National JACL Board Strengthens Support for Watada
After much debate within the organization, the board issues a statement calling for a fair and impartial trial and reinforces Watada's right to be protected from double jeopardy.
SAN FRANCISCO—For two and a half hours over a lunch of curry Floyd Mori, JACL's national director, got a chance to hear about 1st Lt. Ehren Watada's upcoming court martial and why he's against the current Iraq War - in person.
It was the first time Mori had met the 29-year-old Japanese American with the notorious distinction of being the first Army officer to refuse deployment to Iraq.
"I respect the process he went through, the conclusion he came to - a personal, moral decision that took courage to do so," said Mori. "He is a forthright, intelligent, sound person of integrity."
Mori's impressions of Watada set the tone for the Aug. 18 national JACL board meeting where board members were once again asked to increase their support for the first lieutenant, this time focusing on the issue of double jeopardy, a fifth amendment right.
With Watada's second court martial on charges of missing troop movement and conduct unbecoming an officer set for October, community activists and civil rights attorneys spoke out in support of the resolution brought to the table by the NCWNP district.
"Look to the heart of the resolution," urged Andy Noguchi, NCWNP civil rights co-chair.
After a lengthy debate, which included two time extensions, a slightly watered down version of the resolution was eventually passed - almost unanimously.
With a vote of 13 to 1 the national JACL board agreed to increase their support for Watada, calling for a fair and impartial trial including the right to have a trial presided over by an impartial judge and the right to be protected from double jeopardy.
"In my mind I am satisfied their appeal for double jeopardy is within JACL's purview," said Mori. "Double jeopardy goes to the issue of a fair trial."
Community Debate
In June of 2006 Watada announced his life changing decision to refuse deployment to Iraq because he believes the war is not only immoral but illegal. Since then the JA community has been vehemently divided into two camps: those who staunchly support his constitutional rights and those who believe Watada's oath as a soldier requires him to obey direct orders from his superiors.
The same division continues to permeate the JACL.
Elaine Akagi, PNW district governor, was the lone dissenting vote on the national board. She cast her vote because her district - which includes Fort Lewis where Watada currently serves in an administrative position - told her to vote down any resolution calling for increased support for the officer.
"We have a lot of former military people living in the PNW, since Fort Lewis and Bremerton are here in Washington. The message I get from them is that Watada was wrong to not deploy when ordered to, and as an officer of the U.S. Army, had a duty to go," she said. "They feel he must face the consequences of his decision, and that the Army's form of trial will be fair and just."
The original resolution - which included stronger wording and a call for JACL to write letters to the courts - did not sit well with some of the national board members.
"There are several things that trouble me about this resolution," said Kristine Minami, EDC governor and an attorney. "This is military law. It is inappropriate to try to sway a judge's decision in any way. JACL was not there."
But in the end, a diluted version of the original resolution seemed to satisfy the majority of the national board.
A Civil Rights Issue
"[The JACL's] role to me as a Japanese American is to be a voice ... for civil rights. To stand up for what's right."
As a member of the renowned coram nobis legal team, Karen Kai brought a lot of credibility to the national board debate on the Watada resolution. She reminded them that when she and her fellow attorneys asked for the national JACL board's support in the 80s they did not know all of the legal issues but they did what was right.
She asked the current national board to do the same. "This statement calls for justice for Lieutenant Watada."
Last July in response to the community's call for JACL to take a position on the Watada controversy, then national director John Tateishi issued a statement of concern over some of the charges he currently faces.
Ever since the statement was issued, some JACL chapters and members have pushed for a stronger show of support for Watada including the Watsonville-Santa Cruz chapter. It was this chapter that urged the NCWNP district to bring the resolution to the national board's attention.
"Today we are at a crossroads. What kind of organization are we going to be?" said Mas Hashimoto, of the Watsonville-Santa Cruz chapter. "We need to take a stand, a firm and dedicated stand."
Alan Nishi, NCWNP governor, echoed the same sentiments: "We should take a more solid stance than we have in the past."
Double Jeopardy
On Oct. 9 Watada is scheduled to head back to court for a second trial. At his original court martial the judge declared a mistrial. If convicted of all charges, Watada faces up to seven years in jail.
Watada's attorneys are currently arguing that a second court martial constitutes double jeopardy, a fifth amendment right that protects individuals from being charged with the same crime twice.
"Double jeopardy is an important constitutional right to protect all citizens from oppression. This is the issue presented here," said Robert Rusky, who with Kai was a part of the coram nobis legal team.
The JACL national board has already begun to disseminate their decision to strengthen support for Watada and the resolution also calls on the organization to help educate other groups on the controversial issue.
"Our belief ... is this will define JACL's continued effectiveness for future generations," said Paul Kaneko, a board member of the Watsonville-Santa Cruz chapter.
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National JACL Resolution on Watada (adopted Aug. 18, 2007):
"The National JACL Board believes that all American citizens have the right to a fair and impartial trial, which includes the right to have a trial presided over by an impartial judge and to be protected from double jeopardy.
"The National JACL Board shall generate a strong public statement supporting 1st Lt. Ehren Watada's right to a fair trial. It shall engage in activities including, but not limited to, disseminating this statement through letters of support to the appropriate officials as necessary and directing our National Director to educate other organizations on this civil rights issues to raise awareness.
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