Military Officer’s Refusal to Serve in Iraq May Gain City’s Support

An Army officer facing up to seven years in prison for refusing to deploy to Iraq may receive the symbolic support of the Berkeley City Council early next month.

Council members said they will likely sponsor a resolution in support of Hawaii native 1st Lt. Ehren Watada, stationed at the U.S. Army base in Fort Lewis, Wash., after meeting with the man's father, Bob Watada, on Saturday.

Military investigators have filed preliminary charges of missing movement, contempt toward officials and conduct unbecoming of an officer against Ehren Watada. Watada defied military orders to go to Iraq in June, calling the war illegal and criticizing President George W. Bush's conduct.

He faces a possible court martial pending further review.

"He said 'I'm making a decision' and he made a decision," said Bob Watada in an interview yesterday. "I stand by him and I'm proud of him."

Councilmember Dona Spring is sponsoring the city resolution in defense of Ehren Watada. Spring said the measure is consistent with the council's persistent opposition to the war in Iraq.

"I doubt there will be any objection," she said.

Bob Watada, who resides in Hawaii, has traveled throughout his home state and the Pacific Northwest since June speaking in support of his son's position. He attended over a dozen events in the Bay Area before heading to Eugene, Ore., today.

"It sort of snowballed for me," Bob Watada said.

In resisting deployment and expressing open contempt for Bush and other officials, Ehren Watada is defying the Army and could face dishonorable discharge, forfeiture of pay and two years of prison, said Tammy Reed, spokesperson for Fort Lewis.

"For a commissioned officer to publicly declare an apparent intent to violate military law by refusing to obey orders is a serious matter and could subject him to adverse action," Reed said in a statement.

But Ehren Watada's lawyer, Eric Seitz, said his client had a duty to disobey orders because the conduct of the war in Iraq violates both the international Geneva Conventions and the U.S. War Powers Act.

"The U.S. never received authorization from the United Nations to attack Iraq," Seitz said. "It is our contention that war crimes are being committed."

Seitz cited the holding of detainees without charges, deaths of hundreds of thousands of Iraqi civilians and what he called the deliberate deception of the U.S. Congress as grounds for declaring the war illegal.

Military officials, however, maintain Watada did not pursue the proper venue for opposition. Watada could have filed conscientious objector status, for instance, and requested discharge from the Army.

"Officers are held to a high moral and legal standard," Reed said in a statement.

A neutral investigating officer is currently reviewing evidence and written materials, including an appeal from Seitz, and will decide soon about whether to move forward with a court martial.

Spring said she admires Ehren Watada's stand against Bush's handling of Iraq.

"I personally consider him a hero for following his conscience," she said.

Spring expects at least three co-sponsors and unanimous passage for her resolution, which will likely be considered at the council's Sept. 19 meeting.

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