Justice Department won't pursue Watada case

The Justice Department is dropping its appeal of a judge's decision that blocked the Army from retrying a Fort Lewis lieutenant who refused to deploy to Iraq.

Army spokesman Joe Piek said Wednesday that Fort Lewis officials learned late last week of the department's decision in the case of Ehren Watada, who claimed the war was illegal and publicly denounced President George W. Bush when he skipped his deployment in 2006.

Watada's first court-martial ended in a mistrial, over his objection. A federal judge ruled last fall that the Army could not try him again on key charges, including missing troop movement, because it would violate his constitutional right to be free from double jeopardy.

The Justice Department initially appealed to the 9th U.S. Circuit Court of Appeals, but later asked the court to dismiss the matter. The court did so Wednesday.

"Because there are no longer any criminal charges pending against Lt. Watada, and because (his) military service has been extended far beyond his normal release date, he anticipates that he will soon be released from active duty," his attorney, James Lobsenz, said in a news release. "He plans to return to civilian life and to attend law school."

But Fort Lewis leadership is still mulling how to handle two remaining allegations of conduct unbecoming an officer against Watada, Piek said. Options include court-martial, nonjudicial punishment such as docking his pay or giving him extra work, or kicking him out of the Army with either an honorable or dishonorable discharge.

"What is most troubling to us here is that the most serious charge of missing movement will not be decided upon by a jury of the lieutenant's peers," Piek said. "We're troubled by that on that on behalf of the hundreds of thousands of soldiers who have deployed."