From:Asian
Americans for Peace and Justice/ Watada Support Committee
SubjectFirst
Lt. Ehren Watada granted discharge
Contact: Grace
Morizawa
510
289 1285
gmorizawa@yahoo.com
Kenneth
Kagen, attorney for First, Lt. Ehren Watada, announced late Friday, September
25, 2009, that the Army is allowing the first commissioned officer to be
court-martialed for refusing to go to Iraq to
resign from the service. First Lt. Ehren Watada
will be granted a discharge Oct. 2, "under other than honorable
conditions," attorney Kenneth Kagan said. Watada told the Honolulu
Star-Bulletin he was happy the matter has finally been closed. "The actual
outcome is different from the outcome that I envisioned in the first place, but
I am grateful of the outcome," he said. (See below for press
release from his attorney with more details.)
Watada
support organizer, Michael Wong with Asian Americans for Peace and Justice, and
Veterans for Peace, recently was quoted as saying, "The
issue of the war has been settled--there is a broad consensus that the question
now is how to get out of Iraq. The military, the resister soldiers and the
Iraqis have all been traumatized and all need to heal from the war. It would be
in the best interests of everyone--including the Army--to put the Watada case
behind them.”
Local
organizers who helped lead the national campaign to free Lt. Watada are
planning a press conference / community
briefing to highlight this long awaited news. Exact time and location TBA. (For
interviews with Michael Wong and other Bay Area support organizers contact
Grace Morizawa 510 289 1285 gmorizawa@yahoo.com)
From Ehren
Watada’s lawyers:
Subject: 1LT Ehren Watada - For Immediate Release
From counsel for 1LT Ehren Watada.
Ken Kagan
FOR IMMEDIATE RELEASE
September 25, 2009
From: Kenneth S. Kagan
James E. Lobsenz
Carney Badley Spellman, P.S.
Seattle, WA
(206) 607-4164 or 954-8337
As counsel for 1LT Ehren Watada, my partner, Jim Lobsenz, and I, were
notified on September 16th that the Secretary of the Army approved
1LT Ehren K. Watada’s resignation for the good of the service. The
Secretary’s office made it clear that 1LT Watada’s service would
be characterized as under “Other Than Honorable Conditions.”
Ehren Watada served his country with distinction, and took a
courageous stand as the only officer who refused an order to deploy
to Iraq, because he came to believe that our country’s invasion of
that sovereign nation, and our continued occupation of that sovereign
nation, violated international conventions and norms, treaties to
which our country are bound, and the oath he took to uphold the
Constitution of the United States.
LT Watada was prosecuted by the United States Army not only for
refusing that order to deploy, but also for the statements he made
that explained his actions. In February, 2007, he was brought to
trial in a court-martial proceeding at Fort Lewis, WA, but was denied
his opportunity to be heard in his own defense when the trial judge
declared a mistrial over LT Watada’s objection, before LT Watada
even had a chance to present his defense.
Subsequently, we were able, through the use of the Writ of Habeas
Corpus in the United States District Court for the Western District
of Washington, to obtain a permanent injunction against the United
States Army, barring it from bringing LT Watada to trial a second
time on the charges that were the subject of the court-martial trial.
The federal court agreed that the Double Jeopardy Clause of the
United States Constitution would have been violated had 1LT Watada
been retried in a second court-martial trial. The Justice Department
chose not to appeal that ruling, which made it the law of the case.
LT Watada had previously tendered his resignation on more than one
occasion, and each time, it was rejected. This time, however, it was
accepted, apparently only when the Army realized it could not defeat
LT Watada in a courtroom.
Notwithstanding his service with distinction, and notwithstanding, or
perhaps, due to, his principled stand against the invasion and
continued occupation of Iraq, the Army felt the need to extract its
pound of flesh, which now takes the form of a discharge under “Other
Than Honorable Conditions.”
It has been our distinct honor to have represented a hero and a
patriot. LT Watada took a lonely stand as a matter of conscience,
never attempted to spread discord within the ranks, and never sought
to evangelize about his ethical convictions. More importantly, he
never disparaged the service and the sacrifices made by countless
other soldiers and officers who obeyed their orders. He realized that
each member of the Armed Forces must make her or his own decision,
according to the dictates of conscience, just as he did. He always
understood it to be an intensely personal decision.
It is our belief that history will treat LT Watada far more favorably
than the United States Army sees fit to regard him now.
Finally, LT Watada is extremely grateful and humbled by the
outpouring of support he received from thousands of people and
countless organizations around the country. Their moral support
helped get him through a very trying three and a half years.