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U.S. War Resisters Face Different Legal Outcomes

A U.S. war resister and his supporters won an important legal skirmish in Tacoma, Wash., Thursday, but two Americans who fled to Canada to avoid service in Iraq had their appeals to stay in that country blocked.

A federal judge in Tacoma issued a preliminary injunction that stops the military from going ahead with court-martial proceedings against Ehren Watada, an Army first lieutenant who refused to deploy to Iraq. The judge says the military court is ignoring Watada's constitutional right not to face double jeopardy after his first court-martial ended in a mistrial.

The injunction means Watada has a better chance of winning his case, but it also means he might not get a chance to test his central argument — that the Iraq war is illegal — in court.

Meanwhile, Reuters reports that the Canadian Supreme Court declined to hear appeals from two American war resisters, Jeremy Hinzman and Brandon Hughey, who deserted the Army and fled to Canada in 2004. The men had appealed rulings from immigration authorities and two courts that they are not refugees in need of protection.

Now the Canadian government wants them to leave. "All refugee claimants in Canada have the right to due process and when they have exhausted those legal avenues we expect them to respect our laws and leave the country," said Mike Fraser, spokesman for the citizenship and immigration minister.

But under the Canadian legal system, it could still be a long time before the men have to leave. For instance, they can ask for a pre-removal risk assessment to judge whether they would be at risk of torture, death or cruel and unusual punishment or treatment in the United States. And The Canadian Press reports that the men and their supporters will press the Canadian parliament to create a provision for them to stay.

 

Comments (Send a comment)

To Support and Defend all enemies both Foreign and Domestic, and to obey the orders of the President of the United States and the Officers appointed over me... this is an oath, that all members of the U.S. military swear and affirm prior to their VOLUNTARY enlistment into our armed forces. The issue seems pretty clear cut here. All of these individuals that refused to go to Iraq or any other station are in clear violation of the Uniform Code of Military Justice. Granted the Watada case of double jeopardy is a little more complicated, they are all deserters. As an all voluntary force, these individuals enlisted in the forces under their own free will, while we were already engaged in Iraq and Afghanistan. Lets be realistic here, they have committed a violation of the laws of our military, simple as that. We do not force people into national service, but have a set of rules that govern the good order and discipline of our military. Lets quit trying to harbor those that break those rules. These individuals joined knowing that they were to be deployed! You cannot in good conscience defend the idea that you join the military during a war and expect not to deploy to the active theater, then say it's ok. Let's get realistic American public, you have a better chance of dying on the roads of America every day than being shot in Iraq. I hate to play the statistics game here but we lose an average of 1,026,000 Americans every year to fatal car crashes, alcohol and poor diet and physical activities. We have lost less than 4,000 in a five year conflict. I do not see you up in arms about your vehicles and road restrictions and refusing to drive to work. "I didn't come to work today because there was a high risk of being in an accident and losing my life, sorry boss" Do you really expect to keep your job!!!! It's a common sense issue, they volunteered, they have rules, that's what makes the military the military.

Sent by tanker1812 | 7:02 AM ET | 11-17-2007

I am not going to throw numbers around here, but i would like to mention that there are some facts that were left out of this story! Not knowing all the facts of these cases i would be a little less inclined to pass judgement about these people. They're are plenty of people who believe that this president took an oath and has not been held to the fire when it matters most! Why should we go after the little guy, but not the big ones that some might argue are getting away with murder? It is no small secret that our troops are being asked way too much for this failed foriegn policy! An apology to our troops from this administration and our government would be in order!

Sent by zolimer | 7:55 PM ET | 11-17-2007

In Russia, all these guys would've been either shot or snow buried alive in Siberia

fred call

"Klinger's most unusual stunt was attempting to eat an Army Jeep ending up in post-op getting his stomach pumped of nuts, bolts and a windshield wiper. Once, he even confessed to being a Communist in hopes of being discharged.

"Eventually, Klinger gives up wearing women's clothing, a change demanded by Farr because he felt his children would be ashamed of his appearing in women's clothing week after week on national television

"Series writer Larry Gelbart stated during the M*A*S*H* 30th Anniversary Reunion special that Klinger's antics were inspired by stories of Lenny Bruce attempting to dodge his own military service by dressing himself as a WAVES member."


"My defense: I was a soldier. I saw the end of a conscientious day's effort. I watched through the portholes. I saw every Jew burned and turned into soap. Do you people think yourselves better because you burned your enemies at long distance with missiles without ever seeing what you had done to them?" --Lenny Bruce reciting a poem by Trappist Monk Thomas Merton, while imitating the voice of Nazi Adolph Eichmann.

Sent by fred call | 10:23 AM ET | 11-19-2007

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