recognition in 1969 for exposing the My Lai massacre and its cover-up during the Vietnam War, for which he received the 1970 Pulitzer ...
and James Bamford
James Bamford (born September 15, 1946) is an American author, journalist and documentary producer noted for his writing about United States intelligence agencies, especially the National Security Agency (NSA). ''The New York Times'' has calle ...
as well as learning about the Downing Street Memo, a British government document that stated that war in Iraq was "inevitable" and "the intelligence and facts were being fixed around the policy" of war. Watada also asserted, in discussions with other soldiers, that he and his fellow servicemen were complicit in war crimes.[ Watada stated that he was not a ]conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...
because he was not opposed to all wars as a matter of principle, and he stated that he had offered to serve in Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
,[ which he regarded as "an unambiguous war linked to the September 11 attacks." This was refused; Watada, in turn, refused an offer for a desk job in Iraq without direct combat involvement, stating that the point of his protest was not about combat.][
]
Charges and proposed court-martial
In response to Watada's refusal to deploy, the Army initially preferred seven specifications of various offenses under the Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority ...
(UCMJ). After the initial preferral, all but three specifications were dropped; the remaining charges sent to the court-martial were:
*Two specifications Conduct Unbecoming an Officer and a Gentleman
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.
Use in the United Kingdom
The phrase was used as a charge in courts martial of t ...
(for statements made in speeches and interviews) (Article 133)
*One specification Missing Movement (for refusing to deploy to Iraq on June 22) (Article 87)
When the initial charges were preferred, Watada faced the possibility of a general court-martial
A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
and up to seven years in prison, as well as dismissal from the service. ("dismissal" is the only class of punitive discharge for U.S. commissioned officers; it is the equivalent of a dishonorable discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...
, to which enlisted personnel may be sentenced.) Faced with these consequences, Watada said that he did not regret his decision, stating that he believed it to have been his moral responsibility:
When you are looking your children in the eye in the future, or when you are at the end of your life, you want to look back on your life and know that at a very important moment, when I had the opportunity to make the right decisions, I did so, even knowing there were negative consequences.
Regarding the charges, Watada's civilian attorney, Eric Seitz, commented:
Well, we expected him to be charged with missing movement or violating an order to get on a bus to accompany his unit to Iraq. We did not really anticipate that they would charge him with additional offenses based upon the comments and the remarks that he's made. And that opens up a whole new chapter in this proceeding, because what the Army has clearly tried to do by the nature of these charges is send out a message to people in the military, that if you criticize the war and if you criticize the decisions that were made to bring the United States into this war, that you, too, could be charged with disloyalty, contemptuous remarks and disrespect for higher officers, and in this case, specifically in this charge, the President.[Army Charges Lieutenant With Contempt and Conduct Unbecoming an Officer for Refusing Iraq Deployment and Criticizing Bush, War]
, ''Democracy Now
''Democracy Now!'' is an hour-long TV, radio, and Internet news program based in Manhattan and hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live ...
'', July 7, 2006.
Article 32 hearing
Watada's article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII ("Trial Procedure") Articl32(10 U.S.C. § 832), ...
to determine whether there was sufficient evidence to move forward with a general court-martial was held on August 17, 2006.[Hearings to open on 'no Iraq' officer: Fort Lewis panel to decide if Watada faces court-martial]
''Seattle Post-Intelligencer
The ''Seattle Post-Intelligencer'' (popularly known as the ''Seattle P-I'', the ''Post-Intelligencer'', or simply the ''P-I'') is an online newspaper and former print newspaper based in Seattle, Washington (state), Washington, United States.
Th ...
'', August 17, 2006. The investigating officer Lt. Col. Mark Keith presided.[Hearing for soldier who won't serve in Iraq puts war on trial]
''Seattle Post Intelligencer
The ''Seattle Post-Intelligencer'' (popularly known as the ''Seattle P-I'', the ''Post-Intelligencer'', or simply the ''P-I'') is an online newspaper and former print newspaper based in Seattle, Washington, United States.
