The World Peace Through Law Section of the Washington State Bar Association’s meeting on Tuesday, April 26, noon – 1 p.m. features Kenneth S. Kagan, of the Seattle firm Carney Badley Spellman, discussing his experiences in successfully defending Lt. Ehren Watada from court-martial proceedings for his refusal to deploy during the Iraq War.
Lt. Watada’s refusal to deploy garnered national attention and was based upon his claim that the Iraq War itself was illegal, violating international law. Mr. Kagan will discuss both the substantive legal issues involved and his practice experiences with this notable case.
First Lieutenant Ehren K. Watada was the first commissioned officer in the US armed forces to refuse to deploy to Iraq, in June, 2006, saying he believed the war to be illegal and that, under the doctrine of command responsibility, it would make him party to war crimes. He was brought before a court-martial in 2007 which ended in a mistrial, and was discharged in 2009.
Mr. Kagan has extensive trial and appellate practice experience in both the public and private sectors and in state and federal trial and appellate courts, as well as before state administrative agencies. He has been responsible for a number of published appellate court decisions, including the decision of the Washington State Supreme Court, Seattle v. Mesiani, wherein the Court ruled that DUI roadblocks are unconstitutional. In 1994 and 1995, he served as Disciplinary Counsel to the Washington State Bar Association. Since then, Mr. Kagan has developed expertise in additional practice areas, including legal ethics, professional licensing and discipline (representing, among others, doctors, lawyers, psychologists, therapists and counselors), and complex civil litigation, including medical malpractice and wrongful death.
Where: Foster Pepper, PLLC, 1111 Third Ave., Third Floor Conference Room, Seattle, WA
CLE Credit: Approved for 1 general CLE credit.
Cost: Free for Section members and law students; $25 for others.
Thanks to the Foster Pepper firm and WPTL member Kelly Angell for the generous offer of this space.
Register now: http://tinyurl.com/42bnc2o or contact the WSBA at 800-945-WSBA or 206-443-WSBA. We hope to see you there!
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“Any person subject to this chapter who ... willfully disobeys a lawful command of his superior commissioned officer shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct”
---10 USC 47 s890 – Uniform Code of Military Justice Article 90 - Willfully Disobeying Superior Commissioned Officer.
“All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”
-Article 2, United Nations Charter, ratified 1945.
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