SEATTLE » The Army can't retry a Hawaii-born Iraq war objector on several key charges because that would violate his constitutional protection against double jeopardy, a federal judge ruled late yesterday.

U.S. District Judge Benjamin Settle of Tacoma said the government could not retry 1st Lt. Ehren Watada of Honolulu on charges of missing his unit's deployment to Iraq in June 2006 and for denouncing President Bush and the war.

To do so would violate Watada's Fifth Amendment rights by trying him twice for the same charges, Settle held.

“;He dismissed the heart of their case,”; Watada's lawyer Jim Lobsenz said. “;We're very pleased. It's taken a long time.”;

Watada, 30, a 1996 graduate of Kalani High School, is the first commissioned officer to be court-martialed for refusing to go to Iraq with his Fort Lewis, Wash.-based unit. He contended that the war is illegal and that he would be a party to war crimes if he served in Iraq.

He had faced four years in prison and a dishonorable discharge if convicted of missing movement and two charges of conduct unbecoming an officer for his statements against the war.

“;They ought to let him resign,”; said Honolulu attorney Eric Seitz, who represented Watada in the February 2007 court-martial, which ended in a mistrial. “;They aren't going to win this and they ought to acknowledge that.”;

Watada has worked in a desk job at Fort Lewis while his case was appealed. His term of service in the military was to end December 2006, but the legal proceedings have prevented his discharge.

The judge yesterday kicked back to the military trial court for further consideration two other charges of conduct unbecoming an officer against Watada, opening the door to further court proceedings. Both charges involve public interviews Watada gave to reporters.

Settle said the military court should consider whether there are “;constitutional defects”; to retrying Watada on those charges before a civil court does.

Seitz said yesterday: “;Those charges fall squarely within what the Military Court of Criminal Appeals has determined is protected speech. The high military court ruled this summer in a case involving comments made on the Internet by an active-duty military member. They said that no matter how outrageous the comments are, there was no evidence that they had any effect on the military.”;

Seitz said the prosecution and defense in the court-martial had reached an agreement to dismiss the two charges involving Watada's comments to the media.

“;I don't believe they will be allowed to pursue those charges,”; he said. “;It was their part of the contract to dismiss.”;

Lobsenz had said it was a mistake for a mistrial to be declared in the case. Yesterday, Settle agreed, noting that the trial judge “;did not exercise sound discretion”; when he failed to determine whether a mistrial was appropriate.

In a statement late yesterday, a Fort Lewis spokesman said the base's commanding general, Lt. Gen. Charles Jacoby Jr., had not yet had a chance to review the ruling in depth.

“;Once that review is complete, he will be able to make a decision on the way forward with this case,”; the spokesman said.