Army Delays Testimony of Former Indybay Volunteer in Watada Court Martial

Army delays testimony of journalist in Iraq case,
Media coverage and opposition grows

January 2, 2007 - Shortly following her appearance today on a nationally-syndicated TV program, journalist Sarah Olson received word that the U.S. Army was backing off of its demand that she testify at the January 4 pre-trial hearing in the court-martial of Lt. Ehren Watada. The Army subpoenaed Olson in December to testify about her interview with Watada, the first commissioned officer to refuse his orders to deploy to Iraq and the first military officer charged with public dissent since 1965.

Olson remains under subpoena to testify at the full court-martial scheduled for early February, and journalist Dahr Jamail remains on the prosecution's witness list for the case. Media coverage of the precedent-setting case is growing, as is the list of regional and national civil liberties and journalists' organizations that have condemned the Army’s action as a threat to press freedom and free speech.

"We call on the Army to fully quash this subpoena and on the federal government to put an end to the growing trend of attempting to compel journalists to be used as part of the law-enforcement process. If carried out, this subpoena will set a precedent that threatens the ability of all journalists to gain much-needed trust from sources to accomplish their reporting. Our society's well-being rests on the independence of the press from government and corporate interests," said Jeff Perlstein, Executive Director of Media Alliance, a thirty-year old organization of media workers in the San Francisco Bay Area that promotes press freedom.

Lt. Watada faces one charge of missing troop movement and four counts of conduct unbecoming an officer. Each of the later four charges relates to Lt. Watada’s public explanations of his refusal to deploy to Iraq. If convicted of all charges, Lt. Watada faces six years in prison, four of which would be for speaking to the press.

Independent journalist Sarah Olson interviewed Lt. Watada last May. The Army says statements Watada made during Olson’s interview constitute one charge of conduct unbecoming an officer, and wants Olson to verify those statements in a military court. Olson says: “It’s my job to report the news, not to participate in a government prosecution. Testifying against my source would turn the press into an investigative tool of the government and chill dissenting voices in the United States.”

Independent journalist Dahr Jamail reported on Lt. Watada’s address to the Veterans for Peace convention last August. The Army says it wants him to authenticate his reporting of the event. Jamail says: “I don’t believe that reporters should be put in the position of having to participate in a prosecution. This is particularly poignant in this case, where journalists would be used to build a case against free speech for military personnel.”

The journalists say once the press is seen as the eyes and ears of the government, dissenting voices are less likely to express themselves publicly. A free and open exchange of ideas is the life-blood of democracy, and it is in the public interest to have a free debate on disparate views of current political issues.