Army Court Martial Begins for War Objector Ehren Watada

1st Lt. Ehren Watada, 28, announced last June that he refused to go to Iraq with his unit, the 3rd Brigade, 2nd Infantry Division. During his statement he also made disparaging remarks about the military and the President. Now Watada is having to face the music for his actions, as he is the first United States officer being court-martialed for refusing to follow orders of deployment.

Watada is charged with missing movement for refusing to ship out with his unit, and he also faces charges of conduct unbecoming an officer for accusing the Army of war crimes and for saying the administration had launched an "illegal war" founded on "lies." If convicted, Watada could face four years in prison and a dishonorable discharge from the military.

While the proceedings were going on inside, outside the base a small group of supporters demonstrated on behalf of Watada, among them actor Sean Penn. Another group of people were also present to demonstrate against Watada, including one man carrying a sign that called Watada a weasel.

As the court martial got under way on Monday, military judge Lt. Col. John Head said that almost none of the defense witnesses could take the stand, because they were experts in constitutional and international law who were planning to testify about the legality of the war. Head had previously ruled that Watada’s attorney, Eric Seitz, could not deliver a defense that amounted to a debate about the legality of the war.

Watada has asked for a military panel of officers to hear his case, which is the military’s equivalent of a jury. The panel has not yet been selected, and Seitz requested the opportunity to question the panel members beforehand. During his request, Seitz implied that the judge would be acting improperly if his request was denied. "If you are going to tie my hands and you are going to script these proceedings, then in my view we’re all wasting our time," Seitz said. Head informed Seitz that he would be able to question the panel members individually.

The court martial is solely about Watada’s refusal to follow orders, not about the war. Still, the issue of his refusal to fulfill his duty to the military has brought heated emotions on both sides of the issue. Watada has called the war in Iraq "a horrible breach of the American law," and said that he considered it his duty to refuse to follow illegal orders. Army prosecutors have said that Watada’s actions have been dangerous to the mission and harmful to the morale of soldiers already serving in Iraq. "He betrayed his fellow soldiers who are now serving in Iraq," said Capt. Dan Kuecker.

Watada joined the Army voluntarily in March 2003, when the war in Iraq was already fully underway, and he put up his right hand and swore to "protect the Constitution of the United States of America against all enemies foreign and domestic." He must have had the fingers of his left hand crossed behind his back.