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Originally published February 5, 2007 at 12:00 AM | Page modified February 5, 2007 at 8:01 PM

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Watada court-martial begins

The court martial of 1st Lt. Ehren Watada began today with a military judge sharply restricting the list of witnesses sought to defend this...

Seattle Times staff reporters

The court martial of 1st Lt. Ehren Watada began today with a military judge sharply restricting the list of witnesses sought to defend this Fort Lewis officer who refused to deploy to Iraq.

Lt. Col. John Head said that these witnesses, which included a former member of the CIA and a former U.N. official, "are not relevant and would tend to confuse issues at the trial."

In the courtroom, a defiant defense counsel, Eric Seitz, said, "I think it is an atrocity that our witnesses are being handled in this manner."

The judge said he would consider one defense witness — a Georgetown professor — who may testify about free speech in the military.

Seitz said that Watada would take the stand in his own defense.

Also in the morning session, Watada carefully reviewed a 12-page pre-trial agreement which affirmed statements he made criticizing the war.

A panel of at least of five officers will be selected to decide his guilt or innocence. If he is found guilty, he could spend up to four years in prison.

Since he announced his decision to refuse a deployment order last spring, Watada has emerged as one of the nation's most renowned military war resisters. At peace rallies, conferences and other events, he has denounced the Bush Administration's conduct of the war, and said his participation could make him a party to war crimes.

The court-martial will try Watada both for his actions, and his outspoken attacks on the Bush Administration and the military, which the Army charges as conduct unbecoming an officer.

As the court-martial began, anti-war activists converged outside the fort for vigils and rallies in support of Watada.

By late morning protesters were setting up in a park a few blocks from the fort's main gate.

Many trucks and cars arriving at the park bore anti-Bush bumper stickers. A charter bus from Portland drove up and a stream of Watada supporters emerged carrying signs, including one sign that said, "Thank you Ehren Watada."

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Hollywood actor Sean Penn was among the Watada supporters who showed up for the event.

A small group of people who oppose Watada and what he stands for were also there, including Nancy Robertson from Cashmere in Chelan County.

"When my daughter did her first tour of duty (in Iraq), all they were showing on TV was anti-war protests," Robertson said. "I don't want her to think no one supports her. I'm very proud of her."

Her daughter, 27, is a tank mechanic doing her third tour of duty.

The court-martial is expected to finish before the week's end.

If the panel finds Watada guilty on any charge, the court-martial will enter a second phase to determine the length of his sentence.

Watada, a native of Hawaii, an Eagle Scout in his youth. He joined the Army in the spring of 2003, and at Fort Lewis was assigned to the 3rd Brigade, 2nd Infantry Division, which deployed last June to Iraq.

After joining the Army, Watada said he became convinced that the Iraq war was an illegal action that violated the United Nations mandate. Watada said he was compelled by his Army oath — and his conscience — to disobey an order to deploy.

In a pretrial motion, a military judge ruled that the legality of a war is up to Congress to decide — not an individual officer.

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