U.S. Army First Lieutenant Ehren Watada, the first American military officer to refuse to report to duty in the illegal invasion and occupation of Iraq, had three of the five counts against him dropped by a federal judge.
On Oct. 21, U.S. District Judge Benjamin Settle accepted Watada’s attorney’s argument that to continue court-martial prosecution of the three counts would violate the constitutional protection against double jeopardy, which is meant to ensure a defendant is not tried for the same offense twice.
Watada may yet be tried by court martial on the remaining charges of conduct unbecoming an officer due to his anti-war activities. He has spoken against the Iraq war on moral and legal grounds.
Kelly Dougherty, executive director of Iraq Veterans Against the War, has said of the Army: “They are trying to show others how hard they will be punished if they speak out. … They are creating an atmosphere of threats and fear.”