Watada mistrial

So a man did not agree with the legality of the war.
If he would of been sent against his will what kind of job would he have done? Kill a few of his commanding officers?

This is supposed to be a nation that embraces freedom and will start a war to force feed it's way of life onto people.. yet a man can't decide if he wants to fight or not?

I know some redneck/milijunky in here is going to contest that he signed the dotted line saying he was aware of his possible duties (going to war), keep in mind that a soilder is a human, not a machine...and at the root of it all has the same rights as you and me.

He did not agree with the war, how many soilders have committed suicide? went AWOL? done things to get thrown in jail on purpose? this war is one of the few wars that have divided this nation to such extremes (Vietnam part 2).

Let the man be.
 
Watada is basing his defense on the Nuremberg Principles. Wars of aggression violate international law. Any order to deploy in a war of aggression is an illegal order. Watada was right to stand up and say, "No."


Quote:
The Nuremberg Principles were a set of guidelines for determining what constitutes a war crime.

Principle I
Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment.

Principle II
The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

Principle VI
The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
 
an officer is also required to oppose an order from a superior officer which he feels is immoral or illegal BUT that having been said he must immediately act to reprot to a superior officer the immoral order etc. That way he covers his but.

It sounds more like this guy waited until he was told to ship out and then bitched. Does anyone know when he joined up? Since i believe the striker brigades were formed particularly for Iraq as a fast response team he can hardly claim he didn't know.
 
You are right Snow Fox. The problem is that Lt. Watada's (and mine) Commander in Chief ultimately issued the order. Lt. Watada had nobody to appeal to.
 
Osborn, Osborn, Osborn. I have issues with most of what you wrote, but to make a simple reply, the war was perfectly legal. List all of the international law you want. However this doesn't change that fact that the cerase fire agreement signed at the end of the first gulf war was violated HUNDREDS of times by Saddam.

The agreement explicitly stated that any violation would result in an return to the status quo... i.e. war. The minute Saddam didn't let inspectors in to specific places, or Iraqi forced shot at nato/us planes the agreement was violated. Plain and simple.

WMD's, yellow cake, chocolate cake or strawberry cake doesn't matter. The war is legal.

Furthermore, even if you were correct, your viewpoint is from an INTERNATIONAL standpoint. From an AMERICAN legal standpoint the war is legal. The checks and balances were met, and the votes were cast. And it is the American system that will be judging Watada. He may have a case at the Hague (though not really for reasons I have already discussed) but he won't here in our courts.


As a result Watada has nothing to stand on

But whats more, this guy signed up AFTER the conflict in both Afghanistan AND Iraq began. That makes him both in violation of military law and a moron. What in the hell did he think was going to happen if he joined the army while the war in Iraq was going on?
 
Sadly it looks like unless soldiers and officers act like robots, they will be attacked as "puke soldiers", or called "morons" or worse. That is really shameful.

As more truth comes out as to whether or not the war was based on lies, each soldier needs to re-evaluate his/her situation and determine their own personal course of action.

Most will feel that sticking by their buddies and not leaving them is overwhelming more important than deciding that personal decision on the war. I.e. Even if they disagree with what they are doing, they will stay and fight. However, it is important to remember that is their decision to make.

Stage 2, you asked him to show that the war was based on a lie, then when he did, your response is it doesn't matter. Why did you ask for that information if you are going to ignore the response?
 
Stage 2, you asked him to show that the war was based on a lie, then when he did, your response is it doesn't matter. Why did you ask for that information if you are going to ignore the response?

He never did. In fact he conceded (sort of) that the war wasn't based on a lie.

But since we are talking about Watada here, whether the war was baed on trumped up inte or not isn't the issue. The sole issue was whether or not this was is legal. If it isn't than this puke (yes he is a puke) has no justification.

This is why I explained that from an american legal standpoint the war is justified, as well as from an international standpoint. Whether WMD's were ever found (and there were small amounts of chemicial weapons found which do qualify under the traditional definition of WMD's) doesn't speak to the legality of the war.

