Case Crumbles Against Officer Who Refused Iraq

First Lt. Ehren Watada, the first commissioned officer to refuse deployment to Iraq, won what his backers are calling a "huge victory" in court Thursday.

US District Court Judge Benjamin Settle ruled the military cannot put Watada on trial a second time unless it can prove such a trial would not violate the US Constitution's prohibition against "double jeopardy."

In February, Lt. Watada's first court martial ended in a mistrial just before he was to take the stand in his own defense. Many observers believe the judge, Lt. Col. John Head, ordered a mistrial in that case because he was worried that Lt. Watada's testimony would lead to him being found not guilty of "missing [troops] movement" and "conduct unbecoming of an officer and a gentleman."

Immediately before a mistrial was declared, Watada had said: "Your Honor, I have always believed that I have a legal and moral defense. I realize that the government can make arguments and you can make rulings contrary to that, but that does not negate my belief that I have a defense." More...