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Wednesday, October 22, 2008

Judge blocks retrial of war objector Watada

Source: Army Times / Associated Press
Judge blocks retrial of war objector Watada
By Phuong Le - The Associated Press
Posted : Wednesday Oct 22, 2008 7:54:59 EDT

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.”

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