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Judge blocks retrial of war objector Watada

SEATTLE — The Army can’t retry a Fort Lewis-based Iraq war objector on several key charges because that would violate the soldier’s constitutional protection against double jeopardy, a federal judge ruled late Tuesday.

U.S. District Judge Benjamin H. Settle of Tacoma said the government could not retry 1st Lt. Ehren Watada on charges of missing his unit’s deployment to Iraq in June 2006 and for denouncing President Bush and the war.

To do so would violate Watada’s Fifth Amendment rights by trying him twice for the same charges, Settle held.

“He dismissed the heart of their case,” Watada lawyer Jim Lobsenz said. “We’re very pleased. It’s taken a long time.”

The judge kicked back to the military trial court for further consideration two other charges of conduct unbecoming an officer against Watada, opening the door to further court proceedings. Both of those charges involve public interviews Watada gave to reporters.

Settle said the military court should consider whether there are “constitutional defects” to retrying Watada on those charges before a civil court does.

In a statement late Tuesday, a Fort Lewis spokesman said the base’s commanding general, Lt. Gen. Charles H. Jacoby Jr., had not yet had a chance to review the ruling in depth.

“Once that review is complete, he will be able to make a decision on the way forward with this case,” the spokesman said.

Watada contended that the war is illegal and that he would be a party to war crimes if he served in Iraq. His first court-martial ended in a mistrial in February 2007.

Lobsenz had said it was a mistake for a mistrial to be declared in that case. Settle agreed Tuesday, noting that the trial judge “did not exercise sound discretion” when he failed to determine whether a mistrial was appropriate.