Most will feel that sticking by their buddies and not leaving them is overwhelming more important than deciding that personal decision on the war. I.e. Even if they disagree with what they are doing, they will stay and fight. However, it is important to remember that is their decision to make

And thats why this guy is a puke. Lead from the front... remember.
 
WMD's, yellow cake, chocolate cake or strawberry cake doesn't matter. The war is legal.

"Doesn't matter" is your response.

You asked, he answered, your reply to that is "doesn't matter"

Who's the puke? You need to address his response instead of waving your hands around. I think that is a reasonable request.

Did you bother to click on any of the *15* links that were provided to you?
 
"Doesn't matter" is your response.

You asked, he answered, your reply to that is "doesn't matter"

Who's the puke? You need to address his response instead of waving your hands around. I think that is a reasonable request.

Well, I said...

Anything to show the war was based on a lie will suffice.

And then he responded...

Firstly, don't put words in my mouth.
Did I use the word "lie"?
I said manipulated (un)intelligence, tongue in cheek.

He's the one that didn't address my response.

Either way, this is about Watada and his actions. I don't know why you are hung up on this point. Even if Osborn is correct and justifications for the war are trumped up, it is still a legal action.

Thats the only thing that matters for this puke soldier to get off. Watada HAS to show that this was is illegal. He won't be able to do that for the reasons I outlined.

Feel free to pick this hill to die on. It really doesn't matter. Watada will probably do the same thing and suffer the consequences. Tunnel vision to the end.
 
I suggest you reread his reply.

Or at least past the part that you just quoted.

Either way, this is about Watada and his actions.

Yay, more hand waving.

Feel free to pick this hill to die on. It really doesn't matter. Watada will probably do the same thing and suffer the consequences. Tunnel vision to the end.

Watada will not be able to show whether or not the war was illegal. I am not saying whether I support his position or not, merely that I want him to have every defense possible. Same as I would want for every single american.

There's a reason why this case is so huge, and not just another hum drum "soldier who disobeyed orders".

I guess we should amend your bumper sticker to "Support the Troops (that follow all orders without question regardless of legality or morality)"
 
Stage2 said:
He's the one that didn't address my response.

Incorrect.

I fully addressed your response, with facts and links to the sources of those facts.

I faulted you for using the word "lie", when the word "lie" was not in my statements at all, were they?

You can deny the facts of the wars basis all you want, but understand that as the facts come out, you will only be proven wrong moreso than you currently believe you were, and if your mind is made up as it seems to be, information is not going to help you.

The facts are all there, in the links, from both independent, media, official and other sources.

Stage2 said:
Even if Osborn is correct and justifications for the war are trumped up, it is still a legal action.

Obviously it isn't.

Its called fraud, deceit and manipulation of information, in the highest levels of our government, between the seated administration and the other three branches of government, not to mention violating laws that even Nixon didn't dare encroach.

For information that is more specific, in relation to the comparison between Watergate and Bushgate, please refer to the book "Worse than Watergate" by John W. Dean, who served in and under the Nixon administration. If that doesn't suit you, perhaps you could make personal contact with Edwin Viera, Constitutional Scholar?

What you are saying is nonsensical, and lacks any factual backing to support it.

Stage2 said:
Thats the only thing that matters for this puke soldier to get off. Watada HAS to show that this was is illegal. He won't be able to do that for the reasons I outlined.

Reasons you outlined:
However this doesn't change that fact that the cerase fire agreement signed at the end of the first gulf war was violated HUNDREDS of times by Saddam.

Are you saying any violation of treaty is grounds for unprovoked war of massive national scale and regime change? Even without international approval?

What about our treaty violations my friend? Where did the chemical weapons dictator Saddam used to gas the Kurds come from? Us. Were there treaties in the global theater to prevent this? Yes.

Don't make me break out the list of treaties we have broken in foreign policy, or domestic policy.

What is the Constitution? A treaty? A contract? A Pact?

Please, elaborate sir.

Stage2 said:
But since we are talking about Watada here, whether the war was baed on trumped up inte or not isn't the issue.

