Ehren Watada
Encyclopedia
Ehren K. Watada was a First Lieutenant of the United States Army
. He was the first commissioned officer in the US armed forces to refuse to deploy to Iraq
, in June, 2006. Watada refused to deploy for his unit's assigned rotation to Operation Iraqi Freedom, saying he believed the war to be illegal and that, under the doctrine of command responsibility
, it would make him party to war crimes. 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, and was discharged in 2009.
to Robert Watada and Carolyn Ho. His father served for 10 years as executive director of Hawaii
's Campaign Spending Commission and himself refused to serve in the Vietnam War
. Ehren Watada attended Punahou School
, then transferred in his sophomore year to Kalani High School
, where he played cornerback on the varsity football team. An Eagle Scout
, Watada graduated from Hawaii Pacific University
magna cum laude in 2003 with a B.A.
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. He was commissioned by the Army's Officer Candidate School
, on November 20, 2003, at Fort Benning, Georgia as a Second Lieutenant of Field Artillery
-- one month after Security Council Resolution 1511
authorized a multinational force in Iraq
. Watada served one year in South Korea
, and was subsequently reassigned to Fort Lewis, Washington.
, and the evidence used to justify the war, and speaking with veterans returning from Iraq, he ceased to believe in its legality and justification.
and War Powers Act which "limits the president in his role as Commander in Chief from using the armed forces in any way he sees fit." He also cited the UN Charter, the Geneva Conventions
, and the Nuremberg Principles
, which "bar wars of aggression." He argued the command responsibility
would make him personally responsible and liable for legal challenges for violating international law. Further, he asserted that the war was based on misleading or false premises such as the existence of weapons of mass destruction
in Iraq and links between Saddam Hussein and al-Qaeda, and that the occupation itself did not follow the Army's own legal rules of conduct for occupying a country.
Watada has said he is not a conscientious objector
because he is not opposed to all wars as a matter of principle, and he claims he has offered to serve in Afghanistan
, which he regarded as "an unambiguous war linked to the September 11 attacks." This was also refused. Watada, in turn, refused an offer for a desk job in Iraq without direct combat involvement.
When the initial charges were preferred, Watada faced the possibility of a General court-martial
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, to which enlisted personnel may be sentenced.) Even faced with these consequences, Watada has said that he does not regret his decision, stating that he believes it to have been his moral responsibility:
On these charges, Watada's civilian attorney, Eric Seitz, comments:
to determine whether there was sufficient evidence to move forward with a general court-martial was held on August 17, 2006. The investigating officer Lt. Col.
Mark Keith presided.
The Army prosecutor, Capt. Dan Kuecker, described Watada's actions as contemptuous of President
George W. Bush
, and argued that Watada's public statements hurt morale in his unit. He played video clips from to a Veterans for Peace
conference. In that speech, Watada called on his fellow soldiers to stop fighting.
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 Professor of international law Francis Boyle
testified that the war is illegal because it was not authorized by the U.N. Security Council, and claimed that Congress approved the war on the basis of faulty intelligence. 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
(ACLU) filed an amicus brief
, saying that soldiers should not be court martialed for explaining their views.
On September 15, 2006, the Army announced that it had preferred another charge against Watada of "conduct unbecoming an officer and a gentleman
". This brought the potential prison term faced by Watada to eight and a half years in prison if convicted of all charges. Approximately six 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 normally punishable by two years. Keith justified the additional charge by asserting that "contempt for the President and suggestion that US soldiers can stop the war simply by refusing to fight borders on mutiny
and sedition
." On the other hand, Eric Seitz asserts 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.
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.
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 WMDs in Iraq and ties between Saddam Hussein and al-Qaeda. They also intended to subpoena
witnesses to testify and to cite the Nuremberg Principles
, 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
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.
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.
ed in February 2007, with the case ending in a mistrial. 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
" 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, holding the rank of captain through lieutenant colonel. The court-martial panel is similar to a jury in a civilian trial, but due to special rules provided in the Uniform Code of Military Justice
(UCMJ), panels consist of service members equal or superior 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
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 [this] into a big media event." Furthermore, 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. 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.
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
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)), 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
. Others, including the military defense attorney assigned to Watada, as well as Kagan and Lobsenz, argued that double jeopardy
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
claim is meritorious" and that no evidence to the contrary was presented. 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
may go forward. On November 8, 2007, the injunction was extended by Judge Settle, who held that Lt. Watada's double jeopardy claim is meritorious, and that there was no evidence presented that it lacks merit.
