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TACOMA, Wash. (AP) - The Army cannot hold a second court-martial for an Iraq war objector until the resolution of the soldier's claim that it would violate his right against double jeopardy, a federal judge ruled Thursday.
The first court-martial for 1st Lt. Ehren Watada, who is charged with missing his unit's deployment to Iraq in June 2006, ended in a mistrial in February. U.S. District Judge Benjamin H. Settle wrote that the military judge likely abused his discretion in declaring the mistrial.
Watada contends that the war in Iraq is illegal and that he would be party to war crimes if he served there. He is also charged 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.
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