Lt. Watada Cannot be Retried after Mistrial!

Mistrial Declared for War Resister Lt. Watada

By Marjorie Cohn, AlterNet Posted February 8, 2007

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(Cohn and Watada with Mikael Rudolph of ImpeachforPeace.org)

When the Army judge declared a mistrial over defense objection in 1st Lt. Ehren Watada’s court martial on Wednesday, he probably didn’t realize jeopardy attached. That means that under the Double Jeopardy Clause of the Constitution, the government cannot retry Lt. Watada on the same charges of missing movement and conduct unbecoming an officer.

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