An Officer and a Gentleman
First Lt. Ehren Watada still refuses Iraq deployment orders, calling the war illegal.
He is charged with "missing troop movement" and four counts of "conduct unbecoming an officer and a gentleman." A six-year prison term is possible; preliminary hearings were held Thursday (1/04/06). Unless he is assigned a buxom Marine LTC for defense, like those on the television series JAG, then he is done for.
As admirable, brave and correct is Lt. Watada's refusal to deploy, he will go down, as the sentence for missing a troop movement is immutable. He will either go to prison, or be dishonorably discharged; most likely the former, as the Army cannot allow troop movements to become voluntary.
My opposition to the prosecution of this case lies in the stacking of charges against Lt. Watada. Why is the Army stacking charges against Lt. Watada? They have him dead-to-rights for missing movement charges--the other charges are vindictive, and provide a chill message of repression aimed at all soldiers.
As far as unbecoming behavior, I wouldn't know where to begin in listing everyday examples in the military which might qualify for inclusion in this nebulous category. One example which comes to mind is the fact that American soldiers in Iraq and Afghanistan watch internet porno daily--is this not "conduct unbecoming" a soldier?
Give Lt. Watada a break and send him to prison, but don't make him a whipping boy.
Lt. Watada is an officer and a gentleman.
He is charged with "missing troop movement" and four counts of "conduct unbecoming an officer and a gentleman." A six-year prison term is possible; preliminary hearings were held Thursday (1/04/06). Unless he is assigned a buxom Marine LTC for defense, like those on the television series JAG, then he is done for.
As admirable, brave and correct is Lt. Watada's refusal to deploy, he will go down, as the sentence for missing a troop movement is immutable. He will either go to prison, or be dishonorably discharged; most likely the former, as the Army cannot allow troop movements to become voluntary.
My opposition to the prosecution of this case lies in the stacking of charges against Lt. Watada. Why is the Army stacking charges against Lt. Watada? They have him dead-to-rights for missing movement charges--the other charges are vindictive, and provide a chill message of repression aimed at all soldiers.
As far as unbecoming behavior, I wouldn't know where to begin in listing everyday examples in the military which might qualify for inclusion in this nebulous category. One example which comes to mind is the fact that American soldiers in Iraq and Afghanistan watch internet porno daily--is this not "conduct unbecoming" a soldier?
Give Lt. Watada a break and send him to prison, but don't make him a whipping boy.
Lt. Watada is an officer and a gentleman.
posted by rangeragainstwar at 6:35 PM
11 Comments:
I think it's fairly standard practice in the US legal system to stack charges as you describe it, especially in high profile and/or potential capital cases. As I understand it, the lesser charges are attached before trial as insurance in case the primary is somehow not proved or dismissed. This way there can be a conviction without a double jeopardy threat.
The contempt toward officials charge was dismissed by the convening authority.
If he had urged active duty members to refuse shipment, woulkdn't that have been "incitement to mutiny"?
Lurch,
Re. your last statement, if he had, indeed it would have been, but he didn't.
Stacking charges is also used as you know to force people into plea bargains.
The conduct unbecoming charges were based upon his talking to the press. Lisa and I disagree on this one; she believes soldiers must restrain comments, and I don't. I believe the First Amendment should apply to soldiers. Why do soldiers protect a Constitution that won't protect them?
Thinking of Pat Tillman, who also opposed the Iraq operation, he correctly withheld speaking to the press until his expressed desire to do so after returning to the states. I feel Watada should have the Constitutional right to speak to the press, though I am not advocating what he did. I still feel it is a stretch to call this conduct unbecoming an officer.
It will be interesting to see his defense re. missing the troop movement. It could be messy. You don't get in a contest with a skunk; no one comes out smelling like a rose.
Jim
LT Watada is a quisling. He should have never swarn oath for a commissioned officer.
Disgraceful
"Thinking of Pat Tillman"
Pat Tillman was a -NONCOMMISSIONED- officer. For opposing the the commander in cheif, the worse they can do to him is uncheck "loyalty" on his NCOER- a slap on the wrist.
