FOR IMMEDIATE RELEASE
Contact: media@aclu.org
Brief Filed for
Soldier Facing Court Martial
for Opposition to Iraq War
TACOMA, WA -- In a military
justice case that has drawn wide attention, the American Civil Liberties Union
of Washington is backing the free speech rights of a soldier facing court
martial for refusing to serve in the war in Iraq. The ACLU today submitted a
friend-of-the-court brief contending that Lt. Ehren Watada should not be
punished for his public statements expressing legal and moral objections to the
war in Iraq. The military is holding a hearing
on August 17 to determine whether to go forward with court martial proceedings
against Watada. The ACLU takes no position on his challenge to the lawfulness of
the orders to report for duty in Iraq.
“Soldiers should not be
court-martialed for explaining their views on important political issues when
doing so does not adversely affect military functioning. Lt. Watada was
exercising his free speech rights as a citizen in a democratic society,” said
Kathleen Taylor, Executive Director of the ACLU of Washington.
Ehren Watada
enlisted in the army after finishing college because he wanted to aid his
country after the September 11 terrorist attacks. He has been deployed in Afghanistan and
Korea, and has received good reviews for his service. Lt. Watada became convinced that the war
in Iraq is unlawful and that he has a duty as an officer not to participate in
it. When he learned that his unit was to be deployed to Iraq, he made requests
to be transferred elsewhere, but they were denied. In early June, he discussed
his views on the war publicly, holding a press conference and speaking to
individual reporters. On June 22,
he refused to board the bus for his deployment to Iraq.
In addition to charges against
Lt. Watada for refusal to report to duty, the military is seeking to penalize
Lt. Watada for statements he made to reporters expressing his objections to the
United States’ involvement in the war in Iraq (see below). He is being charged
with violating two articles of the Uniform Code of Military Justice: Article 88,
which prohibits use of “contemptuous words” against the President and other top
governmental officials; and Article 133, which prohibits “conduct unbecoming an
officer” – that is, behavior which dishonors or disgraces an officer or
“seriously compromises the officer’s character as a gentleman.”
The purpose of Lt. Watada’s
public remarks was to explain the motivations for his actions. While one may
disagree with Lt. Watada’s opinions on the war’s legality, the ACLU said in
legal papers, his expression of those opinions reflected his deeply felt beliefs
and showed a seriousness of purpose and high moral character. In speaking his
mind, Lt. Watada expressed sharp disagreement with government policies and the
actions of the President, but he did not use contemptuous language and did not
behave in a dishonorable manner.
The following are the statements
for which Lt. Watada is facing court martial:
Statement 1: “I could never conceive of our leader
betraying the trust we had in him …. As I read about the level of deception the
Bush administration used to initiate and process this war, I was shocked. I became ashamed of wearing the
uniform. How can we wear something
with such a time-honored tradition, knowing we waged war based on a
misrepresentation and lies? It was
a betrayal of the trust of the American people. And these lies were a betrayal of the
trust of the military and the Soldiers….But I felt there was nothing to be done,
and this administration was just continually violating the law to serve their
purpose, and there was nothing to stop them….Realizing the President is taking
us into a war that he misled us about has broken that bond of trust that we
had. If the President can betray my
trust, it’s time for me to evaluate what he’s telling me to do.”
Statement 2: “I was shocked and at the same time
ashamed that Bush had planned to invade Iraq before the 9/11 attacks. How could I wear this [honorable]
uniform now knowing we invaded a country for a lie?”
Statement 3: “It is my conclusion as an officer of
the Armed Forces that the war in Iraq is not only morally wrong but a horrible
breach of American law….As the order to take part in an illegal act is
ultimately unlawful as well, I must as an officer of honor and integrity refuse
that order….The wholesale slaughter and mistreatment of Iraqis is not only a
terrible and moral injustice, but it’s a contradiction to the Army’s own law of
land warfare. My participation
would make me party to war crimes.”
The Army charges that the
Statements 1 and 2 violated Art. 88 of the Uniform Code of Military Justice
(“Contempt Toward Officials”) and that all three statements violated
Art. 133 (“Conduct Unbecoming an Officer and Gentleman”).
ACLU of Washington Staff Attorney
Aaron Caplan wrote the ACLU’s friend-of-the-court brief.