The Army appealed to the 9th Circuit Court of Appeals
in November, 2008. But after the Obama administration
took office, the Justice Department asked the court to drop the case, which was dismissed on May 6, 2009.
There have been rallies held at the gates of Fort Lewis
since the court-martial began; the Seattle Post-Intelligencer reported that the first day drew "more than 1,000" supporters, including the actor Sean Penn
. Kelly Dougherty, Executive Director of Iraq Veterans Against the War
, agrees: "The charge is unwarranted. They are trying to show others how hard they will be punished if they speak out. Right now the military sees more and more soldiers speaking publicly and it's threatening to them. They are creating an atmosphere of threats and of fear."
Besides the ACLU and Iraq Veterans against the War, Veterans for Peace
supported Watada. Watada has 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.” Amnesty International
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."
Others, such as Military Families Voice of Victory, are opposed to Watada's actions who claim that he is helping al-Qaeda and the Communist Party
, and some Japanese American veterans, who claim that as a Japanese American he brings shame to the Japanese American community. Watada has also reported that although he has not received any open hostility from his fellow soldiers, there is "definitely a tension." There was also a large "counter demonstration" at Fort Lewis opposite his supporters.
Watada's mother, Carolyn Ho, has become an anti-Iraq War activist. The Seattle Post-Intelligencer
reported that she founded a website to support Watada, formerly at 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. Ehren Watada was on hand to speak, and shared the stage with other prominent critics of the war, including Jane Fonda
, Sean Penn
, and Tim Robbins
, at the January 27, 2007 anti-war protest
in Washington, D.C.
At 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:
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
. He was the first commissioned officer in the US armed forces to refuse to deploy to Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, in June, 2006. Watada refused to deploy for his unit's assigned rotation to Operation Iraqi Freedom, saying he believed the war to be illegal and that, under the doctrine of command responsibility
Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
, it would make him party to war crimes. 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, and was discharged in 2009.
Background and early service
Watada was born in Honolulu, HawaiiHonolulu, Hawaii
Honolulu is the capital and the most populous city of the U.S. state of Hawaii. Honolulu is the southernmost major U.S. city. Although the name "Honolulu" refers to the urban area on the southeastern shore of the island of Oahu, the city and county government are consolidated as the City and...
to Robert Watada and Carolyn Ho. His father served for 10 years as executive director of Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
's Campaign Spending Commission and himself refused to serve in the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. Ehren Watada attended Punahou School
Punahou School
Punahou School, once known as Oahu College, is a private, co-educational, college preparatory school located in Honolulu CDP, City and County of Honolulu in the U.S. State of Hawaii...
, then transferred in his sophomore year to Kalani High School
Kalani High School
Kalani High School is a WASC-accredited four-year public high school located in Honolulu, Hawaii, USA. Kalani is a part of the Hawaii Department of Education. Kalani is located on Kalanianaole Highway....
, where he played cornerback on the varsity football team. An Eagle Scout
Eagle Scout (Boy Scouts of America)
Eagle Scout is the highest rank attainable in the Boy Scouting program of the Boy Scouts of America . A Scout who attains this rank is called an Eagle Scout or Eagle. Since its introduction in 1911, the Eagle Scout rank has been earned by more than 2 million young men...
, Watada graduated from Hawaii Pacific University
Hawaii Pacific University
Hawaii Pacific University, also known as HPU, is a private, Nonsectarian, coeducational university located in Honolulu, Hawaii and Kaneohe, Hawaii. HPU founded in 1965 as Hawaii Pacific College by Paul C.T. Loo, Eureka Forbes, Elizabeth W...
magna cum laude in 2003 with a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in Finance.
Watada joined the Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
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. He was commissioned by the Army's Officer Candidate School
Officer Candidate School (U.S. Army)
The United States Army's Officer Candidate School , located at Fort Benning, Georgia, provides training to become a commissioned officer in the U.S. Army...
, on November 20, 2003, at Fort Benning, Georgia as a Second Lieutenant of Field Artillery
United States Army Field Artillery Corps
The Field Artillery branch was founded on 17 November 1775 by the Continental Congress, which unanimously elected Henry Knox "Colonel of the Regiment of Artillery". The regiment formally entered service on 1 January 1776...
-- one month after Security Council Resolution 1511
United Nations Security Council Resolution 1511
United Nations Security Council Resolution 1511, adopted unanimously on October 16, 2003, after reaffirming previous resolutions on Iraq, particularly 1483 and 1500 , and Resolution 1373 on terrorism, the Council urged countries to contribute towards a multinational force to maintain security and...
authorized a multinational force in Iraq
Multinational force in Iraq
The Multi-National Force – Iraq was a military command, led by the United States, which was responsible for Operation Iraqi Freedom. Multi-National Force – Iraq replaced the previous force, Combined Joint Task Force 7, on 15 May 2004, and was later itself reorganized into its successor, United...
