The Watada Dilemma

September 3, 2007 By CJ
Posted in Top Posts

Before we come into the military, we are required to complete an oath of service. This oath is the same for both officers and enlisted military members:

“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

However, officers take on an additional oath that is similar, but points out the greater responsibilities bestowed upon commissioned officers:

“I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.” (DA Form 71, 1 August 1959, for officers.)

I highlighted a few areas in each of these oaths and these are the areas I want to focus on. Ehren Watada was commissioned into the Army in November 2003, after the war in Iraq had started. He took the above oaths “without any mental reservation or purpose of evasion”. Then, in June 2006, refused to deploy to Iraq. He believed the war in Iraq was illegal and it was his “duty” to disobey an order to deploy there. He was a First Lieutenant.

This is bad enough by itself, but it’s much worse. The Army definition of subversion reads, “Active attempts to encourage military or civilian employees to violate laws, disobey lawful orders or regulations, or disrupt military activities.”

Army Regulation, derived from the United States Code, further states the following:

During time of war, subversion additionally includes:
(l) making or conveying false reports or false statements with the intent to interfere with the operation or success of the armed forces of the United States or to promote the success of its enemies; and
(2) willfully obstructing or attempting to obstruct the recruitment or enlistment service of the United States, to the injury of the United States

In a video shown at his Article 32 hearing, 1LT Watada called on other soldiers “to throw down their weapons” and refuse to deploy as well. It is one thing for a United States commissioned officer to have an opinion about something, but to encourage other, more junior (though there really isn’t anything much more junior than a 1LT, except a 2LT) Soldiers to disobey LAWFUL orders. Yes, the orders to deploy are absolutely legal. I think there are many more officers in the Army, Navy, Air Force and Marines much smarter than Watada. If this war were truly illegal, and commissioned officers have the “duty as a commissioned officer of the armed forces” to refuse participation in something that is “not legal”, then I think more officers would be jumping ship and refusing deployment. Yet, out of the 68,634 active duty commissioned officers, this guy thinks he knows what he’s talking about.

And yet, even though this guy is disobeying orders there are those out there that are actively supporting this guy’s subversive behavior. At a progressive website, the question was posed “should a Soldier be penalized for speaking his mind?” No, he should not, provided that he does so “according to regulations and the Uniform Code of Military Justice”. To speak about one’s disapproval of this war and actively encourage that troops disobey lawful orders and endanger fellow Soldiers goes a bit beyond “speaking his mind”.

The Japanese American Citizens League (JACL) National Board recently voted to pass a resolution in support of the civil rights of 1st Lt. Ehren Watada. That’s unfortunate considering none of his civil rights were violated. It shouldn’t be surprising that the board is located in San Francisco. Other groups have done the same thing.

It’s beyond my scope of reasoning to understand how people (not all, since I recognize the majority of America supports its troops, regardless of their opinion of the war) will take it upon themselves to actively tear down our military and support the people who are willing to do it while in uniform. I think the problem stems from the fact that only a small percentage of the population actually understand military service. I’ve had countless arguments with people based on fact and personal experience and involvement in certain aspects of military life and this war, only to be told to provide links to back up my claims. They can’t see the forest for the tree. If the media doesn’t talk about it, it didn’t happen. If the media did talk about it, it’s gospel no matter how incorrect or partial its reporting may be.

None of this will affect my service. I’ll continue doing the right thing and attempting to educate people with facts and common sense. I love my country and despise those attempting to tear it down. 1LT Ehren Watada was a courageous American for volunteering to serve this country, but lost my respect for forgetting his roles and responsibilities. If when he is found guilty, I hope he gets the maximum punishment. And I hope the charge of subversion is added to his rap sheet.