First Lt. Ehren Watada: hero

Wow! I sure didn't see this coming, but am pleased it did. Bush's attack on Iraq was an illegal invasion and occupation and I admire Watada's courage to risk imprisonment rather than engage in it any longer.

From everything I've read quoting him, First Lt. Ehren Watada is no coward. He's not afraid of combat. He's in this predicament because of his conscience and convictions.

In a stunning defeat for military prosecutors, Lt. Col. John Head, the military judge presiding over Watada's court-martial, said he had no choice but to declare a mistrial because military prosecutors and Watada's defense attorney could not reach an agreement regarding the characterization of a stipulation agreement Watada signed before the start of his court-martial. The government characterizes the stipulation agreement as an admission of guilt by Watada for "missing movement" and making statements against the Iraq war that resulted in charges of conduct unbecoming an officer and a gentleman.

Eric Seitz, Watada's attorney, said the stipulation Watada signed, however, was by no means an admission of guilt by his client. Rather, it was a statement of fact that his client believed the Iraq war was illegal, and that he refused to deploy to the region with his unit because of his beliefs.

Lt. Col. Head said he wanted to question Watada regarding the agreement to gain a better understanding of what Watada's state of mind was when he signed it, but Seitz would not allow the judge to question his client unless he knew the questions in advance. Head said if he could not question Watada to ensure the accuracy of the document he signed prior to the start of the court-martial, he would have to throw out the agreement, meaning the charges against Watada would become null and void.

Issues surrounding the stipulation agreement came up when military prosecutors asked the judge to provide the military panel (similar to a civilian jury) deciding Watada's fate with additional instructions before they returned a verdict.

Head said the basis of the additional instructions could result in questions about the "stipulation of fact" regarding Watada's reasons for refusing to deploy to Iraq. The judge did not indicate the substance of the additional instructions the defense asked him to provide.

Head excoriated military prosecutors in open court for producing the stipulation agreement hours before he declared the mistrial. He said he would allow the government to reopen the case against Watada, but it's unclear whether the military will do so. Even if the case is reopened, it could be months before it ends up in court.

Won't break out the champagne yet because my guess is the military will reopen the case. Watada would set a precedent for many others to follow. Other soldiers could do exactly the same things Watada did to avoid being sent to Iraq which would put a real crimp in Bush's planed SURGE™.

Hey, maybe it will be the soldiers and not Congress who kill Bush's plan.

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