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Watada court martial put on hold indefinitely

06:31 PM PST on Thursday, November 8, 2007

Associated Press

TACOMA, Wash. - A federal court judge has blocked the Army from conducting a second court-martial of an Iraq war objector based at Fort Lewis, saying it's likely the second trial would violate the soldier's constitutional rights.

U.S. District Judge Benjamin H. Settle ruled Thursday that no court martial will be held for 1st Lt. Ehren Watada pending the outcome of his claim that it would violate his Fifth Amendment rights by trying him twice for the same charges. His first court-martial ended in a mistrial in February; Settle wrote that the military judge likely abused his discretion in declaring the mistrial.

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Watada is charged with missing his unit's deployment to Iraq in June 2006 and with conduct unbecoming an officer for denouncing President Bush and the war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.

Watada contends the war is illegal and that he would be party to war crimes if he served in Iraq. The Army refused his request to be posted in Afghanistan or elsewhere.

"This is an enormous victory, but it is not yet over," Kenneth Kagan, one of Watada's attorneys, said in a written statement.

Settle did not indicate what the next steps would be.

Watada's second court-martial had been scheduled to begin last month when his lawyers asked the federal court to step in. Settle issued a temporary stay pending his decision issued Thursday.

Watada's term of service in the military ended in December, but the legal proceedings have prevented his discharge. He lives in Olympia and continues to perform administrative duties at Fort Lewis, south of Seattle.

An Army spokesman at Fort Lewis said late Thursday that officials had just received the ruling and could not immediately comment.

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