The newspaper was fou ...
'', August 18, 2006.
The Army prosecutor, Capt. Dan Kuecker, described Watada's actions as contemptuous of President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
, and argued that Watada's public statements hurt morale in his unit.[ He played video clips from a Veterans for Peace conference.][Military uses video of Watada speeches as evidence against him]
''The Olympian
''The Olympian'' is a daily newspaper based in Olympia, Washington, in the United States. It is owned by The McClatchy Company and publishes a daily printed edition.
History
Olympia was home to the first newspaper to be published in modern-da ...
'', August 17, 2006. In that speech, Watada called on his fellow soldiers to stop fighting.[Lt. Watada addresses national veterans convention]
''thankyoult.org''
Eric Seitz, Watada's civilian counsel, and Capt. Mark Kim, Watada's military lawyer, raised the issue of the legality of the war. Over the prosecutor's objections, Seitz and Kim called three witnesses to question the legality of the war.[ ]University of Illinois
The University of Illinois Urbana-Champaign (UIUC, U of I, Illinois, or University of Illinois) is a public university, public land-grant university, land-grant research university in the Champaign–Urbana metropolitan area, Illinois, United ...
professor of international law Francis Boyle
Francis Anthony Boyle (March 25, 1950 – January 30, 2025) was an American human rights lawyer and professor of international law at the University of Illinois College of Law. He served as counsel for Bosnia and Herzegovina and supported the ...
testified that the war is illegal because it was not authorized by the U.N. Security Council, and asserted that congress approved the war on the basis of faulty intelligence
Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. It can be described as t ...
. Also testifying in Watada's defense were former United Nations Undersecretary Denis Halliday, and Army Colonel Ann Wright (ret.), who retired from the State Department in March 2003, in protest of the coming invasion. Like Boyle, both asserted that the war was illegal and that therefore Watada was within his rights to refuse participation in it. Also, the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
(ACLU
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
...
) filed an amicus brief
An amicus curiae (; ) is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an ''amic ...
, saying that soldiers should not be court martialed for explaining their views.[ACLU of Washington Defends Free Speech Rights of Lt. Ehren Watada]
"ACLU
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
...
", August 15, 2005.
On September 15, 2006, the Army announced that it had preferred another charge against Watada of "conduct unbecoming an officer and a gentleman
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.
Use in the United Kingdom
The phrase was used as a charge in courts martial of t ...
". This brought the potential prison term faced by Watada to eight and a half years in prison if convicted of all charges. Six and a half of these years would have been for statements that he made concerning the war rather than his refusal to deploy to Iraq; "missing movement" is punishable by a maximum of two years. Keith justified the additional charge by asserting that "contempt for the President and the suggestion that US soldiers can stop the war simply by refusing to fight borders on mutiny
Mutiny is a revolt among a group of people (typically of a military or a crew) to oppose, change, or remove superiors or their orders. The term is commonly used for insubordination by members of the military against an officer or superior, ...
and sedition
Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establ ...
. Seitz asserted that the Army added the new charge to make a public example of him: "He's not doing anything other than saying things he believes to be true, and that we believe are true. This makes it that much clearer that this is just a political prosecution, and that's really all this case has been about from the beginning."
Keith recommended Watada for court-martial on all charges, even as he said that he thought that Watada was "sincere in his beliefs". Of the court-martial recommendation, Seitz accused the Army of trying Watada without looking seriously at his arguments and that of the other experts appearing at the trial about the legality of the war.[ Investigator recommends court martial on all charges]
''thankyoult.org''
On November 9, 2006, the U.S. Army announced the decision of the Fort Lewis commander, LTG James Dubik, that Watada would face a court martial. The charges of "contempt toward officials" were dismissed without comment. Without the "contempt for officials" charges, Watada could face up to four years confinement, two for missing movement and two for statements that he made, as well as a dismissal, and forfeiture of all pay and allowances, if convicted of the remaining charges.[Fort Lewis soldier opposed to war faces military trial]
''The Seattle Times
''The Seattle Times'' is an American daily newspaper based in Seattle, Washington. Founded in 1891, ''The Seattle Times'' has the largest circulation of any newspaper in the state of Washington and the Pacific Northwest region. The Seattle Time ...