Yes, indeed it is, because it will call to question the legality of the order to war. This man, and every other soldier like him have become pawns in a legal shell game played by the Bush administration. The shell game has been busted, and found to be rigged, constituting fraud without a license to fraud.
(as if there is a license to fraud, hopefully you "get" the analogy.)

Stage2 said:
Whether WMD's were ever found (and there were small amounts of chemicial weapons found which do qualify under the traditional definition of WMD's) doesn't speak to the legality of the war.

Firstly, it matters if the WMD were the vehicle of support for the war, which the adminstration made it to be, with constant fear-mongering after 9-11, and false claims made about links between Saddam and Al Quaeda. The WMD found was a joke, and was only shown so that they could say "see, we did find something", but it was in NO WAY a national threat, ESPECIALLY to our nation, regardless of whose hands they made it into.

Secondly, this administration shaped the path for war, and built it on the best information they had at the time (their words, not mine). They failed, as did their interpretation of the intelligence, as well as the planning for the war.

Add to that, the fact that the only time "acknowledges" the UN, is when it suits his agenda. It suited his agenda to site the resolution, but he has ignored every other plea FROM the UN about that issue, as well as every other UN issue.
(I am no UN supporter, so don't try to paint me that way. Facts are facts.)

Stage2 said:
From an AMERICAN legal standpoint the war is legal. The checks and balances were met, and the votes were cast. And it is the American system that will be judging Watada. He may have a case at the Hague (though not really for reasons I have already discussed) but he won't here in our courts.

Well, what type of american are you talking about, when talking about the American standpoint?

Have you never read of the argument of war powers, or studied it?
http://www.barefootsworld.net/war_ep.html
http://www.fas.org/sgp/crs/natsec/98-505.pdf
http://www.govtrack.us/congress/subjects.xpd?type=crs&term=War+and+emergency+powers
http://www.yale.edu/lawweb/avalon/warpower.htm

Have you heard of, or read the "War and Emergency Powers Act"?



Do you know what Unitary Executive Authority refers to, or when it was introduced?

Do you understand the precedents set, before these pivotal, EXECUTIVE changes were made?

Obviously, you think all Americans support your idea of law, but that is not the case, even among scholars of the very subject.

I would reccommend this book:
http://www.amazon.com/War-Powers-Imperial-Presidency-Constitution/dp/0805075933


Stage2 said:
As a result Watada has nothing to stand on.

According to a smaller and smaller INFORMED percentage of americans everyday, in all circles, legal, political and social.

Stage2 said:
But whats more, this guy signed up AFTER the conflict in both Afghanistan AND Iraq began. That makes him both in violation of military law and a moron. What in the hell did he think was going to happen if he joined the army while the war in Iraq was going on?

You obviously haven't read much about his case.

I encourage you to do so, if you wish to have a respectable position in this debate.

As of now, you have shown nothing but subjective opinion, and one point about the UN resolution. Not much of an argument you have, not from the style of posts, and resolution to namecalling (puke soldier), or the lack of facts with exception to the UN resolution.


As a sidenote, relating to the topic.

Do you agree or disagree that an "Executive Order" is an order by proclamation, something that goes against every idea we have of "checks and balances"?
 
Are you saying any violation of treaty is grounds for unprovoked war of massive national scale and regime change? Even without international approval?

What about our treaty violations my friend? Where did the chemical weapons dictator Saddam used to gas the Kurds come from? Us. Were there treaties in the global theater to prevent this? Yes.

Don't make me break out the list of treaties we have broken in foreign policy, or domestic policy.

What is the Constitution? A treaty? A contract? A Pact?

Please, elaborate sir.

No. I'm saying that in this case, this is a legal conflict because of the treaty signed by the Iraqi government. The terms were explicitly stated in the treaty that any infraction would result in a return to conflict. Its a self executing agreement. It doesn't require any ratification from any international body. That was the whole point in making a cease fire agreement.

Whether we have broken every other agreement with every other country has NOTHING to do with this case. Just as if you went to court over a contractual dispute with another party, the judge is only going to be concerned with the contract in question, not other extraneous things.

