The Army's attempted use of journalists to criminalize and prosecute speech.
In June 2006, Lt. Watada held a press conference where he declared that the Iraq War was illegal, and that it was his duty to refuse orders to deploy. Lt. Watada was charged with violations of articles 87 and 133 of the Uniform Code of Military Justice for refusing to deploy to Iraq, and publicly explaining his reasons for doing so. If convicted, he faced up to six and a half years in prison.
The Army's prosecution of the first officer to publicly refuse to deploy to Iraq has been in legal limbo since a February court martial ended abruptly when the military judge threw out a stipulation agreement and declared a mistrial.
As Lt. Watada's case appears to be headed for what supporters call a victory, it's useful to remember that the original issues Lt. Watada raised -- those of the illegality of the war, and a soldier's obligation to refuse orders thought to be illegal -- have not yet had their day in court.
The Army's prosecution of the first officer to publicly refuse to deploy to Iraq has been in legal limbo since a February court martial ended abruptly when the military judge threw out a stipulation agreement and declared a mistrial.
As Lt. Watada's case appears to be headed for what supporters call a victory, it's useful to remember that the original issues Lt. Watada raised -- those of the illegality of the war, and a soldier's obligation to refuse orders thought to be illegal -- have not yet had their day in court.
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