Eyewitness: Watada Judge Panicked and Bailed

[babylonsister]

http://www.opednews.com/articles/opedne_gustav_w_070208_eyewitness_3a_watada_j.htm

Eyewitness: Watada Judge Panicked and Bailed

by Gustav Wynn

According to reporter Bill Simpich in attendance at the trial, Lt. Ehren Watada exuded a calm and confidence that visibly shook the judge.

It's easy to see why - if he would allow the defendant to present a case that the war is illegal, it could open the flood gates for over 150,000 troops to follow suit.

Published accounts describe the reason for the mistrial stemming from Judge Lt. Col. John Head's claim that Lt. Watada did not fully understand a pretrial stipulation he'd signed. But this was untrue - Watada kept repeating he did understand the stipulation and wanted to present his case for innocence because he felt the war was illegal.

The stipulation was a document agreeing to certain facts not in question in the case, including the fact that Watada had not deployed with his troops. The stipulation was designed to reduce the number of witnesses and eliminate two charges against Watada.

Simpich and others feel the judge panicked and that there was no cause to call a mistrial. But Judge Head was in a truly tough spot - he had already made rulings that Watada's motive for resisting was irrelevant - in refusing to follow orders his reasons why did not need be entered into evidence.

snip//

This, along with his anxious demeanor suggest the judge simply declared a mistrial to extricate himself from a tough position, apparently wanting above all costs to avoid putting the legality of the war on trial in his courtroom.

For more details and the precedent for double jeopardy applying here, see http://www.truthout.org/docs_2006/020807A.shtml

[Bonobo]

1. Wow. I'm tellin you. Watada has reached some very high point of clarity.

I don't understand what this means though, nor the judge's motivation.

Looking forward to some smart commentary from others with greater insight...

[MikeNearMcChord]

2. Put it this way, the judge's a@@ was on the line

if Lt. Watada walks or even if convicted, and put on a courageous defense, that judge will see his career evaporate. I don't think anybody at the Ft. Lewis JAG office wants to preside over an American version of Breaker Morant or Captain Dreyfuss.

[babylonsister]

3. The judge, if had he found Watada not guilty, didn't want to open the

door to all the other soldiers who might object to the war. So taking the coward's way out, he bailed.

[133724]

4. It sounds a lot like FR. Phillip Berrigan

when he was arrested. He smiled and was at peace with his decision but the FBI agents were visibly shaken...




On edit: Wrong Berrigan spelling etc....

[Bonobo]

6. Fantastic picture. Thanks for sharing some important history.

I did not know.

[Peace Patriot]

10. Yup, that's Father DAN Berrigan, his brother. He had poured homemade

napalm on Draft records. I believe that his brother, Fr. Philip Berrigan initiated the idea, and Dan joined him. Dan then became the more celebrated of the two, partly because of that joyous smile--what a great fellow he is--and his poetry, seering accounts of death and destruction in Vietnam.

I love how the traffic light and the "One Way" arrow appear to make a cross behind him, in that photo.

Phillip died a few years ago. Dan is still kicking--still working for peace (I heard him on the radio, about all this, last year). In his 80's, I think.

[babylonsister]

12. Thanks for the history lesson, P P! I remembered the name, but little else. nt

[Tom Joad]

14. but while we are on the subject of Dan Berrigan...

I would encourage young folk to find a copy of "The Trial of the Catonsville Nine" by Dan Berrigan.


On May 17th, 1968, Nine people, including Father Daniel Berrigan and his brother Father Phillip Berrigan, entered a draft board and removed draft files of those who were about to be sent to Viet Nam. They took these files outside and burned them with home-made napalm, a weapon commonly used on civilians by the U.S. forces. They then awaited their arrest by authorities. The following is the statement Dan Berrigan read in court during their trial.


Some ten or twelve of us (the number is still uncertain)

will, if all goes well (ill?) take our religious bodes

during this week

to a draft center in or near Baltimore

There we shall of purpose and forethought

remove the 1-A files sprinkle them in the public street

with home-made napalm and set them afire

For which act we shall beyond doubt

be placed behind bars for some portion of our natural lives

in consequence of our inability

to live and content in the plagued city

to say "peace peace" when there is no peace

to keep the poor poor

the thirsty and hungry thirsty and hungry

Our apologies good friends

for the fracture of good order the burning of paper

instead of children the angering of the orderlies

in the front parlor of the charnel house

We could not so help us God do otherwise

For we are sick at heart our hearts

give us no rest for thinking of the Land of Burning Children

More at:
http://www.tomjoad.org/catonsville9.htm

[Karenina]

7. Go here for more insight:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x151882

[AnnieBW]

5. Watada VOLUNTEERED

To go to Afghanistan, and hunt for the real dirtbags that attacked us. But no, the military had to go and make an example out of him for not going where he was told to go. That's what kills me the most about this case. The kid isn't the coward that the RW-nuts are making him out to be. He was perfectly ready to go hunt for Osama.

[ORDagnabbit]

8. Osama who? :)

[malmapus]

20. Osama Bin Forgotten heh

..

[Peace Patriot]

11. Criminy, he would still be one very brave young man, in my view, even if he

hadn't volunteered for Afghantistan. Physical bravery and MORAL bravery are equal in my view--and moral bravery can be even harder. But I get your point. They can't accuse him of avoiding service or avoiding danger. He just does not want to participate in the atrocity that is Iraq. Same with about 75% of the American people--although few of us are paying such a price for refusing to go along with immorality.

[Tom Joad]

15. He offered to resign quietly, but they would not permit him to do so.

I met Ehren shortly before he went public. a good man.

[tbyg52]

21. They are *trying* to make an example of him

and I hope it blows up in their faces. (Which it looks like it might--hooray!)

I am very grateful for what he is doing.

[porphyrian]

9. I'll kick that. - n/t

[babylonsister]

13. That's becoming familiar; I like it! nt

[StrictlyRockers]

16. K&R and thanks for all the great history! Love it! n/t

[ClayZ]

17. Lt. Watada's speech on Citizen Responsibility Feb 3rd

Lt. Ehren Watada on Citizen Responsibility

You will be glad you heard it!

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=385&topic_id=15717&mesg_id=15717

[progressoid]

18. This was a win for the military and the administration

The longer his case is bogged down in legal mumbo-jumbo, the better for them. It's a case they can't afford to lose, but in order to win they have to open some huge cans of worms. Something they clearly don't want to do.

The best scenario for the Administration is that this case stays in legal limbo for as long as possible.

[Jonathan50]

19. "It is curious that physical courage should be so common in the world and moral courage so rare."

It is curious that physical courage should be so common in the world and moral courage so rare.

--Mark Twain