United for Peace of Pierce County, WA - We nonviolently oppose the reliance on unilateral military actions rather than cooperative diplomacy.

"[N]o paperwork has been filed to date" by the U.S. Army to prevent Federal District Judge Benjamin Settle's injunction against a retrial of Lt. Ehren Watada, the Pacific Citizen said on Monday.[1] -- The Honolulu Star-Bulletin reported Sunday that Watada attorney Ken Kagan "said he expects the case to eventually go before the 9th U.S. Circuit Court of Appeals where it may take up to three years before a decision is rendered. 'Our experience has shown us that 9th Circuit matters consume somewhere between 18 months to three years,' Kagan said. 'I don't know of any reason they would put it on some fast track.'"[2] -- "[L]egal proceedings have prevented his discharge," Gregg Kakesako noted; Lt. Watada continues to work in an administrative capacity at Fort Lewis. -- Watada's father told the Honolulu Advertiser: "I kind of think it's like Guantanamo — just hold him."[3] ...

SEVEN MONTHS AFTER A FEDERAL JUDGE PREVENTED THE ARMY FROM A SECOND COURT-MARTIAL, NO NEW PAPERWORK HAS BEEN FILED

In the past several months the name of 1st Lt. Ehren Watada has seen very little press time. That's a major change from last November when the JA officer's name was a frequent presence in both the mainstream and Japanese American press.

It was seven months ago (http://www.ufppc.org/content/view/6807/) that a federal judge blocked the U.S. Army from conducting a second court-martial of Watada for refusing to deploy to Iraq with his unit in June of 2006.

U.S. District Judge Benjamin H. Settle ruled that a second trial would violate Watada's constitutional rights, essentially agreeing with the officer's attorneys who argued double jeopardy -- that a person could not be tried twice for the same crime.

Although the Army had indicated its intention to file paperwork to prevent the federal judge's injunction from becoming permanent, no paperwork has been filed to date.

"I kind of think it's like Guantanamo -- just hold him," said the officer's father Bob Watada in an interview with the Honolulu Advertiser.

Ehren Watada -- the first commissioned officer to refuse deployment to Iraq -- continues to work in an administrative position at Fort Lewis in Washington.

Watada, a 1996 graduate of Kalani High, announced his decision to refuse deployment to Iraq with his Stryker Brigade in June of 2006, setting off a firestorm of controversy in the Japanese American community.

Some argued that his refusal was a stain on the legacy of the heroic World War II JA veterans and that as an officer he took an oath to serve his country. Others have argued that Watada's stance is an honorable one for his refusal is based on his belief that the Iraq War is not only immoral but illegal.

In interviews with the Pacific Citizen, Watada has said that he is willing to serve in other areas of the world, including Afghanistan. In addition, prior to his refusal to deploy to Iraq he had offered to submit his resignation which was refused by his superiors.

Watada was tried in military court in February 2007 for charges of conduct unbecoming an officer and of missing troop movement.

"The attorneys are talking to the Army. They aren't telling me what they are saying, but they are talking to them," said Bob Watada to the *Advertiser*.

He hopes his son's attorneys will be able to bring the issue to a conclusion soon.

It was two years ago yesterday that 1st Lt. Ehren Watada, a 1996 Kalani High School graduate, declared publicly that he would not deploy to Iraq with his Stryker brigade combat team. Today, Watada is still in the Army working at a desk job at Fort Lewis, Wash., while his case is tied up in federal court.

Ken Kagan, Watada's attorney, told the *Star-Bulletin* that federal judge Benjamin Settle in Tacoma will probably take up the matter early this fall. In November, Settle ruled that no court-martial will be held for Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges.

Watada, who contends the war is illegal, is charged with missing his unit's deployment to Iraq on June 22, 2006, and with conduct unbecoming an officer for denouncing President Bush and the war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged. Since then, his unit fought in Iraq for 18 months and returned in October

Kagan said he expects the case to eventually go before the 9th U.S. Circuit Court of Appeals where it may take up to three years before a decision is rendered. "Our experience has shown us that 9th Circuit matters consume somewhere between 18 months to three years," Kagan said. "I don't know of any reason they would put it on some fast track."

Watada's first court-martial ended in a mistrial in February 2007. Settle wrote that the military judge likely abused his discretion in declaring the mistrial. Watada's term of service in the military ended December 2006, but the legal proceedings have prevented his discharge.

His father, Bob Watada, says the Army doesn't seem to want to, and his son remains in legal limbo.

The 1996 Kalani High graduate is still at Fort Lewis, Wash., pushing papers after he refused to go on his Stryker brigade's deployment to Iraq in June 2006.

Ehren Watada, 30, denounced the war as illegal and unjust, and said if he went, it would make him a party to war crimes.

The Honolulu man, who said he would have served in Afghanistan, was the first commissioned officer to publicly refuse deployment to the Iraq war.

Watada was charged with missing his unit's deployment to Iraq and with conduct unbecoming an officer for denouncing President Bush and the war.

Public opinion at the time reflected the polarization that existed over the Iraq war. Many military members said Watada violated his oath as an officer, and that he had no right to decide whether the Iraq war was just or unjust -- essentially choosing which wars he would or wouldn't participate in.

A federal judge last November blocked the Army from conducting a second court-martial of Watada after the first one went awry, saying it was likely the second trial would violate his constitutional rights.

The ruling was based on the principle of double jeopardy, which protects individuals from being tried twice for the same crime.

According to Watada's supporters, the Army announced its intent to file court papers to try to prevent the injunction from becoming permanent, and then did nothing.

U.S. District Judge Benjamin H. Settle did not indicate in his November order what the next steps would be; Watada's attorneys, Jim Lobsenz and Ken Kagan, inferred that the burden was then on the government to come forward and modify or dissolve the injunction.

"I kind of think it's like Guantanamo -- just hold him," said Bob Watada, a former Hawai'i Campaign Spending Commission executive director who now lives in Oregon.

Watada was tried in a military court in February 2007 for failing to deploy and conduct unbecoming an officer. If eventually convicted, he faces six years in prison.

That first court-martial ended in a mistrial. Settle, the federal court judge, said the military judge likely abused his discretion in declaring the mistrial.

Watada now reports to a desk job at Fort Lewis, a base south of Seattle. His father said his son doesn't have security clearance to do anything.

"The attorneys are talking to the Army. They aren't telling me what they are saying, but they are talking to them," Bob Watada said.

Bob Watada said he suggested to his son's attorneys that they somehow force a conclusion to the issue.

"I talked to him -- he was going to take some classes, then he was not certain exactly what was going to happen, at least for the fall term, so he dropped that idea," Bob Watada said.