Fort Lewis soldier charged
By Katherine Tam
The Olympian
06 July 06
http://159.54.227.3/apps/pbcs.dll/article?AID=/20060706/NEWS/607060371

FORT LEWIS - A lieutenant who refused to deploy to Iraq faces three
charges, including conduct unbecoming an officer, that could put him
behind bars if convicted.

In addition, the Army filed charges of missing movement and contempt
toward officials against 1st Lt. Ehren Watada, 28, on Wednesday.

Watada faces up to seven years in prison, forfeiture of all pay and a
dishonorable discharge if convicted of all three charges.

Watada's attorney, Eric Seitz, said he was not surprised by the missing
movement charge. But he was "amazed at the utter gall" of the charge of
contempt toward officials, which raises some questions involving the
First Amendment, he said.

"It's crazy on their part. His statements were not disrespectful," Seitz
said in a telephone interview from Honolulu. "An officer in his position
is obligated to raise those questions."

Watada refused to go to Iraq on June 22 as a member of the Army's first
Stryker Brigade Combat Team because he believes the war there is illegal.

His stance has spurred support rallies - and counter-rallies - outside
Fort Lewis and in Honolulu, where he grew up.

Olympia supporters were talking Wednesday about rallying this afternoon
at the Interstate 5 overpass outside Fort Lewis.

In a report detailing the charges, the Army stated Watada used "orally
and publicly the following contemptuous words against the President of
the United States, to wit: 'I was shocked and at the same time ashamed
that Bush had planned to invade Iraq before the 9/11 attacks. How could
I wear this horrible uniform now knowing we invaded a country for a
lie?' or words to that effect."

Watada faces a pretrial hearing on the charges to determine whether he
will be court-martialed.

An investigating officer will be appointed to make the decision, and
Watada will have the rights to an attorney, to present evidence,
cross-examine witnesses or call witnesses, according to the Fort Lewis
Staff Judge Advocate Office. He also has the right to waive the hearing,
though Seitz said his client does not intend to waive it.

The investigating officer's determination is a recommendation, meaning
the court-martial convening authority can opt not to follow it.

The preliminary hearing could be scheduled as early as next week. Fort
Lewis officials said it's common for the hearings to be delayed at the
attorneys' request so they can have time to prepare.

Watada earlier was barred from leaving Fort Lewis. He has since regained
full privileges and is free to come and go, officials said Wednesday. It
was not necessary to confine him after charges were filed because they
do not think he is a flight risk, they added.

He is no longer with the Stryker Brigade and has been reassigned to the
Headquarters and Headquarters Company, I Corps.

Watada did not apply for status as a conscientious objector because he
isn't opposed to war in principle, just the war in Iraq. Army
regulations define conscientious objection as a "firm, fixed and sincere
objection to participation in war in any form or the bearing of arms,
because of religious training and belief."

Supporters played a video at a news conference last month in which he
said the "war in Iraq is not only morally wrong but a horrible breach of
American law." He was not available for comment Wednesday, Seitz said.

The Army said in a written statement Wednesday: "Officers are held to a
high moral and legal standard. Acts contrary to this standard may be
tried by court-martial."

More than 50,000 soldiers, including active duty, reserve and the
National Guard, have been deployed or mobilized through Fort Lewis for
the war on terrorism, said Erin Benson, a Fort Lewis spokeswoman. That
includes deployments to Iraq and Afghanistan.

/Katherine Tam covers the city of Olympia for The Olympian. She can be
reached at 360-704-6869 or ktam@theolympian.com./

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