"Watada court-martial now less likely"

Seattle P-I:

The chances of a second court-martial for 1st Lt. Ehren Watada, the Fort Lewis officer who refused to go Iraq because he believes the war there illegal, became far less likely Thursday. A federal judge issued a preliminary injunction against a second-court martial.

Last month, U.S. District Court Judge Benjamin Settle of Tacoma temporarily stopped the court-martial, which was to begin Oct. 9.

In his ruling Thursday, Settle said that Watada would "suffer irreparable harm" should he be tried a second time and that the Army lieutenant would likely prevail at a full trial if he argued that a new court-martial would violate his constitutional protection against double jeopardy.

Watada's court-martial in February ended in a mistrial, over his objections, after evidence had been heard but before a panel of officers began deliberating.

His attorneys argue that a new court-martial would constitute trying Watada twice for the same offenses.