Preliminary victory for Lt. Ehren
Watada!
Judge blocks Army from second court martial of Iraq
War resister; declares retrial would likely violate Fifth
Amendment protection against "double jeopardy". Army
not giving up yet.
October 27 reports and photos
Sara Rich marches for daughter and all resisters in
Seattle. AWOL Spc James Circello addresses New
Orleans rally. Statement read in Chicago.
Hundreds of "Dear Canada" letters gathered in
SF.
Under investigation for 'search
& avoid'
Army has begun a very official "unofficial" investigation of
out-spoken Iraq veteran Eli Wright, an active duty soldier
at Fort Drum, New York for speaking to a reporter about pretend Iraq
missions.
Dear Canada: Let U.S. war resisters stay!
Sign
the appeal online. We'll mail three letters on your behalf to key
Canadian officials requesting that scores of U.S. Iraq War resisters be
allowed to remain in Canada. After signing the appeal, get involved in
this effort by visiting our "Dear
Canada" resources page for downloadable petitions, action
leaflets, and more.
"Preliminary" victory for Lt. Ehren
Watada!
Vietnam War resister Gerry Condon (right) helps carry Lt. Watada
banner, Seattle 10/27/07 |
Federal judge bars Army retrial of officer who
refused Iraq War
By Jeff Paterson, Courage to Resist. November 11, 2007
Civilian federal Judge Benjamin Settle blocked the Army’s
plans for a second court-martial of prominent Iraq War military resister
First Lieutenant Ehren Watada. Judge Settle’s preliminary ruling
last Thursday found that a retrial would violate Lt. Watada’s Fifth
Amendment protections against being tried for the same crime
twice—known as double jeopardy. [Ruling
by Judge Settle (PDF). November 8, 2007]
Lt. Watada became the first officer to publicly refuse to deploy to
Iraq in June 2006. He was charged with “missing troop
movement” and “conduct unbecoming an officer and a
gentleman,” and faced up to six and a half years in prison. His
case has remained undecided since military Judge Lieutenant Colonel John
Head declared a mistrial in Lt. Watada’s February 2007 court
martial, over the objection of the defense.
No court martial can now take place unless Judge Settle reverses
himself, or the military successfully appeals to the Ninth Circuit Court
of Appeals in San Francisco, or the U.S. Supreme Court—all of which
are unlikely.
In Thursday’s ruling, Judge Settle detailed numerous problems
with the military’s handling of the first court martial. Lt.
Watada’s Seattle-based civilian attorney Ken Kagan outlined the
following points contained in the 33-page ruling:
1. The remedy sought by Lt Watada—a writ of habeas corpus in
a pretrial setting–is rare but appropriate; 2. Lt. Watada will
suffer irreparable injury if relief is denied; 3. Lt. Watada is likely to
succeed on the merits; 4. Military Judge Head abused his discretion in
rejecting the Stipulation of Fact; 5. Even if Judge Head did not abuse
his discretion in rejecting the Stipulation of Fact, there was still a
lack of "manifest necessity" for declaring the mistrial; 6.
Judge Head failed to adequately consider possible alternatives; 7. The
balance of potential harms weighs in Lt Watada's favor; and; 8. The
public interest favors granting relief.
"This is an enormous victory, but it is not yet over,"
noted Kagen.
Underscoring this statement, the Army Office of the Staff Judge
Advocate has since announced they plan to file additional briefs before
Judge Settle issues a final ruling. "We look forward to the
opportunity to further explain to the District Court judge the full
extent of the protections and safeguards that are afforded to a military
accused.”
Never the less, this week’s ruling is a major
victory for Lt. Watada and all war resisters. In San Francisco’s
Chinatown, Asian-Pacific Islanders Resist and the Watada Support
Committee called for Lt. Watada’s immediate release. Courage to
Resist (photo right) joined San Francisco Poet Laureates Jack Hirschman
and Janice Mirikitani, former S.F. criminal prosecutor David Chiu, and
Reverend Norman Fong at a press conference turned celebration.
Read
complete article
Oct. 27 anti-war protest
reports and photos
In Seattle,
Washington, Courage to Resist member Sara Rich, mother of Army
Spc. Suzanne Swift, and her son marched with a banner urging support
for war resisters (photo right). Our friend Gerry Condon of Project Safe
Haven was seen helping with the large “Stop the Illegal and Unjust
War in Iraq—Support Lt. Watada’s Courage to Resist”
nearby.
In San Francisco, California, Courage to Resist
organizers (photo below) marched with Veterans for Peace, the Watada
Support Committee, and many other military-related organizations calling
for an immediate end to the U.S. occupation of Iraq.
After the march down Market Street to Dolores Park, volunteers
collected hundreds of signatures for our “Dear
Canada: Let U.S. war resisters stay!” initiative. We also helped
construct a walk-through “military experience” with the help
of Iraq Veterans Against the War (IVAW), American Friends Service
Committee, Military Families Speak Out, and counselors of the GI Rights
Hotline. The interactive theater installation featured recruiters
(including Iraq War resister Pablo Paredes) out front, introduction to
boot camp, and the real costs of war. Iraq War objector Marine L/Cpl
Stephen Funk parked the IVAW tank nearby.