The fact that you bring up suggests to me that you know full well that I am correct, and that your objections are simply of a moral nature.


Firstly, it matters if the WMD were the vehicle of support for the war, which the adminstration made it to be, with constant fear-mongering after 9-11, and false claims made about links between Saddam and Al Quaeda. The WMD found was a joke, and was only shown so that they could say "see, we did find something", but it was in NO WAY a national threat, ESPECIALLY to our nation, regardless of whose hands they made it into.

No, it actually doesn't matter if WMD's were the justification or if Bush wanted to open up a barbeque in Baghdad. The constitutional requirements in this case were met. Congress approved of Bush's actions to go into Iraq. Scream from the mountaintops if you want, but this is all the constitution requires.



Secondly, this administration shaped the path for war, and built it on the best information they had at the time (their words, not mine). They failed, as did their interpretation of the intelligence, as well as the planning for the war.

I hope you can understand the distinction between failure of intelligence and altering intelligence. As far as I'm concerned, there is no such thing as a sure thing where intelligence is concerned. Decisions need to be made every day by people who are fully aware that they don't have the whole picture. I will never fault anyone for making their best guess keeping the best interests of this country at heart.

Add to that, the fact that the only time "acknowledges" the UN, is when it suits his agenda. It suited his agenda to site the resolution, but he has ignored every other plea FROM the UN about that issue, as well as every other UN issue.

It wasn't just 1 resolution it was upwards of 13 if memory serves. All this over a span of nearly a decade and yet nothing was done. Furthermore all of the money that the UN pumped into Iraq through the oil for food program was completely wasted. If it was left up to the UN Saddam would still be making interest on the incoming money and engaging in other nefarious activities.

Most importantly, I don't ever recall anything in the constitution stating that the President was beholden to the UN. If he uses it when it suits him then thats fine by me.

You obviously haven't read much about his case.

I encourage you to do so, if you wish to have a respectable position in this debate.

Respectable is relative. There may many that think you're right. Unfortunately, those who make and enforce the laws aren't in this group.


As of now, you have shown nothing but subjective opinion, and one point about the UN resolution. Not much of an argument you have, not from the style of posts, and resolution to namecalling (puke soldier), or the lack of facts with exception to the UN resolution.

Quite the contrary. I've addressed why this war is perfectly legal, and as a result why Watada will do hard time. As far as the name calling, maybe I should and maybe I shouldn't. Regardless, its how I feel, and how many of my friends (who have either served, or are serving in Iraq) feel about this guy.



As a sidenote, relating to the topic.

Do you agree or disagree that an "Executive Order" is an order by proclamation, something that goes against every idea we have of "checks and balances"?

Irrelevant. Your posts in this thread and in the others are full of anti-government platitudes all of which are wholly unrealistic. The issue with this soldier is a very simple one. If the war is illegal then he will suffer no punishment.

You've explained away everything but this simple point. The president is the commander in chief. He controls the military. The constitution puts a check on this power by requiring congress to approve his actions. They did.

Both the president and congress could be the most evil bunch of vindictive and collusive bastards on the planet. But the constitution does not require a validation of reasoning. It merely requires a certian process. That process was satisfied. If you don't like it, then your area for redresss is the ballot box.
 
Stage 2,

The Constitution of The United States gives Congress the power to declare war but not the President. There is no Constitutional authority for Congress to abdicate that role to the President. Hence what they did was unconstitutional, i.e. illegal. Hence the war that came as a result of that abdication was illegal.

It's not rocket science. The Constitution is VERY clear on the powers that the government has. Congress does NOT have the Constitutional power to abdicate the declaration of war to the President. And the President has no Constitutional power to declare war.
 
I suggest re-reading the quick and easy to read Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq at http://www.whitehouse.gov/news/releases/2002/10/20021002-2.html

There is a good argument to be made that if the stipulations (the 'whereas' clauses at the top) are proved invalid, then the authorization is voided.

Also, there is Sec 3 (b)(2): "acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001."

