Watada court-martial stopped

Last updated October 5, 2007 5:52 p.m. PT

By MIKE BARBER
P-I REPORTER

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 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...[Open in new window]