Last week Courage to Resist supporters took action to ask the Solicitor General to drop the Army's appeals against Iraq War refuser Lt. Ehren Watada. Yesterday, he did just that!

Mark Jensen. May 8, 2009

On Wednesday, at the request of the Justice Department, the 9th U.S. Circuit Court of Appeals dropped the government's case against Lt. Erhen Watada, which has been followed closely on this web site since June 7, 2006, when Lt. Watada publicly stated at Associated Ministries in Tacoma the reasons for his principled refusal to deploy to Iraq. -- The Associated Press said that "Watada's attorney, James Lobsenz, said in a news release that his client anticipates he will soon be released from active duty and 'plans to return to civilian life and to attend law school.'"[1]

The Justice Department can say no to Army’s legal appeal; "Dear Solicitor General: Tell the Army to drop the appeal against Lt. Watada"

By the Ad Hoc Campaign to Free Ehren Watada. April 27, 2009

In June 2006, U.S. Army 1st Lt. Ehren Watada refused orders to Iraq on the grounds that the war was illegal and immoral. His court martial in February 2007 ended in an Army-contrived mistrial. In October 2007, the Army attempt to have a second court martial was stopped by a Federal judge who ruled that a second court martial would be double jeopardy. But the Army has not allowed Lt. Watada to leave military service. Instead, they have notified the U.S. Court of Appeals, Ninth Circuit of their plans to appeal the double jeopardy ruling. The Army has also threatened to revive old charges stemming from Lt. Watada’s speech in Seattle to the 2006 convention of Veterans For Peace.

By Mark Jensen, UFPPC. October 22, 2008

A federal judge said Tuesday that Lt. Erhen Watada cannot be retried on the most serious charges against him, because he is protected by the U.S. Constitution's ban on double jeopardy, the Associated Press reported.[1]

Lt. Watada refused to deploy to Iraq in June 2006 on the grounds that the Iraq war is illegal, and his U.S. Army court-martial in February 2007 ended in a mistrial.

By Courage to Resist. June 15, 2008

The U.S. Army’s case against 1st Lieutenant Ehren Watada remains unresolved, 2 years after Lt. Watada boldly and publicly refused deployment to Iraq with his unit in June 2006. Seven months ago U.S. District Judge Benjamin H. Settle set in place a temporary injunction against a second court martial after the prosecution and military judge orchestrated a mistrial during the first trial in February 2007.

Lt. Watada remains stationed at Fort Lewis, Washington where he works a desk job and is under no special restrictions. Though his term of service ended in December 2006, these ongoing legal proceedings prevent his release from duty.

Lt. Watada supporters march in Seattle 10/27/07

Federal judge bars Army retrial of officer who refused Iraq War

By Jeff Paterson, Courage to Resist. November 11, 2007

Civilian federal Judge Benjamin Settle blocked the Army’s plans for a second court-martial of prominent Iraq War military resister First Lieutenant Ehren Watada. Judge Settle’s preliminary ruling last Thursday found that a retrial would violate Lt. Watada’s Fifth Amendment protections against being tried for the same crime twice—known as double jeopardy.

Ruling by Judge Benjamin Settle (PDF). November 8, 2007

Select for poster PDF

October 19 update: U.S. District Court Judge Settle issued a postponement today giving himself at least until November 9 to review and weigh the "considerable portions" of the double jeopardy issue before him.

We demand: Stop the retrial, drop the charges, and honorable discharge now for Lt. Watada! Support all war resisters!

By Watada National Steering Committee. October 17, 2007

The Watada National Steering Committee of Friends and Family of 1st Lt. Ehren Watada urge to you act this week and next in support of Lt. Ehren Watada. He refused to fight in the illegal war in Iraq and is facing a possible second court martial and up to 6 years in prison.

By Mike Barber, Seattle Post-Intelligencer. October 5, 2007

A federal judge in Tacoma has delayed the court-martial of 1st Lt. Ehren Watada, a Fort Lewis Army officer to refuse to deploy to Iraq.

In a rare intervention of a civilian court in the military justice system, U.S. District Court Judge Benjamin H. Settle granted the emergency stay (PDF) shortly before close of business Friday. Watada's trial, slated to begin at 9 a.m. Tuesday, is now postponed until at least Oct. 26, the judge ruled.

In granting the stay at 4:48 p.m., Settle determined that he has jurisdiction under federal law to grant the stay and that Watada's claim that a second-trial amounts to double jeopardy is not frivolous and "has merit" for consideration.