A SOLDIER'S PERSPECTIVE
THE WEB'S LEADING MILITARY BLOG SINCE 2004
I hope we get a good, old-fashioned hanging out of this:
By Michelle Tan, Army Times Staff Writer
The Army on Wednesday brought three charges against an officer who refused to deploy to Iraq because he believes the war is illegal, according to officials at Fort Lewis, Wash.First Lt. Ehren Watada, of 3rd Brigade, 2nd Infantry Division, at Fort Lewis was charged with missing movement, contempt toward officials and conduct unbecoming an officer. His unit deployed to Iraq on June 22.
He has since been reassigned to Headquarters and Headquarters Company, I Corps.
Eric Seitz, Watada’s attorney, said he’s not surprised that his client was charged with missing movement. The other two charges were unexpected, he said.
“I’m somewhat surprised that those charges have been preferred because it opens up for litigation the substance of what [Watada] said and what his position is,” Seitz said. “It also raises a number of First Amendment issues which we are delighted to litigate with the Army.”
Watada will not be making any more public statements if the Army is going to charge him for speaking his mind, said Seitz, who is based in Honolulu.“In abundance of caution, I don’t want to multiply those proceedings,” he said.
Watada, 28, first publicly announced his decision not to deploy on June 7. He has told Army Times that he began to question the war when he delved into international law, the history of war and the history of Iraq, and read articles by government and nongovernmental agencies, journalists and scholars about the situation in Iraq.
He said he believes that several of the “major” premises used to make the case for war – including Saddam Hussein’s weapons of mass destruction and his ties to al-Qaida and the Sept. 11 attacks – were fabricated to boost approval for the war and to receive authorization from Congress.
Watada submitted an official resignation packet in April that was later denied.
Now that charges have been preferred, Watada will have an Article 32 hearing, which is similar to a grand jury investigation. He will go to a court-martial if the Article 32 investigating officer determines there’s enough evidence for a trial. A date for the Article 32 hearing has not been set.
The charges against Watada are as follows, according to officials at Fort Lewis:
• Missing movement (Article 87 of the Uniformed Code of Military Justice): This offense involves an individual who fails to deploy when required to do so and is able to do so.
The maximum punishment is dishonorable discharge, forfeiture of all pay and allowances and two years confinement.
• Contempt toward officials (Article 88): This offense involves an individual who makes contemptuous statements toward the president, vice president, Congress, secretary of defense or other public officials, as listed in the UCMJ. Aggravating circumstances include making statements in the presence of military subordinates or giving broad circulation to those statements.
The maximum punishment is dismissal, forfeiture of all pay and allowances and confinement for one year.
• Conduct unbecoming an officer (Article 133): Officers are held to a high moral and legal standard, and acts contrary to this standard may be tried by court-martial.
The maximum punishment includes dismissal, forfeiture of all pay and allowances and confinement for a period not more than what’s authorized for the most similar offense for which a punishment is prescribed in the UCMJ. If none, the confinement period should be no more than a year.
(14) Readers Comments
Leave a Reply
![[UPDATE] The “Face” of Military Dating Scams – The Wall of Shame](http://militarygear.com/asp/wp-content/themes/LondonLive/thumb.php?src=http://militarygear.com/asp/wp-content/uploads/2010/07/2.jpg&w=53&h=41&zc=1&q=100)
Military Dating Scams (More Nigerian Scammers)
LOL imagine that this scammer actually said if you dont know anything
[UPDATE] The "Face" of Military Dating Scams - The Wall of Shame
@ anonn this one was easy to figure out this liar basically tell where
[UPDATE] The "Face" of Military Dating Scams - The Wall of Shame
@ anonn still not sure why you are using my username but anywho great
Anatomy of a Military Dating Scam
i would love to see what pics he has sent you.....he has started email
Beth* A.
The only one that looks promising is ‘conduct unbecoming an officer’, otherwise he is only looking at 4 years, max (and if not served concurrently). That seems light for his actions – maybe that last one has some room for maneuverability?
devildog6771
This is all he is charged with for refusal to fight in a time of war? If he were a conscientious objector I would feel differently; but he chose the Army, the Army didn’t choose him! As far as 1st Amendment rights, he is bound by the UCMJ the same way all other active duty personnel are bound. FRankly, I think he is a coward!
Steve in Kansas
It is unfortunate that giving one’s word does not count for anything any more. This college graduate swore an oath at his time of commissioning and signed his name to serve when he volunteered. Some will call him a coward and some will call him a hero. Regardless of what they call him, he has no honor. If Soldiers he lead fall in harm’s way he should look at himself in the mirror and ask if he had been with his men could he have made a difference. Apparently reducing college debt was more importnt to this person than reducing risk for his Soldiers. Keep the warm clothing they issued you for Iraq because you will need it in Kansas when you are outside working. The wind off the MIssouri River makes Ft Leavenworth cold and damp in the winter. See you soon.
