Seattle Times Staff- May 6, 2009The Army has decided not to proceed with its appeal of a federal judge's ruling that 1st Lt. Ehren Watada cannot face a second court-martial on three of five counts resulting from his high-profile 2006 refusal to deploy to Iraq with a Fort Lewis brigade, his attorneys said today.
Watada's first court-martial, in February 2007, ended with a mistrial.
U.S. District Judge Benjamin Settle in Tacoma ruled on double-jeopardy grounds in October that Watada could not be prosecuted by the Army on charges of missing his redeployment to Iraq, taking part in a news conference and participating in a Veterans for Peace national convention.
But Settle left open the possibility that the Army could retry Watada on two counts of conduct unbecoming an officer resulting from his media interviews.
It is unclear if the Army plans to pursue those charges.
-thanks to Seattle Times