Quote Originally Posted by Navaros
Of course his defense won't work, they are being silenced just like in the title of this thread, in a fixed "trial" with a predetermined outcome. The legal experts who can prove the War on Iraq is illegal are being barred from even speaking. But even if they did speak the outcome would be fixed anyhow.

Of course, the reality remains that the War on Iraq is illegal and Watada is completely right, regardless of the fixed result of his farce trial.
Emotional appeal does not work. Until he goes in front of the civil authorities that review and conduct appeals on Military Courts Martials, his defense is not valid just as the judge ruled. One can not refuse a valid military order because they disagree with the order, one must demonstrate that the order of one's immediate commander is unlawful.

His Battalion Commander's order is lawful, the deployment order given to him by his Brigade Commander meets the requirements of a lawful order as stated in the Uniform Code of Military Justice.

The legality or illegality of the war is an issue of wether Congress followed its established procedures in the authorization of the use of force against Iraq. Until that is establish the LT will have to suffer the consequences of his refusal to obey a lawful order. And until he goes in front of the Supreme Court - he has to follow the process that is stipulated in the Uniform Code of Militarty Justice.

In other more simple words - you are going to have to wait. Your objection to the court martial is based upon your lack of knowledge, your naivity, and your emotional appeal on the subject. Your arguement lacks the necessary facts. Just like the attempt the LT is using for his initial defense lacks the necessary substance. The attempt to get it admitted means that that will be the base for the appeal.

When one looks at the Military Code of Justice and the Regulations that the United States Military has for the waging of war - one will quickly discover that the LT doesn't have much of a leg to stand on in his refusing to obey the deployment order. The constitution is the authority that the LT has to answer to - the constitution is not superceded by any treaty that this country has entered into.