Federal Court Stops Court-Martial of Iraq War Objector

A civilian judge has stopped a court martial for an accused deserter. The military has always resisted civilian courts exercising jurisdiction over its personnel on military related cases. It is part of a separate military society model that can be traced back to Gen. Sherman after the Civil War. See, Jonathan Turley, “The Military Pocket Republic.” 97 Northwestern University Law Review 1-133 (2002). Now, a civilian judge has stopped the prosecution of First Lt. Ehren Watada. U.S. District Judge Benjamin Settle held that he does have jurisdiction, at least to decide Watada’s double-jeopardy claim.
Watada faces six years in prison and a dishonorable discharge. His first trial resulted in a mistrial and the Army is holding him in service for the sole purpose of prosecuting him. The odds are against Watada on the issue but it will be interesting to watch. For the full story, click here

4 thoughts on “Federal Court Stops Court-Martial of Iraq War Objector”

  1. JT:

    “The odds are against Watada on the issue but it will be interesting to watch.”


    I wouldn’t write off this case so fast.I think there is a quietly growing sentiment among many of our federal judges, at all levels, that this Administration has gone too far in many of its policies. We are seeing an unprecedented string of loses for the Administration on previously sacrosanct national security issues at the hands of the federal bench. This may be a none too subtle “shot across the bow” of the Executive as the Judiciary asserts some of its prerogatives to curb the excesses of power. The “black robes” can read the newspaper along with the Constitution it seems.

  2. I don’t get it, my link to a ME NEWS story of a 14 year old Iraqi girl who is raped and then murdered along with her 7 year old sister, and both her parents by four US soldiers isn’t posted, but the above link to some PORN site is acceptable? See Chicago Towing Company 12-AUG-08.

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