[NYTr] WATADA: Federal prelim injunction granted against 2nd court martial

[All the News That Doesn't Fit]

[Judge Settle has found that Watada's double-jeopardy argument is valid
AND he  "also  found  that  the  granting  of  a  preliminary
injunction is necessary in part because Watada will 'probably prevail
on the merits' of his case, his ruling said."  Very good news, because
the "merits" have to do with refusing orders to participate in an
illegal war. -NY Transfer]

sent by MichaelP

The Olympian - November 09, 2007
http://www.theolympian.com/news/story/266430.html


Court-martial of Watada might not come

1st  Lt. Ehren Watada, the Fort Lewis officer who refused to deploy to 
Iraq last year, might never see another courtroom.

U.S.  District Judge Benjamin Settle on Thursday imposed a preliminary 
injunction  to  temporarily  bar  the Army from trying Watada a second 
time while saying the officer likely will prevail on the merits of his 
pending case.

Since  his first court-martial ended in mistrial in February, Watada's 
lawyers  have  argued  that trying him a second time would violate his 
Fifth  Amendment  protection  from  being  tried  for the same offense 
twice.  On  Oct.  3,  as Watada's appeals in the military court system 
were  being  exhausted,  his  attorneys took the rare step of asking a 
federal civilian court to step in.

Settle  granted  Watada's  request for an emergency stay of the second 
court-martial,  scheduled to begin Oct. 9, to allow him time to review
the extensive  legal  arguments presented [by] lawyers representing
Watada and  the Army.  The  injunction would be enforced pending the
court's decision on Watada's claim.

Based  on  his  33-page court ruling, a second court-martial might not 
proceed.

Settle   ruled   that   the   civilian   court's  review  of  Watada's 
double-jeopardy  claim  is  appropriate,  rejecting claims by the Army 
that  the  court  can  only step in after the conclusion of the second 
court-martial and likely appeals within the military court system.

He  also  found  that  the  granting  of  a  preliminary injunction is 
necessary in part because Watada will "probably prevail on the merits"
of his case, his ruling said.

Settle reached that conclusion largely because of what he said was the 
abuse  of  discretion  by  Lt.  Col. John Head, the military judge who 
presided  in  Watada's  first  court-martial, in rejecting a so-called 
stipulation of fact agreed upon by the government and defense that led
to the mistrial, the ruling shows.

Watada,  who  lives  in  Olympia,  had been charged with missing troop 
movement  and  two  counts  of  conduct  unbecoming an officer for his 
statements critical of the Bush administration and its rationale to go
to war in Iraq.