TACOMA — A federal judge has taken under advisement a bid by an Iraq war objector at Fort Lewis to bar his upcoming court-martial.
U.S. District Judge Benjamin Settle heard arguments Thursday and indicated he would try to rule later today — or by Tuesday, the day the court-martial is set to begin, said Ken Kagan, a lawyer for Army 1st Lt. Ehren Watada.
Monday is Columbus Day.
Watada is charged with missing his unit’s deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war.
He contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army, which refused his request to be posted in Afghanistan or elsewhere, declared his first court-martial a mistrial in February, over the lieutenant’s objections.
His lawyers say the Army is violating his constitutional rights by trying him twice for the same crime.
Kagan said Settle was particularly interested in the question of whether he had jurisdiction in the case. Settle was just sworn in on the federal bench last week.
“We were given the impression that if he became persuaded that he did, in fact, have jurisdiction, he would have no trouble reaching a decision about whether or not to issue a stay,” Kagan said in a statement.
A call to Fort Lewis for comment was not immediately returned late Thursday.
On Wednesday, in a statement released by Fort Lewis spokesman Joe Piek, the Army said, “The government has followed the law and rules throughout the process of bringing this case to trial.”
If convicted, Watada could be sentenced to six years in prison and be dishonorably discharged.
The Army Court of Criminal Appeals has ruled that Watada can be court-martialed again, but Watada appealed that decision to the U.S. Circuit Court for the Armed Forces, which has not ruled, his attorneys wrote in their emergency motion.
With the court-martial about to start, Watada urgently needs the federal court to step in, they said.
Watada’s attorneys are also asking that he be allowed to leave the Army. Watada’s term of service ended in December, but the pending legal proceedings have prevented his discharge.
He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Tacoma.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
