Court-martial begins amid demonstrations

FORT LEWIS, Wash. – The judge in the case against the first U.S. officer court-martialed for refusing to ship out for Iraq barred several experts in international and constitutional law from testifying Monday about the legality of the war.

First Lt. Ehren Watada, 28, of Honolulu, is charged with missing movement for refusing to ship out with his unit, the 3rd Brigade, 2nd Infantry Division. He also faces charges of conduct unbecoming an officer for accusing the Army of war crimes and denouncing the administration for conducting an “illegal war” founded on “lies.”

As the court-martial got under way, military judge Lt. Col. John Head excluded virtually all the planned defense witnesses. Head previously ruled that Watada’s attorney, Eric Seitz, could not debate the legality of the Iraq war in court.

If convicted, Watada could receive four years in prison and a dishonorable discharge. He requested that his case be heard by a military panel of officers, the equivalent of a jury.

At one point, Seitz suggested Head could be committing judicial misconduct if he denied Seitz an opportunity to ask panel members biographical questions to determine any bias.

“If you are going to tie my hands and you are going to script these proceedings, then in my view we’re all wasting our time,” Seitz said.

The judge said Seitz would be allowed to question panel members individually.

Panel selection began in the afternoon, with the defense and prosecution questioning a pool of 10 officers: a colonel, two lieutenant colonels, three majors and four captains.

Seitz appeared intent on discovering whether any members had any preconceived notions on officers who have refused to deploy with their units, and based on that, whether they felt any soldier who did should be removed from the military.

In addition to questions about their educational background and hobbies, Seitz asked what, if anything, they had read or seen about Watada’s case and whether they would be compelled to administer a certain kind of punishment based solely on the charges if his client were to be convicted.

Potential panel members also were asked if there was anything about Watada’s actions that, given their own experience, would affect their ability to remain impartial while hearing the case.

Ultimately, seven of the officers were selected to serve on the panel.

Although other officers have refused to deploy to Iraq, Watada is the first to be court-martialed.

Outside the base, a small group that included actor Sean Penn demonstrated in support of Watada. A few others demonstrated against him, including one man who carried a sign calling Watada a “weasel.”

Army prosecutors have argued that Watada’s behavior was dangerous to the mission and morale of soldiers in Iraq.