-- two specifications under article 99 - contempt toward officials (for making public comments about George Bush); and
-- three specifications under article 133 - conduct unbecoming an officer.
If convicted on all charges, Watada faced possible dishonorable discharge, forfeiture of all pay and allowances, and seven years in prison. A military equivalent of a grand jury convened on August 17, 2006 to inquire into charges and decide if they were justified. Watada called three expert witnesses in his defense, and chose them well:
-- former UN Iraq Humanitarian Coordinator (1997 - 1998) Denis Halliday who resigned under protest because he was "instructed to implement a policy that satisfies the definition of genocide (and already) killed well over one million individuals, children and adults;"
-- US Army Colonel Ann Wright who resigned her commission as a foreign service officer in the State Department in March 2003 to protest a "war of aggression (in) violat(ion) of international law;" and
-- distinguished Professor Francis Boyle, international law and human rights expert, activist and author of this and many other books on these topics.
On August 22, the Army reported on the proceding and recommended all charges be referred to a general court-martial. It began in February under very constricted rules - denying a First Amendment defense and disallowing one questioning the legality of the war. However, legality issues were impossible to exclude, they directly related to charges brought, and the prosecution introduced them at trial. In addition, Watada firmly stated before testifying that he refused to deploy because of the war's illegality.
Unable to pressure him not to so testify, the presiding judge declared a mistrial. He'd lost control of the proceeding, knew Watada was on solid ground, and had to prevent his evidence from being introduced to avoid the embarrassing possibility of an acquittal on one or all charges. If it happened, the war's illegality would have been exposed and its continuation jeopardized.
Under the Fifth Amendment "double jeopardy" clause, Watada cannot be retried on the same charges. It states that no person shall be "subject for the same offense to be twice put in jeopardy of life or limb." Watada's triumph by mistrial was a powerful tribute to his convictions and redoubtable spirit. It's also an inspiration to civil resisters and all members of the military to follow in his courageous footsteps.
Boyle explains the urgency in his final paragraph that's a powerful message for everyone: The causes of both world wars "hover like the sword of Damocles over the heads of all humanity." Civil resistance is our only hope "to prevent WW III and an (inevitable) nuclear holocaust....Toward that end this book has been written." Read it and act. Apathy isn't an option.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and listen to The Global Research News Hour on RepublicBroadcasting.org Mondays from 11AM to 1PM US Central time for cutting-edge discussions on world and national topics with distinguished guests.
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
