War objector’s second court-martial blocked

TACOMA – A federal judge has temporarily blocked the Army from conducting a second court-martial of an Iraq war objector based at Fort Lewis, saying it’s likely the second trial would violate the soldier’s constitutional rights.

Granting an emergency motion for a stay, U.S. District Judge Benjamin H. Settle ruled Thursday that no court-martial will be held for 1st Lt. Ehren Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges.

Watada’s first court-martial ended in a mistrial in February; Settle wrote that the military judge likely abused his discretion in declaring the mistrial.

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

Watada contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army refused his request to be posted in Afghanistan or elsewhere.