Jim, a few things in response:
I wasn't aware that UCMJ permitted plea bargains. (Now, true, I did get a "1st Sgt's Article 15" once, but that was another issue.) But the idea of plea bargaining is so thoroughly counterintuitive to how I think of military service... Can you actually negotiate within an authoritative system?
I'm conflicted on the disagreement; I believe in 1st Amendment rights, yet also believe uniformed military are subject to a more stringent interpretation due to the needs of discipline. I suppose I land on the concept that needs of the service will always trump indivdual rights. Subordination to the group, unitary policy and cohesion have to serve the mission, and yeah, talking to the press is dangerous for individuals.
I can't seem to find a transcript of the talk to Veterans for Peace which forms the basis of the conduct unbecoming charge. I'm sure if it had been a Veterans for Blood Guts and Killing all Brown People he would have been fine. Because you were commissioned and I wasn't I think we tend to have different views of the divides between Offcer/EM and uniformed/civilian. It's "cultural" i.e. product of training.
Pat Tillman certainly had (in)formed views on many topics and it's a stretch to suggest his death is connected to them. I wasn't there to hear what he had to say. But, still, from what I read his wounds were clean kill shots.
I think LT Watada's projected defense is 100% justifiable, and will be ignored because military justice always serves the military, rather than justice.
But even with what we have today I still love the Army, and am proud of what I did.
Lurch,
I'm not an attorney, but..the court martial convening authority, i.e., CG, has rather broad powers under UCMJ. If memory serves, he can dismiss charges and reduce sentences. There is flexibility built into the system.
In a sense, an art. 15 is a plea bargain, b/c the preponderance of proof is lower. Once the soldier signs the art. 15, he's admitting his guilt. If he doesn't do this, then you proceed to the next stop, court martial. There is a precision to this that is beyond my level of knowledge.
It's been a long time since I've opened a UCMJ, but as I remember, it would make a hell of a bludgeon instrument.
I'm as conflicted as you are on this Watada case. But when we take the positions we've taken, you can't be half pregnant.
Like you Lurch, I don't like to dabble in conspiracy theory, and none of us knows what really happened out there with Tillman. And the Army is not very forthcoming on this one.
I'm gonna write further on Watada.
You have every reason to be proud of your service, as I am of mine. The attack on the Iraqi invasion is not an attack on the Army, as they are only carrying out executive orders.
Jim
Claymore,
You're either a veteran, or a Scottsman, and I talk to both. If you're a veteran you'll understand the following: the worst we could do to Tillman is bend his dogtags and send him to Afghanistan. But since he was already there...
We used to say the only way you can be hurt with an efficiency report is if someone rolls it up and sticks it in your eye.
I believe the system could ascribe much worse punishments upon an NCO, but since Tillman was so high profile, this would not be practical for the military,
Thanks for your comment
Claymore,
I went through jump school in June of 68, when the TX ANG was converting to airborne status. So I rubbed shoulders with the tab you have on your mail.
All the way,
Jim
Anon,
I do understand there is another way to view Watada's actions, but I don't believe Quisling is the correct term, but I am writing another piece called Quisling, as you've inspired me. As well, I am writing a clarification piece on my views on Watada.
Thanks for your input.
The two charges of conduct unbecoming an officer stem from public comments Watada made encouraging soldiers "to throw down their weapons" to resist an authoritarian government at home.
-Reuters
Do gentlemen make such comments?
"The accused sat comfortably in his office while the soldiers in his unit deployed to Iraq," said Capt. Scott Van Sweringen, the prosecuting attorney. "The manner and content of his statements were disgraceful."
Disgraceful, indeed
Claymore,
Thanks for bringing the Reuters article to my attn. I had never seen that alleged quote b/f in any of the press materials I'd read. If he said that, it would be stupid of him to do so and criminal, and if he said it, that is a violation of UCMJ.
His statements may be disgraceful according to his prosecutors, but what article of UCMJ does that violate? I find Bush's justification for going to war disgraceful, but he will not come to trial. It depends on whose ox is getting gored here, it seems.
Some safe JAG can talk about Watada being safe in his office, but when has the JAG officer ever been exposed to danger? Who is he to criticize.
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