There's been some recent legal activity in the case of Army 1st Lt. Ehren Watada, the Kalani High grad who was the first commissioned officer to publicly refuse deployment to the war in Iraq. Watada said it was illegal and unjust and that he would have been party to war crimes.

Watada was charged with missing his Fort Lewis, Wash., Stryker brigade's deployment, and with conduct unbecoming an officer after he refused to board a flight to the Middle East in June 2006.

U.S. District Judge Benjamin Settle in November 2007 blocked the Army from conducting a second court-martial of Watada after the first one in Army court went awry, saying it was likely such a trial would constitute double jeopardy.

Settle's decision in a Washington state federal court was a preliminary injunction, rather than a permanent injunction, and that left the case — and Watada — in legal limbo.

Here's where it gets even more complicated.

In June, Watada filed a motion in federal court asking that the charges against him be dismissed. That was amended in August with the additional request to bring into consideration the case of United States v. Wilcox, decided in July, in which the Court of Appeals for the Armed Forces addressed free speech and the First Amendment in another military case.

Watada's lawyers asked the federal court to allow him to bring a pretrial motion in the Army court concerning the Wilcox case — a move intended to lead to the dismissal of charges.

But on Sept. 23, Settle, the federal judge, denied Watada's motion.

Settle said Watada "failed to show that dual proceedings (in the two courts) on the same charges would be judicially efficient."

The judge noted that Watada asked the federal court to consider the dismissal of the charges.

"Should he not receive that requested relief, he may present his First Amendment claims to the military trial court," Settle wrote.

Watada faces up to four years in prison on the charges.

The 1996 Kalani High School graduate, stripped of his security clearance, still reports to a meaningless job at Fort Lewis, according to family. "He said he's counting paper clips," said his father, Bob Watada.

"We talk every once in a while. He lets me know that he's OK," said the father, who lives in Oregon.

Bob Watada said that even if the charges are dismissed, he's worried the Army might appeal the case all the way to the U.S. Supreme Court.

"The Defense Department has a lot of money (to pursue legal action)," Bob Watada said.

Many military members opined that Watada violated his oath as an officer, and that he had no right to decide whether the Iraq war was just or unjust.

IN BRIEF

MUSEUM SOCIETY TO HONOR RETIREE

The Hawai'i Army Museum Society will present its annual Ihe Award to retired Army Col. David M. Peters for his "outstanding contributions to the military and civilian communities and continued dedicated service to the people of Hawai'i."

The breakfast and award presentation begins at 7 a.m. Nov. 12 at the Hilton Hawaiian Village.

The Ihe Award has its roots in ancient Hawai'i. The warrior who was honored by service to the chief kept himself in readiness to meet every challenge. One symbol of readiness was the spear, or ihe, which was always at the warrior's side.

This year marks the 11th anniversary of the Ihe Award being presented to Hawai'i citizens who have shown particular support for the Army and the Hawai'i Army Museum.

Peters, 85, was born in Honolulu but also lived on Maui. He went to Kamehameha School for Boys and later, Maui High School. He was the first person from Maui to be appointed to the U.S. Military Academy at West Point in New York.

In the Army, he commanded at all tactical levels, and had two combat commands in Vietnam — a "C" Detachment of Special Forces and subsequently, as a battalion commander with the 4th Infantry Division. His awards include the Silver Star for gallantry in action.

Peters later was named senior assistant to the supreme allied commander of NATO in Belgium. Back in Hawai'i, he was a professor of military science at the University of Hawai'i.

Peters was an executive assistant to U.S. Sen. Daniel K. Inouye, D-Hawai'i, until 1990. In 1978 he became a trustee of the Queen Lili'uokalani Trust, where he served for 29 years, including 10 years as chairman.

The Ihe Award breakfast is open to the public. For reservations and information, call the Hawai'i Army Museum Society at 955-9552 or 941-3900.

LEGISLATORS MAKE GRADE FOR VETERANS

Hawai'i's congressional delegation earned some high marks from Iraq and Afghanistan Veterans of America, a nonprofit, nonpartisan organization.

IAVA said it looked at 22 key votes on veterans' issues in the 110th Congress (nine votes in the Senate, 13 votes in the House).

The organization said the votes covered the entire range of issues facing new veterans, including veterans' healthcare, the new GI Bill, mental health, and support for homeless veterans.

Scores are based on how often legislators took the "pro-veteran" position and voted with IAVA, the organization said. For every vote in line with IAVA and in support of veterans, the lawmaker received one point. Those who voted against the position of IAVA, or those who failed to vote, did not receive a point.

Any senator or representative who signed on to be a co-sponsor of the Post-9/11 GI Bill (Senate bill 22, and House bill 5740) received two additional points.

Following are the results for Hawai'i's delegation. All are Democrats.

Sen. Daniel K. Inouye, A; Sen. Daniel K. Akaka, A+; Rep. Neil Abercrombie, A+; Rep. Mazie Hirono, A+.

Reach William Cole at wcole@honoluluadvertiser.com.