FORT LEWIS, Wash. - With dozens of observers lining the military court's steps, criminal
proceedings against Lt. Ehren Watada got underway Monday morning. Watada faces a general court martial for refusing to go to Iraq, because he says the war's illegal. It's a claim supported by many of those who came to watch.
"We think it's an illegal immoral for the reasons that are obvious to everyone else here," said Watada supporter, Robert Archer.
Inside the courtroom where no cameras are allowed, things started slowly. Most of the morning was spent on preliminary motions, which included Watada stipulating to many of the facts in the case.
Video
Among other things, Watada agreed he made a recording released June 7. He also stipulated that he refused to deploy because he thought the war was illegal.
"I must, as an officer of honor and integrity, refuse that order," he said in the video.
But the defense plan has never been to deny the facts. Instead, Watada's attorney wants to explain why Watada's actions might be legal. However, that strategy took a serious blow as things grew tense between the judge, Lt. Colonel John Head, and the defense.
Head started by telling defense attorney Eric Seitz to: "leave your courtroom dramatics at the door."
Later, Seitz grew upset because the judge prevented certain jury selection questions. Seitz blasted the judge, saying: "This is flatly wrong ... I have a right under the manual and the constitution ... we're wasting our time in this courtroom ....you have tied our hands. It's judicial misconduct."
That sentiment is shared by Watada's supporters.
"It seems at this point Lt Watada has no right to his defense, to present witnesses. He has no rights," said Linda Newton.
Actor and war critic Sean Penn was among those who stood on a Dupont overpass trying to send a message.
"I'm just here to stand among the other supporters of Lt. Watada ..." he said. "This is a decision of conscience."
Carlos Arrendondo, whose son was killed in Iraq, was there too.
"I'm here to support Lt. Watada because if he was my son's commander, perhaps my son would be alive to support Mr. Watada," he said.
Several of Watada's supporters came early to show their support.
"Lt. Watada is the one that's finally stood up because the president didn't stand up," said Kathleen Jennings.
"He's refused to do something he truly believes is illegal," said Kate Grutz.
Another vocal group was on hand to also make a point.
"Be even better at the end of the week when that weasel Watada is thrown in prison," said Jeff Brigham.
Brigham and others want Watada locked up for his act of defiance.
"Because he disobeyed a legal order," said Brigham.
"What would happen to our military if they didn't go to this war, or that country?" said Shelley Weber.
Although opinions differ on whether Watada made the right or wrong decision, both sides of this debate seem to agree on one thing: Lt. Ehren Watada will most likely head to prison.
"Definitely ... he swore an oath to obey order of the commander in chief, and the officers appointed over him," said Brigham.
"I would presume a conviction," said Penn. "We hope they're as reasonable as possible in terms of the time they give him and then we intend to continue support following that."
Watada is charged with missing a troop movement last June and two counts of conduct unbecoming an officer for his public comments against the war.
Watada says the war is illegal and he has an obligation to refuse unlawful orders. A military judge has already ruled Watada can't base his defense on the war's legality.
If convicted, he would face up to four years in prison.
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