SPEAK UP & EDUCATE!

 Talking Points about Lt. Watada’s court martial and mistrial:

• An officer does not swear to blindly obey the orders of the commander in chief.

A commissioned officer does not take the same oath as an enlisted person.

An enlisted person swears to obey the orders of the president and officers above them.

An officer swears to “support and defend the Constitution of the United States against all enemies, foreign or domestic” and “bear true faith and allegiance to the same,” i.e., the Constitution.

•  Lt. Watada followed military protocol and went to his chain of command before going public with his statement.  Lt. Watada followed protocol and advice from the public relations officer at Fort Lewis before making his public statement on June 7, 2006.

At Lt. Watada’s court martial, Lt. Col. Bruce Antonia testified that Col. Townsend counseled Lt. Watada about making a public statement of his beliefs concerning the Iraq War.  Col. Townsend advised Lt. Watada to make statements 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.  Lt. Watada was not directed to withhold public statements.  He was told to work with the Ft. Lewis Public Affairs Office, and he made his public statements according to their advice.

• Officers are taught to be critical thinkers.  Whether their conclusions are right or wrong, it is their duty and right to question orders. 

The prosecution called Professor Richard Swain, US Military Academy, West Point to testify.  Professor Swain is the author of the textbook used in the course of Professional Military Ethics, including honor code, ethics of officership, and officership instructions.  He was presented as an expert in officership and traditions and customs of officers. 

Professor Swain: “The oath an officer takes is the foundation point for what you expect of an officer; to diligently execute duties of office.”

Attorney Eric Seitz: “What do you teach officers about being critical thinkers?”  

Swain: “Should officers think for themselves – absolutely.  Do officers come to different conclusions as commanders?  Absolutely. 

Seitz , “What is the proper way to address professional conduct to work out differences with a commanding officer?”

Swain:  “There are all kinds of ways, depending on the nature of the issue.  There are all kinds of recourse.  Article 38 in UCMJ – appeal for redress- go to commander’s command, go to peers and officers he respects to sort out the difference.”

Swain: “He should look carefully and examine the issue and then discuss with others through legal channels.” 

Seitz: “If channels don’t work, then should the officer seek to resign?”

Swain:  “To offer resignation is one remedy.  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. Watada’s actions have not affected the morale of his company.

Lt. Col. William James is a battalion commander at Fort Lewis.  He was aware of Lt. Watada’s request to resign, and counseled Lt. Watada

Attorney Seitz asked Lt. Col. William James, “Would you expect officers to act in a manner that is not in accord with their conscience?” James answered, “No.”

Seitz: Did anyone else follow Lt. Watada’s example?

James: No – There was discussion and controversy.  People questioned what he said.

According to Lt. Antonia, Lt. Watada’s comments did not negatively impact the soldiers in his unit.  There was controversy and discussion, but no negative impact.

• The army court martial did not represent a fair and impartial trial, and the mistrial that resulted places Lt. Watada in double jeopardy if a new trial is recommended by General Dubik.  It’s time for the army to take the action that should have occurred in January, 2006: accept Lt. Watada’s resignation.

In a letter dated October 20, 2006 to U.S. Senator Daniel Inouye of Hawaii, Lt. General Dubik stated that the military justice system “serves the dual purpose of helping commanders preserve good order and discipline and the need for a fair and just result in each case. . . . It affords Soldiers extensive rights to ensure fair and impartial investigations and trials, just as in the civil system. If this case goes to trial, 1Lt Watada will have an opportunity to present all relevant evidence.”

Lt. Watada’s court martial was anything but fair and impartial.  Decisions from the pre-trial hearing and the court martial were intended to prevent him and others from testifying regarding the legality of the Iraq War.  Those intentions were manifested in the judge’s abuse of judicial discretion, the mistrial that resulted, and a situation of double jeopardy should the government attempt to re-try Lt. Watada. Lt. Watada has conducted himself with honor and courage. It’s time for the U.S. Army to do the same.

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NATIONAL STRATEGY

 10-Point Strategy as of March 28, 2007

A national strategy has been drafted to implement an integrated political, media and grassroots strategy in support of Lt. Ehren Watada's legal defense. The desired outcome is for the army to honor Lt. Watada's resignation.

Legal Activities

Activity 1: Inform George Cheung of Seattle, Washington of any new political, media or community initiative that differs from those outlined in this document or which are subsequently announced by the campaign.

Mobilizing the Community & Grassroots 

Activity 2: Ask your city and local county councils to pass resolutions in support of Lt. Watada.

Activity 3: Convene community gatherings in support of Lt. Watada. Mobilize on national days of action and send information re local events to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Activity 4: Take information to public meetings and gatherings.

Activity 5: Maintain a database to better mobilize and communicate with Watada supporters.

read more . . .