,'' November 10, 2006.
Watada's defense team had intended to demonstrate that the war was illegal by maintaining that the required congressional approval was granted only on the basis of the existence of weapons of mass destruction
A weapon of mass destruction (WMD) is a Biological agent, biological, chemical weapon, chemical, Radiological weapon, radiological, nuclear weapon, nuclear, or any other weapon that can kill or significantly harm many people or cause great dam ...
(WMDs) in Iraq and ties between Saddam Hussein and al-Qaeda. They also intended to subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
witnesses to testify and to cite the Nuremberg Principles,[It was My Duty to Refuse to go to Iraq]
''The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
,'' November 23, 2006. which require soldiers to disobey illegal orders. However, on January 16, 2007, Judge John M. Head ruled that Watada would not be allowed to present any defense based on the Nuremberg principles, stating that the legality of a war was a "nonjusticiable political question" and ruling that the order that Watada had refused was lawful. Watada was also forbidden to present a First Amendment
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
defense. Seitz said about the rulings that "they are essentially saying there is no right to criticize, which we all know is not true", and that they intend to appeal any conviction to the federal courts.[Officer facing Court-Martial Denounces War]
"Los Angeles Times
The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
," January 17, 2007.
At a pre-trial press conference Watada remarked that he believed it his duty to refuse to fight in the war, and that he was prepared to face prison time for his beliefs.[
]
Court-martial
Watada was court-martial
A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
ed in February 2007, with the case ending in a mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
. On February 5, 2007, Watada's court-martial began with him entering a plea of not guilty to all of the specifications against him. He faced three specifications: one for missing movement, and two for "conduct unbecoming an officer and a gentleman
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.
Use in the United Kingdom
The phrase was used as a charge in courts martial of t ...
" related to his public comments criticizing the Bush administration and the war. Panel selection was conducted on the first day, narrowing a pool of ten officers down to seven, ranking from captain through lieutenant colonel. The court-martial panel is similar to a jury in a civilian trial, but due to rules provided in the Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority ...
(UCMJ), panels consist of service members equal or senior in rank to the defendant.
On the second day of his court-martial, the prosecution presented opening arguments stating that Watada had "abandoned his soldiers and disgraced himself and the service" and began calling witnesses. The first witness called was Watada's former Battalion
A battalion is a military unit, typically consisting of up to one thousand soldiers. A battalion is commanded by a lieutenant colonel and subdivided into several Company (military unit), companies, each typically commanded by a Major (rank), ...
Commander, Lt. Col. Bruce Antonia. He testified that he learned of Watada's feelings about the war soon after Watada concluded, in early January 2006, that the war was illegal. Antonia stated, "I told him I was concerned. I did not want this to turn into a big media event." His chain of command counseled him on the consequences of his actions if he refused to deploy and used his position to make a spectacle of the issue.[Army: Watada betrayed trust]
''Seattle Times
''The Seattle Times'' is an American daily newspaper based in Seattle, Washington. Founded in 1891, ''The Seattle Times'' has the largest circulation of any newspaper in the state of Washington and the Pacific Northwest region. The Seattle Time ...
'', February 7, 2007. Lt. Col. William James, another officer who counseled Watada, testified that he found Watada's offer to serve in Afghanistan in "direct conflict" with Watada's written statement or stipulation that he did not want to deploy as a "tool" of the Bush administration.[ Watada had also stipulated that he had indeed missed his brigade's June deployment to Iraq and that he made a series of public statements against the war. In return for the stipulation, Army prosecutors had dropped several counts that knocked two years off the maximum six-year sentence.
