Mar 2003

Believing the U.S. Administration's justifications for war, Lt Ehren Watada applies and is accepted into Army Officer Candidate School Delayed Entry Program prior to college graduation.

May 2003

Graduates from Hawaii Pacific University, magna cum laude

Jun 2003

Enters Basic Training at Fort Jackson, California

Dec 2003

Graduates from Officer Candidate School & receives commission as a 2nd Lieutenant

Jun 2004

Graduates from Field Artillery Officer Basic Course; 6th in a class of 150

Late 2004 to early 2005

While stationed in Korea, Lt Watada is promoted to 1st Lieutenant.  Considered by Battalion Commander to be the in the top four out of 17 officers in his grade

early 2005

Re-assigned from Korea to Ft. Lewis, Washington in anticipation of deployment to Iraq

Jan-Dec, 2005

To prepare for deployment, Lt Watada initiates research to learn more about the region and its people; how and why the war began; and the evidence presented for the U.S. Congress to approve the war.  Over time, he becomes convinced that Congressional approval of the war was based on manipulated intelligence and the war is, in fact, illegal.  If he obeys orders to fight in an illegal war, it will constitute an illegal act.  He must therefore resign his commission.

Jan 2006

Lt Watada submits a letter of resignation to his battalion commander.  He is told he will be transferred out of the unit but then ordered to deploy with the unit on its 30-day Mission Readiness Exercise.  Initially told to reconsider his decision, he is informed in April, 2006 of procedural mistakes in the resignation.

Lt Watada is offered a "safe" position within the Battalion HQ, one recently vacated by a lieutenant allowed to leave the unit.  Having never claimed CO – conscientious objector -- status, he declines the offer.   Lt Watada is then ordered to move immediately to that position.  He is denied a 2-week leave granted to all others within his unit and informed that he will face legal proceedings if he does not change his decision by the time the unit returns from leave.

May 2006

A second letter is submitted, and the resignation is denied due to the unit's "stop-loss" designation, which requires all members to remain on active duty for the full duration of the unit's deployment.  Lt Watada offers to deploy to Afghanistan; the request is denied.

Jun 7, 2006

At a press conference held in a church near Ft. Lewis, Watada announces he will not comply with deployment orders to Iraq.

Jun 22, 2006

Lt Watada fails to board the plane for Iraq with the Third Stryker Brigade of the U.S. Army's 2nd Infantry Division.  He is confined temporarily to base quarters, officially counseled, and notified of a pending investigation.  The following day he is transferred to I Corps HQ.

Jul 5, 2006

Army files charges against Lt Watada for refusing to deploy and statements made in press interviews in June.

Missing Movement - 1 Count, Article 87

Contempt Toward Officials - 2 counts, Article 88

Conduct Unbecoming an Officer and  a Gentleman - 3 counts, Article 133

Aug, 2006

Article 32 hearing held to determine if reasonable grounds exist for the charges against Lt Watada and to gather information to determine the appropriate disposition of the case.  Investigating officer recommends a General Court Martial on all charges.

Final decision regarding the court martial and specific charges rests with Ft. Lewis Commanding General James Dubik

Sept 15, 2006

Army files additional charge against Lt Watada for comments made in August at a Veterans for Peace Convention in Seattle:

Conduct Unbecoming an Officer and a Gentleman - 1 count, Article 133

Nov 9, 2006

Lt General Dubik announces his decision to drop charges of "Contempt Toward Officials" and sets the pre-trial hearing date and court martial date for the other charges against Lt Watada.

Jan 4, 2007

Pre-trial hearing, Ft. Lewis, WA

Jan 15, 2007

Pre-trial hearing decisions are announced. 

-- DENIES the defense motion to allow Lt Watada to testify that he refused to go to Iraq because he would be participating in an illegal war of aggression and crime against peace.

--   DENIES the defense motion to dismiss charges of conduct unbecoming an officer based on Lt Watada’s right to free speech. These charges stem from his public criticism of an illegal and immoral war.

Jan 20-22, 2007

Citizens Hearing on the Legality of the Iraq War, Tacoma, WA

Jan 29, 2007

Prosecution offers a pre-trial agreement:  defense to stipulate to certain facts of the case in exchange for the dismissal of 2 charges of Conduct Unbecoming,  With this stipulation agreement, the Prosecution will not have to subpoena reporters, videographers, and peace activists to authenticate Lt Watada’s statements, which would otherwise be required under the rules of evidence.  Offer is accepted by Lt Watada, and a written 12-page agreement is signed by the prosecution and the defense, reviewed and edited by the judge.

Feb 2, 2007

Citizens’ Hearing panel issues tribunal report. Declares the Iraq War illegal and issues call to conscience of every officer to fulfill their oath of allegiance to the Constitution by refusing orders they believe to be illegal.  

Feb 5, 2007

Court martial:  United States v. 1LT EHREN K. WATADA

1500 supporters converge on Ft. Lewis in support of Lt Watada.

