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A federal judge in Tacoma has delayed the court-martial of 1st Lt. Ehren Watada, a Fort Lewis Army officer to refuse to deploy to Iraq.
In a rare intervention of a civilian court in the military justice system, U.S. District Court Judge Benjamin H. Settle granted the emergency stay (PDF) shortly before close of business Friday. Watada's trial, slated to begin at 9 a.m. Tuesday, is now postponed until at least Oct. 26, the judge ruled.
In granting the stay at 4:48 p.m., Settle determined that he has jurisdiction under federal law to grant the stay and that Watada's claim that a second-trial amounts to double jeopardy is not frivolous and "has merit" for consideration.
"The irreparable harm suffered by being put to a trial a second time in violation of the double jeopardy clause of the Fifth Amendment stems not just from being subjected to double punishment but also from undergoing a second trial proceeding," Settle wrote in quoting case law.
Steve
Give us the wisdom to teach our children to love, to respect and be kind to one another, so that we may grow with peace in mind. (Native American prayer)