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Originally published October 3, 2007 at 12:00 AM | Page modified October 3, 2007 at 10:01 PM

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Watada says second court-martial is unconstitutional

A fort Lewis soldier arrested for refusing to deploy to Iraq has asked the U.S. District Court in Seattle to bar his upcoming court-martial...

A Fort Lewis soldier arrested for refusing to deploy to Iraq has asked the U.S. District Court in Seattle to bar his upcoming court-martial, saying that the Army is violating his constitutional rights by trying him twice for the same crime.

First Lt. Ehren Watada is charged with missing his unit's deployment in June 2006 and with conduct unbecoming an officer for comments he made about President Bush and the Iraq war. If convicted, he could be sentenced to six years in prison and be dishonorably discharged.

The lieutenant contends the war is illegal and he would be party to war crimes if he participated. His first court-martial ended in a mistrial, and military judges have held that he may be tried a second time.

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