Trial, Day 1:  Military judge rules that most of the proposed defense witnesses were irrelevant to the issues at hand. Defense attorney rebukes the judge for his rulings to restrict the scope of the trial by allowing the defense to call only Lt Watada and one character witnesses and denying the opportunity to call any expert witness to fully explain Lt Watada's motivations and reasons for refusing deployment to Iraq. 

NOTE: In a military court martial, the judge presides and rules on what evidence may be submitted. A panel of seven officers will decide 1st Lt Ehren Watada's guilt or innocence and determine what - if any - punishment he should receive.

Feb 6, 2007

Trial, Day 2:  Prosecution presents three witnesses and then rests.

Lt Colonel Bruce Antonia testifies that Lt Watada was a high quality officer and very smart, an asset to the unit, and that he has never questioned Lt Watada’s integrity. During cross-examination Col Antonia testifies that Lt Watada's statements did not decrease the morale or effectiveness of the unit. According to Col. Antonia, Col. Townsend counseled to make any public statements about the war while off-duty, out of uniform and on his own time.  The statement should be delivered at a site away from Ft. Lewis, and Lt Watada should speak for himself as an individual and not as a representative of the military.

Professor Richard Swain, US Military Academy, West Point, who authored the textbook used in the course on Professional Military Ethics.  “Right or wrong, if an officer is convinced an order is immoral or illegal – there is a distinction between legal issues and moral issues -- if there is a violation of laws, of a principal of law, an officer is not under obligation.  But you have to be right or an officer will be held accountable.  Moral issues -- what I personally cannot do -- this is a moral dilemma.  You have to do what conscience tells you to do, and you must be ready to be fully accountable."

 Lt Colonel William James, who counseled Lt Watada re his decision to resign. Attorney Seitz asked, “Would you expect officers to act in a manner that is not in accord with their conscience?”  Col James’ response: “No.”

Feb 7, 2007

Trial, Day 3:   Before Lt Watada can take the stand, the judge raises concerns re the stipulation agreement reviewed earlier by himself and signed a week before the trial began, stating that it represents an admission of guilt and is a “confessional stipulation. Both the Prosecution and Defense disagree.  In an unusual move, the judge questions Lt Watada directly:  

"What do you mean, you intentionally missed the troop movement?" Head asked, referring to the agreement.

"What I was saying was that I intentionally missed the movement because I felt like participating in that movement would make me a participant in war crimes and an illegal war. ... I have always believed that I had a legal and moral defense," Watada told the judge. "I realize that what the government is arguing is contrary, but that does not negate that belief."

Troubled by Watada's refusal to accept the statement as an admission of all the elements of the charge, the judge declares that he cannot accept the stipulation.  With the stipulation nullified, prosecuting attorney Captain Van Swearingen moves for a mistrial. Defense attorney Eric Seitz objects to the motion, and the judge notes his objection, then declares a mistrial without asking the Defense if it can offer any solutions. 

The jury was impaneled and sworn in, prosecution witnesses testified, the prosecution had already rested its case, and the judge granted a motion for mistrial over the defendant’s objection. Eric Seitz states, "My professional opinion is that Lt Watada cannot be tried again because of the effect of double jeopardy." He will file a motion to dismiss the entire case. 

The Defense and Lt Watada's supporters await the decision of Ft Lewis commanding general, Lt Gen James Dubik.

Feb 23, 2007

Army re-files charges, including 2 charges reinstated with nullification of prior Stipulation of Facts. Defense attorney will seek a hearing to make a case for double jeopardy.

Apr 5, 2007

Lt Watada retains new legal counsel:  attorneys, James Lobsenz and Kenneth Kagan of the Seattle law firm, Carney Badley Spellman.

May 15, 2007

In Arlington, Virginia, Lt Watada’s attorneys file a request with the Army Court of Criminal Appeals (ACCA) for a Stay of Proceedings and dismissal of all charges due to violation of Lt Watada’s right to be free from Double Jeopardy.

May 18, 2007

Army Court of Criminal Appeals (ACCA) grants a partial stay of the defense motion.  Counsel for the Government Appellate Division (GAD)  have 10 days --  until May 29 -- to respond to defense arguments.  At Ft. Lewis, pre-trial litigation of motions may continue without interruption, but the trial itself – currently scheduled for July 23^rd -- is ordered stayed until ACCA decides the case in Virginia. 

May 28, 2007

In Virginia, the Defense files with ACCA to request oral arguments and for an extension of time to reply to the GAD’s response.  GAD opposes the motions, and Watada attorneys respond on May 30.

May 31, 2007

Regarding the 2^nd trial in Ft. Lewis, Judge John Head grants the Defense motion to move the pretrial motions hearing from June 5 to July 6.

Jun 1, 2007

Regarding the request for dismissal of charges, ACCA grants the Defense motion for extension from June 5 to June 15.  A ruling on the Defense request for oral argument is pending.

Jul 4, 2007

Judge Head denies Watada attorneys’request that he recuse himself     from the hearing on their motion to dismiss charges against Lt Watada     based on double jeopardy. The judget denies any preconceived notions and rules against the motion to dismiss. Attorneys Kagan and Lobsenz file notice they will appeal the double jeopardy ruling to the Army Court of Criminal Appeals in Arlington, Va.

