Specifically, why is it only now that Lt. Ehren Watada's draft-dodging fathers history comes springing onto the national stage? I would think that kind of thing would turn up in the most cursory of background investigations...
That said, Watada made his choice in refusing orders, and needs to live with it. Refusing orders, as I understand it, is a hobby indulged entirely at an individuals own risk - a high risk adventure, best indulged after long contemplation, and with heavy penalties attached if you guess wrong.
Lawdog and others address this better than I can, but the number of *really clear* cases where an order is unlawful is rather limited, and the presumption is that an order is lawful - so the individual is fighting an uphill battle before they even begin - though "I was just following orders" is at the same time a defense almost always doomed to failure.
"Under current law, and the Manual for Courts-Martial, "An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.""
Simply because one is not enamored of it, does not make the Iraqi war or orders issued in its' furtherance unlawful.
To my eye, Watada is guilty, and getting into hissing matches with the judge isn't going to make it any better. He received no order to engage in criminal conduct, merely to deploy - his argument that deploying might subsequently lead to his receiving an illegal order is fatuous at best...the proverbial red herring.
Until he actually gets an unlawful order, he has no defense because he hasn't yet gotten an order he is legally entitled to refuse. Subsequently going forth and suggesting that troops should resist by laying down their arms, well...that's indefensible, soliciting insubordination in time of war - if you go down that path, you'd best not just be leading a revolution, you'd best win.
As far as I'm concerned...prison term, dishonorable discharge, given that we don't have a tradition of penal battalions in this country.
He may get a brief stint at Leavenworth - personally, since I believe he took the government's money for college, with the understanding he would be commissioned upon completion of his degree, I think he should also be assessed financial payback to the government of 10 times what was spent on HIS education ..................... too bad BCDs/DDs {Bad Conduct Discharges/Dishonorable Discharges} don't carry the weight they once did ..................
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