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View Full Version : Watada's key defense: No longer an option



darin
01-17-2007, 03:01 PM
I'd been saying this forever - even mentioned it to the prosecuting attorney:

Watada wasn't ordered to do ANYTHING but move with his unit from one place to another. He was not ordered to fight or participate once getting there. He was simply ordered to MOVE:


Legality of war ruled irrelevant and out of order

In a finding of fact, Judge Head noted:

“A hearing on the “Nuremberg defense” would consist of witnesses who would testify that the war in Iraq was a crime against peace, a war of aggression, and a violation of the United Nations Charter, other international law, and U.S. law. The accused would testify that his refusal to go to Iraq was based upon the belief that he would be committing war crimes because the United States was involved in a war of aggression and a crime against peace.”

However, in conclusion:

“The accused’s motive not to deploy and his belief about the lawfulness of the Iraq war are not elements of the offense. Motive is, therefore, irrelevant on the merits…. Even had the defense been granted the full hearing they requested, the decision would be no different. The evidence proffered all went to a nonjusticiable political question or to a [irrelevant] motive.”

During the pre-trial hearing, Seitz asserted, “The legality of the Iraq War is not merely a political question. Lt. Watada’s specific intent was to avoid unlawful actions in Iraq. For the sake of due process, we need the opportunity to raise this issue.” Ruling on due process: DENIED.

http://www.couragetoresist.org/x/

Gaffer
01-17-2007, 03:46 PM
I'd been saying this forever - even mentioned it to the prosecuting attorney:

Watada wasn't ordered to do ANYTHING but move with his unit from one place to another. He was not ordered to fight or participate once getting there. He was simply ordered to MOVE:

BANG they got him.

5stringJeff
01-17-2007, 04:02 PM
Big rock --> small rocks.