Lieutenant Watada's War Against the War - Page 7

Doutdes · #61 02-12-2007, 12:50 PM

Quote:

Originally Posted by mike

Let's wait and see. Care to make a wager and back up your words? I will bet that this case does NOT get thrown out on double jeopardy. How about the loser wears a dress and walks down Songtan main strip on a Friday night? Back up your words with action instead trying to teach Jr. high school. I can only assume you have a law degree, or is it you think you have one?

Mike, I neither have a law degree nor my own website, so I can't tell you how the trial will end up. Nor have I even stated that he's going to have the charges dismissed, but only that it is a possiblity. However, I'll bet that double jeopardy applies to more than "life or limb." I'll finally be able to put that Jr. High School education to use.

Quote:

I know what precedence is, but my point remains the same even though you have trouble comprehending. A pretrial does not mean this LT is innocent. YES, his lawyer can make a motion to dismiss. How is this new news? Leading up to and just before and during any trial a lawyer can make 100 motions to dismiss this case based on any reasons he wishes. In 2 seconds the judge can deny these motions. In March, this LT will learn all about this and what is like to be owned by another man.

Mike, I don't have any trouble understanding your point. I disagree that this is an open and shut case. If it were, why did the prosecution move for a mistrial? Will the judge reject the motion to dismiss? Probably. Will that decision be appealed? Yes. Will the final result end up in the defense's favor? I don't know.

You seem to see this as a black and white issue. It's not a sports game; it's a trial. I'm not rooting for Watada team, but I think the prosecution, aided by the judge, may have messed up the whole thing. We won't know until some months from now. For your sake, I hope he's found guilty. I think if he gets off the hook, you're going to have an aneurysm.

mike · #62 02-12-2007, 02:00 PM

Quote:

I think if he gets off the hook, you're going to have an aneurysm.

No, if he gets off then he gets off. One the site Kaf posted all of the idiots were congratulating each other as this was a victory. False information is out there and almost all of this LT's supporters think he can't be tried. Go read the last website kaf posted and you will see what I am talking about.

Mike

Kafkorea · #63 03-01-2007, 10:02 AM

More on the progress of the trial - if it is to be.

Silencing Soldiers
Sarah Olson
February 28, 2007

Quote:

The Army refiled five charges against first Lt. Ehren Watada late last week, paving the way for a possible second court-martial for the highest-ranking member of the military to publicly refuse to deploy to Iraq. When his first court-martial ended in a mistrial on February 7, serious debate on the emerging opposition to the war within the military, the legality of the war and the right of military personnel to publicly disobey illegal orders had not yet begun to surface. Though it's unclear that a second court-martial may legally proceed, the possibility brings these issues back into focus.

I was one of two journalists subpoenaed to testify in Lt. Watada's court-martial. I objected on the grounds that members of the military must be free to speak with journalists without fear of retribution or censure. That so few critical voices in the military are given an ongoing platform in the media contributes to an inaccurate view of the Iraq War and erroneous ideas about how to ameliorate the problems. Supporting the troops requires that we listen to what they have to say.

Army Specialist Mark Wilkerson was just sentenced to seven months in prison for refusing to return to Iraq. Last year, he wrote:

http://www.tompaine.com/print/silencing_soldiers.php

Also:

Quote:

Military officials are pressing to hold the new court martial within a month's time, although neither the defense nor the prosecution lawyers are available until this summer. Clearly, the Army is making efforts to ram through the stiffest conviction possible, as quickly as possible.

Seitz told the press that he had not been informed of the Army's decision until it was publicly announced. "When it's not going well for you, you can't just call a mistrial and start over again," he told the Associated Press. "No matter how much lip service they give to wanting to protect my client's rights, that just doesn't exist in the military courts."

The defense plans to seek a hearing at Fort Lewis to make a case for the double jeopardy clause. If this fails, Seitz told the Seattle Times that it would be appealed first in military courts and then in federal courts.

Military personnel have the right to refuse orders for reasons of conscience and convictions under international human rights protections. As a war of aggression, the war in Iraq is a violation of the Nuremberg Principles, which state: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights further elaborate on the right of citizens - civilians or soldiers - to refuse to follow illegal and immoral orders or laws.

If Watada is convicted, he will be classified by Amnesty International as a prisoner of conscience held by the US in violation of international law.

http://www.wsws.org/articles/2007/fe...wata-f28.shtml

mike · #64 03-01-2007, 11:06 AM

Thanks for the unbias, World Socialist Web Site.

Quote:

Military personnel have the right to refuse orders for reasons of conscience and convictions under international human rights protections.

Completely false. Military members can not choose not take hills or go into battle at the last minute because of "conscience and convictions." Maybe baby seals have this right, but the U.S. military would get no where if the soldiers sat around and voted if the the war was just or not.

Try reading something other than the Communist News and Socialist News websites and you may get some REAL facts. Stalin and Mao are not heros, they are responsible for killing close to a 100 million people. Wake up to socialism!

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