Legal Commentary

No Second Trial For Watada

By TChris

Ehren Watada refused to deploy to Iraq after he "gradually came to the conclusion that the Bush administration had lied about the basis for war and had betrayed the trust of the American people." Watada stipulated that he did not deploy with his unit as ordered. The judge at Watada's courts martial decided that Watada did not understand the legal significance of that stipulation and told the jury to disregard it. The prosecution had already rested its case. The judge granted the prosecution's request for a mistrial.

U.S. District Judge Benjamin Settle ruled today that Watada cannot be tried on those charges again. The government rested without proving its case, and Watada did not request or provoke the mistrial. Under those circumstances, the protection against double jeopardy bars a second prosecution. [More...]

Watada was also prosecuted for unbecoming conduct for making uncomplimentary comments about the war. Two of those charges survive today's ruling, but they may not survive Watada's claim that he has a First Amendment right to dissent from the government's position on an issue of public importance.

Full post as published by TalkLeft on October 22, 2008 (boomark / email).