In
New Orleans, Louisiana, state-native Sgt.
James Circello, an active-duty war resister and former paratrooper,
was the keynote speaker at the Washington Square Park rally calling for
an end of the occupation of Iraq, the restoration of the U.S.
Constitution, and for the rebuilding of the Gulf Coast.
James did 6 years of active duty before going AWOL during Easter of
2007. He said that he could no longer morally be a part of the
destruction of Iraq. He has been actively speaking out as a member of
Iraq Veterans Against the War and Courage to Resist and is a fugitive
from the military because of his AWOL status.
Standing with James on stage were Green Beret Bob Smith (3 combat
tours in Viet Nam), Viet Nam combat veteran Pat Dooley (1st Cav), Vietnam
Combat Medic Dave Collins (1st ID), Iraq War vet Justin Cliburn of Lawton,
Texas, Iraq War vet Amanda Fontenot, retired Air Force vet and
gubernatorial candidate Vinny Mendosa, and infantry vet Ward Reilly who
was a Viet Nam era war resister. (Report from New Orleans Voice for
Peace).
In
Chicago, Illinois, Joan Davis of Vietnam Veterans Against
the War (photo right) read a statement on behalf of Courage to Resist at a
rally of thousands:
There are those who dismiss war resisters as "cowards."
However, we know better. It takes exceptional courage to resist unjust,
illegal, or immoral orders. For many in the ranks it’s their
first-hand experiences as occupation troops that compel them to take a
stand and risk the stockade. These Iraq veterans turned anti-war heroes
include: Agustin Aguayo, Eli Israel, Mark Wilkerson, Suzanne Swift,
Camilo Mejia, and Chicago native Eugene Cherry…. Courage to Resist
offers a challenge to the entire peace community to help provide the
needed political, emotional, and material support to all military
objectors critical of our government's current policies of empire. An
important part of ending this war is supporting the troops who refuse to
fight.
More
Courage to Resist photos from Oct. 27
Under investigation for
speaking of "search & avoid"
Eli Wright during anti-war march, St. Louis 8/19/07. Photo: Jeff
Paterson / Courage to Resist |
Update November 3, 2007: The Army has begun a very official
“unofficial” investigation of out-spoken Iraq veteran Eli
Wright, an active duty soldier at Fort Drum, New York. Apparently the
story below prompted right-wing bloggers to press the military to take
action against Eli—for either the actions described, or simply
talking about them. The military might take action to keep “search
and avoid” missions from again becoming an “open
secret”—as during the Vietnam War. We’ll keep you
posted on developments, including possible action alerts if needed.
Ill-Equipped Soldiers Opt for 'Search and
Avoid'
By Dahr Jamail, Inter Press Service. October 25, 2007
Iraq war veterans now stationed at a base here say that morale among
US soldiers in the country is so poor, many are simply parking their
Humvees and pretending to be on patrol, a practice dubbed "search
and avoid" missions....
"We'd go to the end of our patrol route and set up on top of a
bridge and use it as an over-watch position," Eli Wright, also an
active duty soldier with the 10th Mountain Division, told IPS. "We
would just sit with our binoculars and observe rather than sweep. We'd
call in radio checks every hour and say we were doing sweeps."
Wright added, "It was a common tactic, a lot of people did that.
We'd just hang out, listen to music, smoke cigarettes, and
pretend."
The 26-year-old medic complained that his unit did not have any
armored Humvees during his time in Iraq, where he was stationed in
Ramadi, capital of the volatile Anbar province.
"We put sandbags on the floors of our vehicles, which had canvas
doors," said Wright, who was in Iraq from September 2003 until
September 2004. "By the end of our tour, we were bolting any metal we
could find to our Humvees. Everyone was doing this, and we didn't get
armored Humvees in country until after we left."
Read
complete article
"Dear Canada: Let U.S.
war resisters stay!"
Please sign the appeal online
"DEAR CANADA: LET U.S. WAR RESISTERS
STAY!"
www.couragetoresist.org/canada
"I am writing from the United States to ask you to make a
provision for sanctuary for the scores of U.S. military servicemembers
currently in Canada, most of whom have traveled to your country in order
to resist fighting in the Iraq War. Please let them stay in
Canada..."
Courage to Resist volunteers will send this letter on your behalf to
three key Canadian officials--Prime Minister Stephen Harper, Minister of
Citizenship and Immigration Diane Finley, and Stéphane Dion,
Liberal Party--via international first class mail.
In collaboration with War Resisters Support
Campaign (Canada), this effort comes at a critical juncture in the
international campaign for asylum for U.S. war resisters in Canada.
After you've signed the
appeal, join the campaign to support our U.S. war resisters
in Canada by visiting the campaign
resources page. Download, print, copy and distribute the "Campaign
Action Leaflet" (PDF), the
legal-sized petition (PDF), and the
single signature letter (PDF) among other tools. |