Fort Lewis war objector’s court-martial postponed

TACOMA – A federal court judge on Friday temporarily blocked a court-martial scheduled for an Iraq war objector based at Fort Lewis.

The court-martial of Army 1st Lt. Ehren Watada had been scheduled to start Tuesday. Watada’s lawyers argue the Army is violating his constitutional rights by trying him twice for the same crime.

Watada is charged with missing his unit’s deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war.

In his ruling, U.S. District Judge Benjamin Settle concluded his court had jurisdiction on the request for an emergency stay because Watada “has exhausted his available military court remedies with respect to his double jeopardy claim …”

Settle also decided that claim was “not frivolous.”

The judge has asked for a response by the Army by Oct. 12 and additional briefs from Watada’s lawyers by Oct. 17. The earliest the judge might rule, based on those arguments, is Oct. 19. His stay will remain in effect until Oct. 26 or until further action by the court.

Jim Lobsenz, one of Watada’s lawyers, said Watada had been informed of the stay and “he’s very happy – and I’m very happy too.”

Watada contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army, which refused his request to be posted in Afghanistan or elsewhere, declared his first court-martial a mistrial in February, over the lieutenant’s objections.

If convicted, Watada could be sentenced to six years in prison and be dishonorably discharged.