Lieutenant claims right to debate war

FORT LEWIS, Wash. – An Army lieutenant who called the Iraq war illegal and refused to deploy with his Stryker Brigade has a constitutional right to debate such political issues, his lawyer told a pretrial hearing Thursday.

Seeking to reduce the charges against 1st Lt. Ehren Watada, his attorney, Eric Seitz of Honolulu, said the soldier should not be penalized for statements he made explaining why he refused to go to Iraq and why he was challenging the Bush administration’s reasons for going to war.

Watada, 28, is charged with missing movement after refusing to deploy with his unit, the 3rd Brigade, 2nd Infantry Division. The Army also proceeded with charges of conduct unbecoming an officer for statements he made to journalists and at a veterans convention.

Seitz argued that the latter charges should be dropped.

“He should not face another four years of penalties because he chose to explain his reasons for opposing the war,” Seitz told Lt. Col. John Head, the military judge overseeing Watada’s case.

Army prosecutors argued that Watada’s statements are offensive to the military and must be looked at in the context in which they were made and the effects they could have as well as the danger they present to the military’s mission.

“The dividing line and what makes it more disgraceful is the fact that he made it to more than one person,” Capt. Daniel Kuecker said.

Seitz also requested an evidentiary hearing to argue the legality of the war. At a hearing in August, he called on several witnesses to support Watada’s contention that the Iraq invasion violated domestic and international law.

Head suggested that such arguments would go to Watada’s motive for not deploying and therefore would not be admissible. However, he later said the Army had opened the door by charging the soldier for comments made during a June news conference. Court documents show partial statements in which Watada said, “It is my conclusion as an officer of the Armed Forces that the war in Iraq is not only morally wrong but a horrible breach of American law.”

“You’ve essentially charged his motive as an offense,” Head told prosecutors.

Head said he would rule in writing but did not say when.

Watada refused to go to Iraq June 22 with his Stryker Brigade after conducting research and deciding the war was illegal. He said he would be willing to serve in Afghanistan or elsewhere.

The soldier was initially charged with missing troop movement, conduct unbecoming an officer and contempt toward officials for comments he made about President Bush.

He was not allowed to resign his commission because his unit is covered by a stop-loss policy.

If convicted of all charges, Watada could serve six years in confinement and be dismissed from the service.

He now works in an administrative position. His court-martial is scheduled for Feb. 5 at Fort Lewis.