There was A LOT of work by the administration to show that there was a connection between 9/11 and Iraq. However, according to the 9/11 commission, there has been no evidence that there was a link between Iraq and 9/11. (http://www.msnbc.msn.com/id/5223932/) Bush has now even said it in unequivocal terms.

I have no idea if this means that the resolution is no longer valid. Certainly, it is not a cut and dry "it was voted on therefore it is legal, case closed" situation.
 
Obviously Stage2, doesn't know much about the Constitution, except the "modified" version enacted and enforced by executive order.

I am betting neocon, but I could be wrong. :rolleyes:
 
The Constitution of The United States gives Congress the power to declare war but not the President. There is no Constitutional authority for Congress to abdicate that role to the President. Hence what they did was unconstitutional, i.e. illegal. Hence the war that came as a result of that abdication was illegal.

It's not rocket science. The Constitution is VERY clear on the powers that the government has. Congress does NOT have the Constitutional power to abdicate the declaration of war to the President. And the President has no Constitutional power to declare war.

You are absolutely correct. Congress did give their approval for this war.
 
I suggest re-reading the quick and easy to read Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq at http://www.whitehouse.gov/news/relea...0021002-2.html

I agree. I'm glad someone finally got to the good stuff. Lets take a look at what the President is entitled to do. From section 3...

(a) AUTHORIZATION. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to


(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.



So congress gave Bush the ok to defend our nation against threats (WMD's) and enforce the UN resolutions. In either case Bush had the authority to use force. Most importantly, whether it was necessary to use force was SOLELY left up to Bush. The constitution has been satisfied here folks.


There is a good argument to be made that if the stipulations (the 'whereas' clauses at the top) are proved invalid, then the authorization is voided.

Wrong, wrong, wrong. Statutory construction doesn't allow this. You start with the statute, not the other way around.


Also, there is Sec 3 (b)(2): "acting pursuant to this resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations or persons who planned, authorized, committed or aided the terrorists attacks that occurred on September 11, 2001."

Notice the language. It says international terrorists AND terrorist organizations INCLUDING those involved in 9/11. Meaning those that were involved in 9/11 as well as other groups. It does NOT say only against those terrorists involved or connected to 9/11. The administration does not need to show any connection between Iraq and 9/11 to legitimate their actions under this resolution. Plain and simple.


There was A LOT of work by the administration to show that there was a connection between 9/11 and Iraq. However, according to the 9/11 commission, there has been no evidence that there was a link between Iraq and 9/11. (http://www.msnbc.msn.com/id/5223932/) Bush has now even said it in unequivocal terms.

And as I outlined above this is all irrelevant for legal purposes.


I have no idea if this means that the resolution is no longer valid. Certainly, it is not a cut and dry "it was voted on therefore it is legal, case closed" situation.

Yes it is, and I'm willing to bet neither you nor Osborn have any legal experience whatsoever.



Obviously Stage2, doesn't know much about the Constitution, except the "modified" version enacted and enforced by executive order.

I am betting neocon, but I could be wrong.

Ah yes. As if adding some kind of label adds or detracts any weight from my arguments.

I am quite familiar with the constitution and I can guarandamntee you that nowhere does it speak of judicial review by jury.
 
"I have no idea if this means that the resolution is no longer valid. Certainly, it is not a cut and dry "it was voted on therefore it is legal, case closed" situation."
Yes it is, and I'm willing to bet neither you nor Osborn have any legal experience whatsoever.

I am so very sorry that I didn't realize that you were a judge. You know, the people that actually determine whether something voted through the legislature is actually legal or not.

Thank you also for reminding me that EVERY SINGLE ruling by the supreme court has been unanimous because interpreting these things are so darn simple. Frankly, I'm not sure why there IS a court system in your world. There is no wiggle room at all.
</snarky>

Of course the resolution and all actions will probably be held up as legal. But in order for that to occur it has to come in front of a judge. Watada is providing that venue. Your personal attacks on him for what may very well be the mistake of his life are simply offensive though. You seem to forget that as a human he had to interpret his role in all of this through his own personal (and ever changing) filter of morality. :confused:
 
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