Another Major Blow to the War in Iraq But a Victory for Justice!

In what can only be described as a stunning victory for defenders of free speech and military opponents to the war in Iraq, yesterday, a military judge declared a mistrial in the court martial of U.S. Army First Lt. Ehren Watada.

By any standards, Lt. Ehren Watada was called an exemplary soldier. But then he decided to face court martial rather than join a war he called "illegal."

As a matter of conscience, Lt. Watada refused deployment to Iraq and, because of his strong moral beliefs, he risked his military career and the possibility of years in prison. Truly a patriot, Lt. Watada was deeply torn between "loyalty to the military and his soldiers" versus his belief in truth and honor. In the end, he chose to speak truth-to-power and decided to "not send his soldiers to their deaths in a war that he believed was illegal."

The military brought the full weight of its power against this proud soldier and lost! Clearly, Judge John Head's ruling the case a mistrial is a major blow. Now, the prosecution of Lt. Watada is in free-fall.

Because Lt. Watada's defense team opposed the mistrial and because it was endorsed by the prosecution, the door is now open to Lt. Watada for a double-jeopardy defense. Double jeopardy, which forbids a person from being tried twice for the same crime, does not apply only after a verdict is rendered, but can apply after a jury is empaneled and witnesses have been called.

Double jeopardy protection is guaranteed in the U.S. Constitution and it certainly applies to citizens. It remains to be seen whether or not the military thinks soldiers should be covered by the Constitution.