Jul 17, 2007

The army announces an Oct 9^th court date for the second court-martial of 1st Lt Ehren Watada.

The Army Court of Criminal Appeals denies Lt Watada’s appeal.

Sept 18, 2007

Lt Watada’s attorneys take his appeal to the U.S. Court for the Armed Forces -- the highest appeals court in the military justice system.

Oct 3, 2007

With no response from the Court of Appeals for the Armed Forces and his second trial scheduled to convene in 6 days, Lt Watada’s attorneys take his case to federal court with a petition with for writ of habeas corpus and emergency request to stay of the Oct 9th court-martial. 

The petition states that the 2^nd trial places Lt Watdada in double jeopardy because he was court-martialed earlier this year on the same charges and that over his objection, a mistrial was declared "without there being the requisite manifest necessity for such declaration."  The petition further requests that Lt Watada be allowed to leave the Army. Hsi term of service ended in December, but the pending legal proceedings have prevented his discharge.

Oct 4, 2007

The Seattle Post-Intelligencer editorial board calls for the army to drop charges against Lt Watata:  ”However the defense appeals turn out, we think there is a case for letting Watada leave the Army without further ado. That could be taken as a statement of higher-level confidence, a choice to focus on the larger military mission that President Bush and Gen. David Petraeus insist is making new progress. At a minimum, many of those who oppose the Iraq war would welcome the leniency for someone they view as a person of conscience..”

Oct 4, 2007

U.S. District Judge Benjamin Settle hears arguments from Lt Watada’s attorneys and indicates he will try to rule by late Friday - or by Tuesday, Oct 9, the day the court-martial is to begin. 

The judge is particularly interested in the question of whether he has jurisdiction in the case.  Settle indicates that he might defer to the military appeals court if it makes a decision by Friday, Oct 5, but if he becomes conviced that he has jurisdiction, he would have no trouble reaching a decision about whether or not to issue a stay.

Oct 5, 2007

In a rare intervention of a civilian court in the military justice system, the U.S. District Court judge grants an emergency stay shortly before close of business in Tacoma on Oct 5, the last business day before Lt Watada’s scheduled trial dat   (Oct 8 is a Federal holiday.). 

Judge Settle states that his court has jurisdiction on the request for an emergency stay because Lt Watada "has exhausted his available military court remedies with respect to his double jeopardy claim.  He further states that "the Court has not been presented any evidence showing that Petitioner's double jeopardy claim lacks merit. On the contrary, the record indicates that Petitioner's double jeopardy claim is meritorious." 

Watada's trial, slated to begin at 9 a.m. Tuesday, is now postponed until at least Oct. 26 and a briefing schedule established for Judge Settle to examine the merits of the double jeopardy argument and how long he will continue the stay. The government has until Oct. 12 to file its arguments, and Watada's lawyers must reply by Oct. 17. Another hearing is planned for Oct. 19.

Oct 19, 2007

Judge Settle of the US District Court in Tacoma issues an order      extending the stay of court martial proceedings against Lt. Watada until November 9, 2007 or until further order of the court.  Purpose is to allow sufficient time for review of legal records.

  Judge Settle issues a temporary injunction to halt any further court         martial proceedings of Lt Watada until the conclusion of teh habeas corpus proceedings.  

 The court holds that Lt. Watada is likely to succeed at demonstrating that the military judge acted 'irrationally, irresponsibly, precipitately' and abused his 'discretion,' that the judge failed to consider feasible alternatives to a mistrial and there was no good reason for having stopped the trial in February, 2007 

 In response, the Army announces its intent to file briefs in U.S. District Court to try to prevent the injunction from becoming permanent.

  On June 22, 2006, U.S. Army 1st Lieutenant Ehren K. Watada stepped forward as the first commissioned officer to publicly refuse deployment to the Iraq War and occupation. He faced court martial and up to 6 years imprisonment for refusing to deploy and for speaking out against a war that he believes is illegal. 

Lt Watada’s court martial in February, 2007, came to an abrupt end when a mistrial was declared.  The mistrial occurred after the jury had been impaneled and sworn in, prosecution witnesses had testified and the prosecution had rested its case.  In response to charges re-filed by the government, the Defense filed a motion to dismiss on the basis of double jeopardy with the court at Ft Lewis, followed by appeals to the Army Court of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces.   

Having exhausted all available military court remedies with respect to his double jeopardy petition, Lt Watada’s has won an emergency stay of court martial from U.S. Federal Court, which considers his double jeopardy claim meritorious and will hear from the army and Lt Watada’s attorney before deciding how long he will continue the stay.

Lt Watada’s attorneys are also asking that he be allowed to leave the Army. His term of service ended in December, but the pending legal proceedings have prevented his discharge. 

In support of his courageous action, the Lt Ehren Watada Campaign is working to educate and broaden the dialog on constitutional rights while mobilizing grassroots action to insure that our government upholds Lt Watada's right to speak out and refuse to participate in illegal military action in Iraq.  

Help us educate and mobilize others by signing the petition and making a donation to the Lt Watada defense fund.