. Watada served one year in South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
, and was subsequently reassigned to Fort Lewis, Washington.
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 claims that, after reading several books and articles about the history of Iraq, international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, and the evidence used to justify the war, and speaking with veterans returning from Iraq, he ceased to believe in its legality and justification.
Attempt to resign
In January 2006, he attempted to resign his commission. The Army denied his request because he had not fulfilled his eight-year military service obligation for which he had contracted, as required by law. He used as justification for his request that the war violated the ConstitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and War Powers Act which "limits the president in his role as Commander in Chief from using the armed forces in any way he sees fit." He also cited the UN Charter, the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, and the Nuremberg Principles
Nuremberg Principles
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
, which "bar wars of aggression." He argued the command responsibility
Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
would make him personally responsible and liable for legal challenges for violating international law. Further, he asserted that the war was based on misleading or false premises such as the existence of weapons of mass destruction
Iraq and weapons of mass destruction
During the regime of Saddam Hussein, the nation of Iraq used, possessed, and made efforts to acquire weapons of mass destruction . Hussein was internationally known for his use of chemical weapons in the 1980s against Iranian and Kurdish civilians during and after the Iran–Iraq War...
in Iraq and links between Saddam Hussein and al-Qaeda, and that the occupation itself did not follow the Army's own legal rules of conduct for occupying a country.
Watada has said he is not a conscientious objector
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 thought, conscience, and/or religion....
because he is not opposed to all wars as a matter of principle, and he claims he has offered to serve in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, which he regarded as "an unambiguous war linked to the September 11 attacks." This was also refused. Watada, in turn, refused an offer for a desk job in Iraq without direct combat involvement.
Charges and proposed court-martial
In response to Watada's refusal to deploy, the Army initially preferred seven specifications of various offenses under the UCMJ. Since the initial preferral, all but three specifications were dropped; the remaining ones sent to the court-martial follow:- 2 specifications Conduct Unbecoming an Officer and a GentlemanConduct unbecoming an officer and a gentlemanConduct unbecoming an officer and a gentleman is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice , enacted at ....
(for statements made in speeches and interviews) (Article 133) - 1 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
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
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, to which enlisted personnel may be sentenced.) Even faced with these consequences, Watada has said that he does not regret his decision, stating that he believes 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.
On these charges, Watada's civilian attorney, Eric Seitz, comments:
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.
Article 32 hearing
Watada's article 32 hearingArticle 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 Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...
to determine whether there was sufficient evidence to move forward with a general court-martial was held on August 17, 2006. The investigating officer Lt. Col.
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...
Mark Keith presided.
The Army prosecutor, Capt. Dan Kuecker, described Watada's actions as contemptuous of President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, and argued that Watada's public statements hurt morale in his unit. He played video clips from to a Veterans for Peace
Veterans for Peace
Veterans For Peace is a United States organization founded in 1985. Made up of male and female US military veterans of World War II, the Korean War, the Vietnam War, the Gulf War, and other conflicts, as well as peacetime veterans, the group works to promote alternatives to war.-Foundation:The...
conference. In that speech, Watada called on his fellow soldiers to stop fighting.
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 Professor of international law Francis Boyle
Francis Boyle
Francis Anthony Boyle is a professor of international law at the University of Illinois College of Law. Boyle received a A.B. in Political Science from the University of Chicago, then a J.D. degree magna cum laude from Harvard Law School, and A.M. and Ph.D. degrees in Political Science from...
testified that the war is illegal because it was not authorized by the U.N. Security Council, and claimed that Congress approved the war on the basis of faulty intelligence. Also testifying in Watada's defense were Former United Nations Undersecretary Denis Halliday
Denis Halliday
Denis J. Halliday was the United Nations Humanitarian Coordinator in Iraq from September 1, 1997, until 1998. He is Irish and holds an M.A. in Economics, Geography and Public Administration from Trinity College, Dublin....
, and Army Colonel Ann Wright
Ann Wright
Mary Ann Wright is a former United States Army colonel and retired official of the U.S. State Department, known for her outspoken opposition to the Iraq War. She received the State Department Award for Heroism in 1997, after helping to evacuate several thousand people during the civil war in...
(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
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) filed an amicus brief
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
, saying that soldiers should not be court martialed for explaining their views.
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
Conduct unbecoming an officer and a gentleman is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice , enacted at ....
