Bye bye, double jeopardy
Speaking up has its rewards. At least, that might be what Lt. Ehren Watada might be thinking, now that the U.S. Department of Justice has decided to drop its appeal to pursue a second court-martial against him.
Watada, stationed at Fort Lewis, made headlines in 2006 when he refused deployment to Iraq with the rest of his brigade. The highest ranking soldier at the time to say no to shipping out with fellow soldiers, his actions led to his being court-martialed by the Army.
His first court-martial in Feb. 2007 -- a high-profile event that drew hundreds of supporters to Fort Lewis, including Oscar-winning actor Sean Penn, along with a couple dozen opponents -- ended in a mistrial. When the Army threatened to court-martial him a second time, Watada's legal team sued the U.S. District Court, claiming such actions would result in double jeopardy, also violating Watada's constitutional rights.
Last October, a U.S. District Court judge ruled that Watada could not be tried again, a decision that the Justice Department appealed. On May 6, that appeal was dropped.
Even so, Watada may still be looking at another court appearance. When the judge ruled last autumn that he couldn't be tried again, that only covered charges relating to Watada's refusal to deploy. The U.S. Army can still try the officer for two counts of conduct unbecoming, charges stemming from comments he made to media organizations regarding the immorality and illegality of the Iraq War and his feelings about former President George Bush.