To the six charges already filed against 1st Lt. Ehren K. Watada, the U.S. Army has announced it is adding another, based on a speech he gave on Aug. 12 at the Veterans For Peace convention in Seattle, AP reported Friday.[1] -- But Fort Lewis commander Lt. Gen. James Dubik (address for letter-writing available here) has still not decided whether or not Watada will be court-martialed. -- In June, Lt. Watada refused deployment to Iraq on the grounds that orders to go are illegal under U.S. and international law; he was formally charged in July and given an Article 32 (pre-trial) hearing in August. -- The additional charge of "conduct unbecoming an officer" is one that "a military judge is probably going to dismiss," according to Watada's attorney, Eric Seitz, the Honolulu Advertiser reported Saturday.[2] -- Seitz told the Advertiser that "it appears more and more likely the case won't go to court-martial until 2007." -- Seitz also said that Watada is "doing fine," and is still "very committed to what he said and what he's done." -- The News Tribune (Tacoma, WA) reported that the Army said Watada could spent eight years in prison, if convicted on all charges.[3] ...
1.
FORT LEWIS WAR OBJECTOR FACES NEW CHARGE
Associated Press
September 15, 2006
http://www.forbes.com/technology/feeds/ap/2006/09/15/ap3021650.html
The Army added another charge against a lieutenant who refused to serve in Iraq because he believes the war is illegal, but did not say if the case will proceed to a court martial.
The new charge is based on Lt. Ehren Watada's remarks to the national convention of Veterans for Peace, held in Seattle last month, Army spokesman Joe Piek said Friday.
At the veterans gathering, Watada said that "to stop an illegal and unjust war, soldiers can choose to stop fighting it," according to a support group, Friends and Family of Lt. Watada.
Watada, 28, of Honolulu, Hawaii, refused to deploy on June 22 with his Fort Lewis-based unit. He already was charged with missing troop movement, conduct unbecoming an officer and contempt toward officials, including using "contemptuous words" against President Bush in media interviews.
Conviction on all charges could bring a maximum of seven years in prison, Piek said.
The Fort Lewis commander, Lt. Gen. James Dubik, will decide whether the case proceeds to court martial, Piek said. Last month, investigating officer Lt. Col. Mark Keith recommended that Watada be court-martialed.
"The Army's unwillingness thus far to seek any reasonable solution or outcome of this situation certainly has placed Lt. Watada into a position where he has little or no choice but to vigorously defend himself against charges that we submit are extravagant and unjustified," Eric Seitz, Watada's civilian defense attorney, wrote in a rebuttal submitted to the military court in August.
2.
Local News
LT. WATADA FACING NEW CHARGE
By William Cole
Honolulu Advertiser
September 16, 2006
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20060916/NEWS08/609160331/1001/NEWS
The Army yesterday added a charge to those already faced by 1st Lt. Ehren K. Watada for refusing to deploy to Iraq on the grounds that the war is illegal and unjust.
The additional specification under the charge of conduct unbecoming an officer for comments made in an Aug. 12 speech means the Honolulu man faces another possible year in prison -- now a total of eight years -- if convicted, his attorney, Eric Seitz, said.
Seitz said the Army "is trying to shut up and stifle" Watada.
"It's part of a continuing process where, even before he did anything, they called him in and threatened him that he's got to be quiet," Seitz said, "and that if he says anything, he's going to get into more trouble."
The 1996 Kalani High School graduate several times tried to resign his commission, and publicly made known his intentions to refuse to deploy with his Stryker vehicle unit when it left on June 22 for northern Iraq.
But Joe Piek, a spokesman at Fort Lewis, Wash., where Watada is based, said ever since the lieutenant's first press conference, "the Army has at no time infringed upon his right to speak."
"Nobody has ever told him to be quiet," Piek said.
On Aug. 12 at a Veterans for Peace convention in Seattle, Watada advocated a strategy that he said became instrumental in ending the Vietnam War. "The idea is this: that to stop an illegal and unjust war, the soldiers can choose to stop fighting it."
Watada was accused of missing a troop movement, conduct unbecoming an officer and contempt toward officials, including using "contemptuous words" against President Bush in media interviews.
The 28-year-old has become a lightning rod for controversy over the definition of military duty as an officer and for a nation polarized over the unpopular Iraq war.
An Article 32 hearing, similar to a civilian grand jury or preliminary hearing, was held in August. An Army officer recommended that Watada face court-martial on the three charges against him, but Lt. Gen. James Dubik, the Fort Lewis commander, has the final say.
Seitz said that when Watada was summoned by officials yesterday, he expected to be told the case had been referred to court-martial. Instead, he was told the new specification had been added.
A video of the Veterans for Peace speech was shown at the Article 32 hearing, but Seitz said it's the first time the Army has said Watada would face a charge related to it, and the defense did not have a chance to litigate the charge at the hearing.
"If they go ahead and add this charge without reconvening an Article 32 and we get to trial, we're going to move to dismiss it because it wasn't presented at the Article 32, and my belief is a military judge is probably going to dismiss it," Seitz said.
Seitz said it appears more and more likely the case won't go to court-martial until 2007.
The Honolulu attorney said he hopes to convince the court that Watada was sincere and that he acted in the best of faith. Watada maintained he had a constitutional duty to oppose participation in the Iraq war.
The investigating officer agreed that every officer is duty-bound to evaluate orders for legality, but due to the complexity of U.S. and international law, it would be "very difficult" and Army officers should not try to determine the legality of combat operations ordered by the president.
Watada was assigned a desk job and has been doing administrative planning work. "He's doing fine," Seitz said. "He's very committed to what he said and what he's done."
--The Associated Press contributed to this report.
--Reach William Cole at wcole@honoluluadvertiser.com
3.
Fort Lewis
IRAQ WAR OBJECTOR FACES NEW CHARGE FOR REMARKS IN SEATTLE SPEECH
By Michael Gilbert
News Tribune (Tacoma, WA)
September 16, 2006
http://www.thenewstribune.com/news/local/story/6099780p-5345813c.html
Lt. Ehren Watada faces an additional count of conduct unbecoming an officer, officials said Friday.
Watada’s commander added a seventh count to the six he already faces in connection with his refusal to go to Iraq in June with the Fort Lewis-based 3rd Brigade, 2nd Infantry Division. The new charge stems from remarks Watada made in a speech Aug. 12 at the Veterans for Peace national convention in Seattle.
In the speech, the 28-year-old artillery officer repeated his opposition to the war and called on deployed soldiers to refuse to fight.
A videotape of the speech was played at an Army hearing Aug. 17 into the evidence against Watada.
The lieutenant’s attorney, Eric Seitz, characterized the additional charge as further evidence of the Army’s intent to silence his client.
“That’s what they’ve been trying to do from the beginning,” Seitz said. He said Watada would continue to appear at some limited speaking engagements.
An Army officer who reviewed the evidence recommended Watada be court-martialed for missing his unit’s movement to Iraq, two counts of making contemptuous statements about President Bush, and three counts of conduct unbecoming an officer.
The Fort Lewis commanding general, Lt. Gen. James Dubik, has not yet announced whether he’ll order Watada to be court-martialed.
If convicted of the original six charges and the seventh, Watada would face up to eight years in prison, Fort Lewis spokesman Joseph Piek said.
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