Watada argued that his orders were unlawful, and Military Judge John Head ruled that the question could not be resolved within the military justice system, saying Watada's argument was reduced to an admission of guilt. The judge ruled that the court-martial was unable to decide the question of whether the deployment order was unlawful, and decided to strike Watada's stipulation, calling it an admission of guilt. Recognizing that the stipulation was the basis of the prosecution's case, Judge Head granted their request for a mistrial.][Mistrial ends Watada court-martial: War objector may have to be tried again]
''Seattle Post-Intelligencer
The ''Seattle Post-Intelligencer'' (popularly known as the ''Seattle P-I'', the ''Post-Intelligencer'', or simply the ''P-I'') is an online newspaper and former print newspaper based in Seattle, Washington (state), Washington, United States.
Th ...
'', February 7, 2007.
Attempted retrial and double jeopardy
A new court martial was set for March 19, 2007 rescheduled for July 23, 2007, and then postponed until October 9, 2007, as an appeal based on the issue of double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...
delayed the case. Following the ruling on July 5, 2007, by Lt. Col. John Head, again presiding over Watada's court-martial, that double jeopardy did not apply, Watada's attorneys appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
ed the ruling to the U.S. Army Court of Criminal Appeals and then to U.S. civilian court. On October 5, 2007, U.S. District Court Judge Benjamin Settle stayed further proceedings until October 26. The Army challenged the injunction. Watada was represented by Ken Kagan and Jim Lobsenz with the Seattle law firm Carney Badley Spellman, who had replaced Eric Seitz. On the issue of double jeopardy, Joe Piek, spokesman for Fort Lewis, argued that the rules for courts-martial (MCM Rule 915(c)),[Manual for Courts-Martial (MCM), United States (2005 Edition)]
PDF
Portable document format (PDF), standardized as ISO 32000, is a file format developed by Adobe Inc., Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, computer hardware, ...
document. allow the Army to try Watada again, on the theory that the mistrial is not a decision and that the mistrial was not due to prosecutorial misconduct
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropria ...
. Others, including the military defense attorney assigned to Watada, as well as Kagan and Lobsenz, argued that double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...
attached at the start of the presentation of evidence. Rule 907(b)(2)(C) of the MCM states that jeopardy attaches at the "beginning of the presentation of evidence on the merits," raising the possibility that jeopardy attached prior to the declaration of mistrial.
The second court-martial was stayed in October 2007 by U.S. District Judge Benjamin Settle, on grounds of double jeopardy. Settle issued an order stating that Watada's "double jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...
claim is meritorious" and that no evidence to the contrary was presented.[Order Granting in Part Petitioner's Motion for a Stay of Court Martial Proceedings]
dated October 5, 2007, Tacoma, Washington Federal District case no. C07-5549BHS The Army challenged the injunction, and Judge Settle ruled on October 21, 2008, that Watada cannot be retried on three of the five counts, but abstained from deciding whether the remaining two counts of conduct unbecoming an officer
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.
Use in the United Kingdom
The phrase was used as a charge in courts martial of t ...
may go forward.["Watada Won't Be Retried on 3 of 5 Counts"]
''(Seattle Times)'' On November 8, 2007, the injunction was extended by Judge Settle, who held that Lt. Watada's double jeopardy claim was meritorious.[
The Army appealed to the 9th Circuit Court of Appeals in November, 2008. But after the ]Obama administration
Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...
took office, the Justice Department asked the court to drop the case, which was dismissed on May 6, 2009.
Discharge
On October 2, 2009, the Army discharged Watada "Under Other-Than-Honorable-Conditions". Watada's defense attorney stated that in his opinion, "the Army came to the conclusion that it was not going to be able to prevail in a prosecution, and when the new solicitor general came in, her office had a fresh look at it, and as it was not bound by any of the decisions that had been made previously, they saw fit to put a stop to the appellate process."
An administrative discharge, "Under Other than Honorable Conditions" discharge is the least favorable type of administrative discharge from the Army. According to AR 635-200, an OTH discharge is reserved for a "pattern of behavior that constitutes a significant departure from the conduct expected of Soldiers of the Army."
