Word: trialing
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...Watada, 28, refused to deploy to Iraq last June, calling the war there "manifestly illegal," and he had planned on using his court-martial proceedings to put the war itself on trial. He wanted to prove that the war was launched in violation of U.S. and international laws, and thus that he had a duty to his Army oath, and to his own conscience, to refuse the "illegal order" to serve in Iraq. In proving this, Watada hoped, he would inspire other soldiers to reconsider their own Iraq service...
...series of pre-court-martial hearings and rulings have limited the scope of Watada's available arguments to the point that he and his lawyer now concede they have no ability to stick to their original strategy of putting the war on trial, and little hope of keeping Watada from a prison sentence. "Unfortunately, in the military system, when it comes down to war, the policies of war are dictated by the Administration," Watada said in an interview with TIME. His lawyer, Eric Seitz, is less circumspect. "Military courts don't constitute a justice system," Seitz says. "They constitute...
...push the case into civilian courts - after first exhausting his appeals, as required, through the military justice sytem. "I would rate our chances substantial in civilian court," Seitz says. He believes that even if a civilian court declines to allow Watada to put the legality of the war on trial, it is likely to be much more sympathetic to Watada's argument that the First Amendment protected him from being charged with misconduct for his anti-war speech, even while in the military...
Libby is charged with perjury, not with the leak itself. But some might recall that perjury, and not illicit sex, was the charge in the impeachment trial of Bill Clinton a few years ago. And many people--including me--felt that prosecutor Ken Starr had set Clinton up: perjury is not good, but there had been a fundamental unfairness in forcing Clinton to choose between committing perjury and revealing information he should never have been asked for. Libby's case is similar, isn't it? That is, it is similar if you hold to all the theology about the importance...
...coverage of the Scooter Libby trial has been jaunty to the point of slapstick--quite different from the cathedral solemnity when journalists are in the dock. There have been no self-righteous editorials from the New York Times or the Washington Post with titles like "Press Freedom on the Precipice" or "Showdown for Press Freedom" (both real examples from the Times). This isn't hard to explain: I have been loving Scootergate myself and devouring the coverage. It's great to see the ham-handed machinations of the Bush Administration exposed. Yet Libby faces the possibility of years in prison...