". This brought the potential prison term faced by Watada to eight and a half years in prison if convicted of all charges. Approximately six 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 normally punishable by two years. Keith justified the additional charge by asserting that "contempt for the President and suggestion that US soldiers can stop the war simply by refusing to fight borders on mutiny
Mutiny
Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...
and sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
." On the other hand, Eric Seitz asserts 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.
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
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...
, and forfeiture of all pay and allowances, if convicted of the remaining charges.
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 WMDs in Iraq and ties between Saddam Hussein and al-Qaeda. They also intended to subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
witnesses to testify and to cite the Nuremberg Principles
Nuremberg Principles
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
, 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 Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
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.
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-martialCourt-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
ed in February 2007, with the case ending in a mistrial. 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
Conduct unbecoming an officer and a gentleman is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice , enacted at ....
" related to his public comments criticizing the Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
and the war. Panel selection was conducted on the first day, narrowing a pool of ten officers down to seven, holding the rank of captain through lieutenant colonel. The court-martial panel is similar to a jury in a civilian trial, but due to special rules provided in the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
(UCMJ), panels consist of service members equal or superior 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
Battalion
A battalion is a military unit of around 300–1,200 soldiers usually consisting of between two and seven companies and typically commanded by either a Lieutenant Colonel or a Colonel...
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 [this] into a big media event." Furthermore, 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. 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
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
, 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.
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 jeopardyDouble jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
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
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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)), 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
Prosecutorial misconduct
In jurisprudence, prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve...
. Others, including the military defense attorney assigned to Watada, as well as Kagan and Lobsenz, argued that double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
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
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
claim is meritorious" and that no evidence to the contrary was presented. 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
Conduct unbecoming an officer and a gentleman is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice , enacted at ....
may go forward. On November 8, 2007, the injunction was extended by Judge Settle, who held that Lt. Watada's double jeopardy claim is meritorious, and that there was no evidence presented that it lacks merit.
The Army appealed to the 9th Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
in November, 2008. But after the Obama administration
Presidency of Barack Obama
The Presidency of Barack Obama began at noon EST on January 20, 2009 when he became the 44th President of the United States. Obama was a United States Senator from Illinois at the time of his victory over Arizona Senator John McCain in the 2008 presidential election...
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 Ehren Watada. 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."Public reaction to the trials
Fort Lewis
Joint Base Lewis-McChord is a United States military facility located south-southwest of Tacoma, Washington. The facility is under the jurisdiction of the United States Army Joint Base Garrison, Joint Base Lewis-McChord....
since the court-martial began; the Seattle Post-Intelligencer reported that the first day drew "more than 1,000" supporters, including the actor Sean Penn
Sean Penn
Sean Justin Penn is an American actor, screenwriter and film director, also known for his political and social activism...
. Kelly Dougherty, Executive Director of Iraq Veterans Against the War
Iraq Veterans Against the War
Iraq Veterans Against the War is an advocacy group of active-duty United States military personnel, Iraq War veterans, Afghanistan War veterans, and other veterans who have served since the September 11, 2001 attacks who are opposed to the U.S. occupation of Iraq...
, agrees: "The charge is unwarranted. They are trying to show others how hard they will be punished if they speak out. Right now the military sees more and more soldiers speaking publicly and it's threatening to them. They are creating an atmosphere of threats and of fear."
Besides the ACLU and Iraq Veterans against the War, Veterans for Peace
Veterans for Peace
Veterans For Peace is a United States organization founded in 1985. Made up of male and female US military veterans of World War II, the Korean War, the Vietnam War, the Gulf War, and other conflicts, as well as peacetime veterans, the group works to promote alternatives to war.-Foundation:The...
supported Watada. Watada has 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.” Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
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."
Others, such as Military Families Voice of Victory, are opposed to Watada's actions who claim that he is helping al-Qaeda and the Communist Party
Revolutionary Communist Party, USA
The Revolutionary Communist Party, USA , known originally as the Revolutionary Union, is a Maoist Communist party formed in 1975 in the United States. The RCP states that U.S...
, and some Japanese American veterans, who claim that as a Japanese American he brings shame to the Japanese American community. Watada has also reported that although he has not received any open hostility from his fellow soldiers, there is "definitely a tension." There was also a large "counter demonstration" at Fort Lewis opposite his supporters.