Public reaction to the trials
Rallies were held at the gates of Fort Lewis Fort Lewis may refer to:
* Fort Lewis (Colorado), a former United States Army post (1878–1891) in the U.S. State of Colorado
** Fort Lewis College, a college in the Durango, Colorado, United States
** Fort Lewis Skyhawks, athletic teams of Fort L ...
during the court-martial; the ''Seattle Post-Intelligencer'' reported that the first day drew "more than 1,000" supporters, including Desert Storm Veteran Dennis Kyne and the actor Sean Penn
Sean Justin Penn (born August 17, 1960) is an American actor and film director. He is known for his intense leading man roles in film. List of awards and nominations received by Sean Penn, His accolades include two Academy Awards, a Golden Gl ...
.["Watada lawyer frustrated as judge narrows defense"]
''Seattle Post-Intelligencer
The ''Seattle Post-Intelligencer'' (popularly known as the ''Seattle P-I'', the ''Post-Intelligencer'', or simply the ''P-I'') is an online newspaper and former print newspaper based in Seattle, Washington (state), Washington, United States.
Th ...
'', February 6, 2007. Among the organizations supporting Watada were the ACLU, Iraq Veterans against the War, and Veterans for Peace.[Military veterans stand behind "illegal war" refuser]
August 14, 2006. Watada told reporters that "almost every day, someone from the military or the outside sends me some kind of correspondence or approaches me in person to render support or their respect.”[Loyal to Country or Conscience?]
"Los Angeles Times
The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
", October 16, 2006. Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
issued a press release stating that if Lt Watada were convicted and imprisoned, the organization would consider him a "prisoner of conscience and call for his immediate and unconditional release."[Amnesty International]
USA: War objector's freedom of conscience must be respected.
February 2, 2007.
Other opposed Watada's actions. Some Japanese American veterans said that as a Japanese American he shamed the community.[Japanese Americans, Latest Group to Criticize Watada](_blank)
, '' KHNL 8'', July 15, 2006. Watada reported that although he had not received open hostility from fellow soldiers, there was "definitely a tension".[ There were occasional counter demonstrations at Fort Lewis opposite his supporters.]
Watada's mother, Carolyn Ho, became an anti-Iraq War activist
Activism consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived common good. Forms of activism range from mandate build ...
,[WORLD CAN'T WAIT--DRIVE OUT THE BUSH REGIME]
founding a website to support him, formerly a
http://www.thankyoult.org
[ Watada's father, Bob, also became a critic of the war and went on a national tour to raise money for his son's defense, from October 26 to November 17, 2006.] Both Bob and Ehren Watada spoke at the January 27, 2007 anti-war protest in Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, alongside other prominent critics of the war, including Jane Fonda
Jane Seymour Fonda (born December 21, 1937) is an American actress and activist. Recognized as a film icon, Jane Fonda filmography, Fonda's work spans several genres and over six decades of film and television. She is the recipient of List of a ...
, Sean Penn
Sean Justin Penn (born August 17, 1960) is an American actor and film director. He is known for his intense leading man roles in film. List of awards and nominations received by Sean Penn, His accolades include two Academy Awards, a Golden Gl ...
, and Tim Robbins
Timothy Francis Robbins (born October 16, 1958) is an American actor. He is best known for portraying Andy Dufresne in the film '' The Shawshank Redemption ''(1994), and Jacob Singer in '' Jacob's Ladder'' (1990), as well as winning an Academy ...
At an event called the "Citizens' hearing on the legality of U.S. actions in Iraq" testimony that had been barred from Watada's courts martial was heard; among those testifying on January 20 and January 21, 2007 were:
*Daniel Ellsberg
Daniel Ellsberg (April 7, 1931June 16, 2023) was an American political activist, economist, and United States military analyst. While employed by the RAND Corporation, he precipitated a national political controversy in 1971 when he released th ...
, Vietnam War
The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
-era whistleblower who leaked The Pentagon Papers
The ''Pentagon Papers'', officially titled ''Report of the Office of the Secretary of Defense Vietnam Task Force'', is a United States Department of Defense history of the United States' political and military involvement in Vietnam from 194 ...