Steve in Pittsburgh
While every Soldier, Sailor, Marine and Airman may have his/her own personal doubts about the legitimacy of conflict, the regulations are quite clear and specific in this case. With these charges (all of which are valid), 1LT Watada may be looking at some hard time, although I doubt he will serve any time. He will be censured, fined and allowed to resign his commission. As a serving Officer and Soldier with over 29 years of service to include a deployment to Iraq, I would not want this officer on my team. He cannot be counted on 100%, even if he had decided to live up to his obligations. Another case of an individual willing to take all the benefits and not live up to the bargain. Not only sad, but a poor example to his Soldiers and NCOs, as well as his peers. As the old saying goes – “Take the King’s Shilling; Do the King’s Bidding”.
E.F, Robinson
Rip of his buttons,Break his Saber, paint a yellow stripe down his back, and throw him out of the main gate. Should have made him stand by the buses as the troops were loading and let each Troop have their say with no repercussion. I hope he rots in Hell.
Miss Ladybug
Didn’t I read that this guy’s dad is anti-war, anti-military from way back? I think he fully intended to do this from the day he joined the Army…. I hope he gets to rot in jail for a while….
Shakker
I am appalled to see an officer who has a taken an oath of office resort to comical support of a left wing political agenda. To consider him a hero is ridiculous. To advertise how much support he has garnered is an embarrassment to every American son and daughter who has served in the military. For a real laugh check out his self promoting website: http://www.thankyoult.org/
Their faulty logic that he is somehow justified by disobeying an unlawful order is hilarious. The President has never been prosecuted for war crimes, the Congress approved actions against Iraq, and his unit is deploying as part of a military movement order. Nowhere in any of those facts is anything illegal. Therefore, he is guilty of failing to obey a lawful order and/or regulation. End of story.
Watada does not deserve to be called a Soldier. That title is reserved for the true heroes who have sacrificed their lives and time with their families serving in a very dangerous place, not some coward who stands behind the left wing activists and cries “I don’t want to go”!!! Perhaps he should not have accepted any pay or ROTC scholarship money if he felt the Iraq War was unjust!! Good luck Watada (don’t even deserve the title or rank) and look forward to seeing you here at Fort Leavenworth!!!
AWC2002
Get him out of uniform. The quicker the better for everyone.
Chad
What part of swearing an oath to protect and defend your country didn’t he understand? Hello?? When you put on the uniform, you should assume you are going to heaven knows where to fight for your country. Should have flipped burgers at BK. And holy crap he is an officer. He leads other soldiers? Man, officers…………….give me a good NCO anyday!!!
Lobotomatic
Why the hell would a person who doesn’t want to go to war join the military. I’m not saying that dedicated soldiers want to go to war and suffer everything that that involves, but they damn sure know what the hell they are getting into and the demands expected of them. This guy has every right as an American citizen to abstain from participating in armed conflict but I think it is kind of classless to do so after becomming an officer in the armed forces. IMHO
Blaez
I’ve been reading of alot of deserters lately. Its a shame that it seems they joined the Armed Forces just to reap the benefits that come with it.
Sad indeed.
MajorDad1984
I’ve been following this and other deserter cases with great interest. My only son is currently serving in Kirkuk and I am both frightened by this fact…and awed with a pride other fathers can understand.
I don’t quite understand what this “kid” is thinking…and why he thinks what he’s trying should be forgiven. In 1990, I was serving as an instructor at the Army’s Intel Center…but somehow found myself in a position to deploy to Desert Shield (the early days…along with the 82d/101st and then actually when VII Corps got their orders) but other fellow officers seemed to be doing their level best to look “small” so they wouldn’t have to go. Hesitance/cowardice are very close relatives. I was trying to figure out how to deploy while other chose to look the other way…this is nothing new, but none of my contemporaries actually refused to deploy…they were just guilty of not wanting to deploy and actually practice their trades.
I too hope that they throw the book at this guy…if nothing else to make an example of him. The last thing this country needs is to have officers that are unwilling to fulfill the obligations they took freely and without purpose of evasion.
See you on the high ground all!
MajorDad1984
jay lassiter
A hanging?
wow, for someone whose job it is to kill people, you’re awfully sensitive.
CJ
Jay, exactly. I’ll combine my killing ability and sensitive nature and pull the lever myself.