Watada's mother, Carolyn Ho, has become an anti-Iraq War activist. The Seattle Post-Intelligencer
Seattle Post-Intelligencer
The Seattle Post-Intelligencer is an online newspaper and former print newspaper covering Seattle, Washington, United States, and the surrounding metropolitan area...
reported that she founded a website to support Watada, formerly at 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. Ehren Watada was on hand to speak, and shared the stage with other prominent critics of the war, including Jane Fonda
Jane Fonda
Jane Fonda is an American actress, writer, political activist, former fashion model, and fitness guru. She rose to fame in the 1960s with films such as Barbarella and Cat Ballou. She has won two Academy Awards and received several other movie awards and nominations during more than 50 years as an...
, Sean Penn
Sean Penn
Sean Justin Penn is an American actor, screenwriter and film director, also known for his political and social activism...
, and Tim Robbins
Tim Robbins
Timothy Francis "Tim" Robbins is an American actor, screenwriter, director, producer, activist and musician. He is the former longtime partner of actress Susan Sarandon...
, at the January 27, 2007 anti-war protest
January 27, 2007 anti-war protest
The January 27, 2007 anti-war protest was an anti-war march sponsored by United for Peace and Justice in Washington, D.C.. The official event consisted of a rally and march at the United States Capitol. Notable attendees included Sean Penn, Korean War veteran and Congressman John Conyers, Susan...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
At 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 EllsbergDaniel EllsbergDaniel Ellsberg, PhD, is a former United States military analyst who, while employed by the RAND Corporation, precipitated a national political controversy in 1971 when he released the Pentagon Papers, a top-secret Pentagon study of U.S. government decision-making in relation to the Vietnam War,...
, Vietnam WarVietnam WarThe Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
-era whistleblower who leaked The Pentagon Papers - Denis HallidayDenis HallidayDenis J. Halliday was the United Nations Humanitarian Coordinator in Iraq from September 1, 1997, until 1998. He is Irish and holds an M.A. in Economics, Geography and Public Administration from Trinity College, Dublin....
, who coordinated United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
humanitarian aid to Iraq when he was UN Assistant Secretary-General - Benjamin G. Davis, law professor, and expert on International Law
- Marjorie CohnMarjorie CohnMarjorie Cohn is a professor of law at the Thomas Jefferson School of Law, San Diego, California, and a former president of the National Lawyers Guild.In 1978 Cohn received a job in the International Association of Democratic Lawyers...
, President of the National Lawyers' Guild
See also
- Legality of the Iraq WarLegality of the Iraq WarThe legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
- List of Iraq War Resisters
- Crime against peaceCrime against peaceA crime against peace, in international law, refers to "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing"...
- Criticism of the Iraq WarCriticism of the Iraq WarThe U.S. rationale for the Iraq War has faced heavy criticism from an array of popular and official sources both inside and outside the United States. Putting this controversy aside, both proponents and opponents of the invasion have also criticised the prosecution of the war effort along a number...
- Nuremberg PrinciplesNuremberg PrinciplesThe Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
- Ann WrightAnn WrightMary Ann Wright is a former United States Army colonel and retired official of the U.S. State Department, known for her outspoken opposition to the Iraq War. She received the State Department Award for Heroism in 1997, after helping to evacuate several thousand people during the civil war in...
(United States ArmyUnited States ArmyThe United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
ColonelColonel (United States)In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...
who publicly submitted her letter of resignation to then Secretary of StateUnited States Secretary of StateThe United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
Colin PowellColin PowellColin Luther Powell is an American statesman and a retired four-star general in the United States Army. He was the 65th United States Secretary of State, serving under President George W. Bush from 2001 to 2005. He was the first African American to serve in that position. During his military...
on March 19, 2003, one day before the U.S. invasion of Iraq.) - Doe v. BushDoe v. BushDoe v. Bush, 323 F.3d 133 , was a court case challenging the constitutionality of the 2003 invasion of Iraq. The case was dismissed, since the plaintiffs failed "to raise a sufficiently clear constitutional issue." The Authorization for Use of Military Force Against Iraq Resolution of 2002 was...
(Appeals court decision on the constitutionality of the Iraq invasion) - Malcolm Kendall-SmithMalcolm Kendall-SmithMalcolm Kendall-Smith is a former medical officer in the British Royal Air Force. He was born in Australia, raised in New Zealand and has dual British-New Zealand citizenship....
External links
- LewRockwell.comLewRockwell.comLewRockwell.com is a 501 libertarian web magazine operated by Burton Blumert , Lew Rockwell , Eric Garris , and others associated with the Center for Libertarian Studies ; its motto is "anti-state, anti-war, pro-market"...
court-martial coverage by Jeff Paterson " Lt. Watada Mistrial Clear Victory" - Ehren Watada: a Soldier Refuses an Illegal War - Video of Lt. Watada's speech in December, 2006, with commentary.