Ehren WatadaArmy First Lieutenant Ehren Watada saw his case move one step closer to resolution earlier this month when a federal court issued a preliminary injunction against a second court martial. The Army's prosecution of the first officer to publicly refuse to deploy to Iraq has been in legal limbo since a February court martial ended abruptly when the military judge threw out a stipulation agreement and declared a mistrial.

In June 2006, Lt. Watada held a press conference where he declared that the Iraq War was illegal, and that it was his duty to refuse orders to deploy. Lt. Watada was charged with violations of articles 87 and 133 of the Uniform Code of Military Justice for refusing to deploy to Iraq, and publicly explaining his reasons for doing so. If convicted, he faced up to six and a half years in prison.

Following February's mistrial, the Army refiled charges against Lt. Watada, and prepared for a second court martial. The defense argued Fifth Amendment protection against being tried for the same crime twice, and filed appeals with every level of military court. Lt. Watada's claims to constitutional protections were not heard in court until the case reached the civilian, federal district court, in Tacoma, Washington.