Army charges could bring prison time for Iraq war resister MICHAEL GILBERT The News Tribune July 6th, 2006 11:29 AM (PDT) The Army lieutenant who refused to go to Iraq with a Fort Lewis Stryker brigade faces up to seven years in prison if he is convicted of charges, the Army announced Wednesday. Lt. Ehren Watada is accused of six violations of military law, including two counts of making contemptuous statements against senior U.S. government officials. Courts-martial in such cases are extremely rare. Experts in military law say the last reported prosecution was more than 40 years ago, against an Army reservist who called President Johnson a fascist during the Vietnam War. The Army said Wednesday that Watada violated Article 88 of the Uniform Code of Military Justice in statements he made at a June 7 news conference in Tacoma and in an interview with a journalist. Watada's attorney said he wasn't surprised the charges include one count of missing movement. Watada is accused of failing to board his unit's June 22 flight to the Middle East. "But we are somewhat astounded by the contempt and conduct unbecoming charges," attorney Eric Seitz said in a statement. "These additional charges open up the substance of Lt. Watada's statements for review and raise important First Amendment issues," he said. "We are delighted that the Army has given us the opportunity to litigate these questions." According to charging papers and interview transcripts, Watada repeatedly said President Bush lied and betrayed the trust of the American people in leading the country to war against Iraq. "As I read about the level of deception the Bush administration used to initiate and process this war, I was shocked," he said in an interview published at the truthout.org [http://truthout.org], and quoted in charging papers. "I became ashamed of wearing the uniform," he is alleged to have said. "How can we wear something with such a time-honored tradition, knowing we waged war based on a misrepresentation and lies?" Hearing comes first Whether Watada's attorneys get the chance to argue in an Army courtroom over the statements remains to be seen. First up in the case will be an Article 32 hearing, in which an investigating officer will examine the government's evidence against the soldier and recommend to commanders whether he should be court-martialed. It will be up to Watada's commander, and ultimately the Fort Lewis commanding general, Lt. Gen. James Dubik, to decide whether to put Watada on trial, and on what charges. No date has been set for the Article 32 hearing. Watada, 28, had been restricted to remain on Fort Lewis but his privileges to come and go as he pleases were restored last weekend, a post spokesman said. Peace groups across the country have made the artillery officer from Honolulu a focal point in their effort to build opposition to the war in Iraq, now in its fourth year. More than 4,000 soldiers from Watada's unit, the 3rd Brigade, 2nd Infantry Division, left over the past two weeks for its second yearlong combat deployment there. Following his refusal to deploy, Watada was transferred to the Fort Lewis headquarters company. He joined the Army in 2003 after the invasion of Iraq and said he initially believed Bush's contention that Saddam Hussein harbored weapons of mass destruction and had links to the al-Qaida terrorist network. 'I think his reasons are valid' But over time he said he changed his mind, and by January he went to his commanders and asked to resign his commission. He was denied because he hadn't completed the minimum three years of his service obligation and because his unit was preparing to go to Iraq, Army officials said. Watada previously served a year with an artillery battalion in Korea. He joined the Army after graduating college and attended Officer Candidate School. At the June 7 news conference and at public speaking appearances since then, the lieutenant has said he is prepared to go to prison for his actions. He said he believes he has an obligation to refuse to carry out an unlawful order. His father, Bob Watada, told The Associated Press in Honolulu on Wednesday the charges were not a surprise. "We knew that the charges were coming and we were expecting them because Ehren did clearly say he was not going to deploy and he has his reasons for doing that," the senior Watada said. "I think his reasons were valid and we will have to see what comes of that." Anti-war groups supporting Watada contend he is the first Army officer to publicly refuse to deploy to Iraq. Army officials at the Pentagon say at least 10 officers have refused combat deployment orders since the terrorist attacks of Sept. 11, 2001. Michael Gilbert: 253-597-8921 mike.gilbert@thenewstribune.com The charges The Army on Wednesday charged Lt. Ehren Watada with violating three articles of the Uniform Code of Military Justice. They are: ** *Article 87: **Missing movement. *"Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct." ** *Article 88: **Contempt toward officials. *"Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.? ** *Article 133: **Conduct unbecoming an officer.* "Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct." Originally published: July 6th, 2006 01:00 AM (PDT) 1950 South State Street, Tacoma, Washington 98405 253-597-8742 © Copyright 2006 Tacoma News, Inc. A subsidiary of The McClatchy Company