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