I wonder how aware Watada is of our operations in Afghanistan. He might not want to serve there, either.
I think that a victory in this would be the double jeopardy, which is all but assured, either honorable discharge or allowing Watada to continue service in a manner more befitting to a noble officer (in other words, not going to Iraq), and the new and exciting precedent to use for anti-Iraqi war cases (anything from illegal detention to the illegality of the war and occupation themselves).
I'd like to shake the guy's hand and congratulate him for a victory on princeple.
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