* Denis Halliday, who coordinated United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
humanitarian aid to Iraq when he was UN Assistant Secretary-General
*Benjamin G. Davis, law professor, and expert on international law
*Marjorie Cohn
Marjorie Cohn (born November 1, 1948) is an American legal scholar working as a professor of law at the Thomas Jefferson School of Law in San Diego. She is also a former president of the National Lawyers Guild. , President of the National Lawyers' Guild
*Richard Falk Professor Emeritus of International Law at Princeton University;
*Antonia Juhasz Policy-analyst and author on U.S. economic policies in Iraq;
*John Burroughs Lawyers’ Committee on Nuclear Policy Executive Director
*Francis Boyle Professor of international law at Univ. of Illinois
*Darrell Anderson Army 1st Armored Division in Baghdad & Najaf; awarded Purple Heart;
*Harvey Tharp Former U.S. Navy Lieutenant and JAG stationed in Iraq;
*Geoffrey Millard 8 years in Army National Guard; awarded 13 medals;
*Dennis Kyne Desert storm
, combatant2 =
, commander1 =
, commander2 =
, strength1 = Over 950,000 soldiers3,113 tanks1,800 aircraft2,200 artillery systems
, page = https://www.govinfo.gov/content/pkg/GAOREPORTS-PEMD-96- ...
Veteran & drill sergeant; trained in NBC warfare;
*Chanan Suarez-Diaz Former Navy hospital corpsman; Purple Heart and valor commendation
*Stacy Bannerman Military Families Speak Out; author of "When the War Came Home"
** Eman Khammas Iraqi human rights advocate
Post-military life
In 2012, Watada founded and became the part-owner of the Bachi Burger restaurant in Las Vegas
Las Vegas, colloquially referred to as Vegas, is the most populous city in the U.S. state of Nevada and the county seat of Clark County. The Las Vegas Valley metropolitan area is the largest within the greater Mojave Desert, and second-l ...
.
See also
* Legality of the Iraq War
*List of Iraq War Resisters
Some soldiers of the coalition forces have War resister, refused to participate in the Iraq War. The following is a list of the more notable military personnel who have refused to participate in the Iraq War, broadly categorized by the reasons ...
*Crime against peace
The crime of aggression was conceived by Soviet jurist Aron Trainin in the wake of the German invasion of the Soviet Union during World War II. Pictured: Stalingrad in ruins, December 1942
A crime of aggression or crime against peace is the p ...
* Criticism of the Iraq War
* Nuremberg Principles
* Ann Wright (United States Army
The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
colonel
Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), officer rank used in many countries. It is also used in some police forces and paramilitary organizations.
In the 17th, 18th, and 19th centuries, a colon ...
who publicly submitted her letter of resignation to then Secretary of State Colin Powell
Colin Luther Powell ( ; – ) was an Americans, American diplomat, and army officer who was the 65th United States secretary of state from 2001 to 2005. He was the first African-American to hold the office. He was the 15th National Security ...
on March 19, 2003, one day before the U.S. invasion of Iraq.)
*'' Doe v. Bush'' (Appeals court decision on the constitutionality of the Iraq invasion)
*Malcolm Kendall-Smith
Malcolm Kendall-Smith (born 1968/1969) is a former Combat medic, medical officer in the United Kingdom, British Royal Air Force. He was born in Australia, was raised in New Zealand and has dual British-New Zealand citizenship.
He was the first Bri ...
References
External links
*'' LewRockwell.com'' court-martial coverage by Jeff Paterson
Lt. Watada Mistrial Clear Victory
''Ehren Watada: a Soldier Refuses an Illegal War''
- YouTube video of Lt. Watada's speech in December, 2006.
{{DEFAULTSORT:Watada, Ehren
1978 births
American anti–Iraq War activists
American military personnel of Japanese descent
Iraq War resisters
American civil rights activists of Japanese descent
American people of Chinese descent
Living people
People from Honolulu
United States Army officers
People from Henderson, Nevada