A U.S. District Court judge today granted a preliminary injunction that bars the Army from proceeding with a second court-martial trial of 1st Lt. Ehren Watada, the first Army officer to face prison for refusing to deploy to Iraq.
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In his written decision, Judge Benjamin Settle of Tacoma found that the Army judge "likely abused his discretion" in the court-martial, and that Watada's District Court case about violations of Fifth Amendment protections was likely to succeed on merit. He ordered the U.S. Army not to proceed with a Fort Lewis court-martial...
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"The same Fifth Amendment protections are in place for military service members as are afforded to civilians. There is a strong public interest in maintaining these rights inviolate," Settle wrote "... To hold otherwise would ignore the many sacrifices that American soldiers have made throughout history to protect these sacred rights."
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