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Resistance to war cannot be jailed
Seattle Post-Intelligencer
By Amy Goodman, Guest Columnist
February 1, 2007 

You can jail the resisters, but you can't jail the resistance. George W. Bush, take notice as U.S. Army Lt. Ehren Watada is court-martialed next week. Congress, take heed. Young people in harm's way are leading the way out of Iraq. It is time you followed.

Watada was the first commissioned officer to refuse deployment to Iraq. He joined the military in March 2003. He believed President Bush's claims that Saddam Hussein had weapons of mass destruction, connections to 9/11 and al-Qaida, and that Iraq was an imminent threat to the United States

After signing on, he studied intensively to be well prepared to lead troops in Iraq. His studies, and the daily news coming out of Iraq of civilian deaths and no WMD, led him to the conclusion that the war was not only immoral, but also illegal.

On June 6, 2006, Watada said: "My moral and legal obligation is to the Constitution and not to those who would issue unlawful orders. ... As the order to take part in an illegal act is ultimately unlawful as well, I must, as an officer of honor and integrity, refuse that order."

He refused to deploy. The Army charged Watada with missing the troop movement, contempt toward officials and conduct unbecoming an officer. Watada hoped that his court-martial would be a hearing on the legality of the war. He was not claiming conscientious objection; rather, he says, he simply refused an illegal order. He offered to resign his commission. He offered to serve in Afghanistan. The Army refused his offers. A military judge ruled Watada cannot present evidence challenging the war's legality or explain what motivated him to resist his deployment order.

On our "Democracy Now!" news hour, Watada said of his upcoming Feb. 5 court-martial, "it will be a non-trial. It will not be a fair trial or a show of justice. I think that they will simply say: 'Was he ordered to go? Yes. Did he go? No. Well, he's guilty.' "

Several journalists to whom Watada spoke were subpoenaed in order to testify, first at his pretrial hearing, then at the court-martial. The journalists fought back, and in each case, the Army backed down. Sarah Olson, one of the independent journalists involved, said, "I am glad the growing number of dissenting voices within the military will retain their rights to speak with reporters."

Dissent within the military against the war in Iraq is growing. Iraq Veterans Against the War has quadrupled in size in the past year. More than 1,200 soldiers have signed on to an "Appeal for Redress," with which active-duty soldiers can appeal to Congress for an end to the war with legal protections against retaliation from the military. The appeal simply reads:

"As a patriotic American proud to serve the nation in uniform, I respectfully urge my political leaders in Congress to support the prompt withdrawal of all American military forces and bases from Iraq. Staying in Iraq will not work and is not worth the price. It is time for U.S. troops to come home."

Sgt. Ronn Cantu signed the Appeal for Redress, which soldiers can do confidentially online at appealforredress.org. In a "Democracy Now!" exclusive, Cantu spoke to us over a crackly cell-phone connection from the front lines in Iraq: "I'm scared out of my mind right now. ... It's a belief of the soldiers I've talked to that any troop increase over here, it's just going to be more sitting ducks, more targets."

Since Watada and other active-duty resisters are facing years in military prison, I recently asked two of the most progressive members of the new Senate, Sens. Bernie Sanders, I-Vt., and Sherrod Brown, D-Ohio, what Congress could do for the soldiers facing court-martial. Both replied, "I don't know." As Congress wrangles over non-binding resolutions condemning Bush's war-making -- or as he calls it, his "surge" -- these brave young patriots are making binding decisions.

Without Congress taking decisive action, these soldiers are left to fend for themselves. How many must die, how many must be sent to prison or flee to Canada, before Congress ends this war?

Last Updated ( Saturday, 03 February 2007 )
 
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In The News

"DISSENT: VOICES OF CONSCIENCE"
http://www.voicesofconscience.com/
 When the actions of government become dangerous to the security of the nation, it takes a special courage for men and women inside the government to speak out. If we care about keeping democracy alive, we must welcome this book. "

         —Howard Zinn, author of A People’s History of the U.S.

During the run-up to war in Iraq, Army Colonel (Ret.) and diplomat Ann Wright resigned her State Department post. She was one among dozens of government insiders and active-duty military personnel who leaked documents, spoke out, resigned, or refused to deploy in protest of government actions they felt were illegal. In Dissent: Voices of Conscience, Ann Wright and Susan Dixon tell the stories of these men and women, who risked careers, reputations, and even freedom out of loyalty to the Constitution and the rule of law.

Read more...
 
Case Crumbles Against Officer Who Refused Iraq

by Aaron Glantz

Anti-War.com, Nov 10, 2007

First Lt. Ehren Watada, the first commissioned officer to refuse deployment to Iraq, won what his backers are calling a "huge victory" in court Thursday.

US District Court Judge Benjamin Settle ruled the military cannot put Watada on trial a second time unless it can prove such a trial would not violate the US Constitution's prohibition against "double jeopardy."

In February, Lt. Watada's first court martial ended in a mistrial just before he was to take the stand in his own defense. Many observers believe the judge, Lt. Col. John Head, ordered a mistrial in that case because he was worried that Lt. Watada's testimony would lead to him being found not guilty of "missing [troops] movement" and "conduct unbecoming of an officer and a gentleman."

Immediately before a mistrial was declared, Watada had said: "Your Honor, I have always believed that I have a legal and moral defense. I realize that the government can make arguments and you can make rulings contrary to that, but that does not negate my belief that I have a defense."

"To me," Watada told the court, leading soldiers into battle in Iraq "means to participate in a war that I believe to be illegal."

Watada had hoped to make that argument under the so-called Nuremberg Principals which arose from trials of Nazi war criminals after World War II.

The fourth of the Nuremberg Principles says that superior orders are not a defense to the commission of an illegal act, meaning soldiers who commit a war crime because they were "just following orders" are just as culpable as their superiors.

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Watada court-martial now less likely?
By Hal Bernton
Seattle Times, Nov 9, 2007 

A U.S. District Court judge on Thursday barred a second court-martial of 1st Lt. Ehren Watada while the Army officer pursues his claim that it would violate his constitutional rights. It was a legal victory for Watada, the first Army officer to face prison for refusing to deploy to Iraq.

In issuing a preliminary injunction, Judge Benjamin Settle wrote "it is likely" that Watada will succeed in his claims that a second court-martial would violate constitutional protections against being tried twice for the same crimes.

The injunction marks a rare move by a civilian court to intervene in military justice.

Read more...
 

Watada Supporters Around The Country

WINTER SOLDIER HEARINGS

VETERANS SPEAK OUT AGAINST WAR

March 13-16, 2008

On March 13-16, US veterans of the wars and occupations in Afghanistan and Iraq will gather in Washington DC to testify about their experiences, and present video and photographic evidence, as will military families and civilian survivors, in "Winter Soldier" hearings organized by Iraq Veterans Against the War (IVAW). 

These hearings are modeled on the 1971 event of the same name organized by anti-war veterans in Detroit which galvanized the movement against the Vietnam war.  These important hearings will be broadcast live via satellite, radio and internet all over the world; please see below for details and schedule.  The Global Women Strike and Payday will organize a public view in London and possibly in other cities.  Details to follow.

·    Tune in, organize house parties, showings at community centers, places of worship, trade-union locals/branches, etc.  If you organize an event, post it on IVAW's website here and let us know at Payday, and we will publish it on our website.

·    Write a statement of support for the hearings on IVAW’s website (tick “other” if you’re not in the US and insert your post code for "zip code" – it will be accepted).  Send a copy to Payday and we will also post it on our website.  We are all strengthened when US soldiers say no.  If you are a conscientious objector/refusenik from another country tell them your experience.  Let Winter Soldier know that the world supports them! 

·    For more information on what else you can do to publicize and support this important event, see IVAW's website: www.ivaw.org.

 
"To stop this war, for the soldiers to stop fighting it, they must have the unconditional support of the people... Convince them that no matter how long they sit in prison, no matter how long this country takes to right itself, their families will have a roof over their heads, food in their stomachs, opportunities and education. How do you support the troops but not the war? By supporting those who can truly stop it; let them know that resistance to participate in an illegal war is not futile and not without a future."  -- Lt. Ehren Watada, first commissioned officer to refuse to go to Iraq, faced 7 years in prison, his court-martial ended in a mistrial but he still remains in legal limbo.

Read more...
 
JACL Calls for Equal Treatment for Lt. Ehren Watada

The Japanese American Citizens League (JACL) believes that all American citizens have the right to a fair and impartial trial, which includes the right to have a trial presided over by an impartial judge and to be protected from double jeopardy.

As the oldest Asian Pacific American civil rights organization in the United States, the JACL has lodged numerous principled defenses of constitutional rights. History has taught us a valuable lesson that true affirmation of American ideals and rights requires conscientious reflection and action based on those ideals. The Japanese American experience, with 120,000 people unjustly imprisoned without due process or equal protection under the law during World War II, has taught JACL the importance of defending civil rights and civil liberties.

On June 7, 2006, First Lt. Ehren Watada publicly declared his intent to refuse deployment to Iraq based upon his oath to defend the Constitution. Lt. Watada explained his convictions again on August 12, 2006. Each time, Lt. Watada spoke while out of uniform, off his military base, and on his own time -- in accordance with the limits on free speech under military law that Lt. Watada's superiors emphasized to him. During subsequent court-martial proceedings, the presiding judge repeatedly refused to allow Lt. Watada to present testimony about his convictions. However, before the prosecution rested its case, the prosecution's own expert witness acknowledged that an officer must ultimately follow the demands of his or her conscience. The judge eventually declared a mistrial over defense counsel's objections.

Serious issues of fairness have been raised concerning selective prosecution, freedom of speech, judicial bias, the ability to present witnesses in one's defense, due process and the constitutional prohibition against double jeopardy with respect to Lt. Watada's case. While legal minds and good people can disagree about Lt. Watada's beliefs in this case, the JACL is committed to raising awareness and educating other organizations about his principled stand to ensure he is treated with fairness and receives due process within the U.S. military justice system and under the U.S. Constitution.

 
Cynthia McKinney

Former U.S. Representative

cynthia_mckinney

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Archbishop Desmond Tutu

Nobel Peace Prize Laureate (1984)

desmond_tutu

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Denis Halliday

Former United Nations Assistant Secretary General

denis_halliday

Read more...
 

Among the Watada Supporters . . .

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We gratefully acknowledge US Rep. Mike Honda, Willie Nelson, Harry Belafonte, Mike Farrell, Ed Asner, Randi Rhodes, Susan Sarandon, Martin Sheen and many others for their support. Read their statements

Watada on NPR

Tune in or listen online: NPR's Jan 25 Fresh Air interview with Lt. Watada.

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