The question is whether the judge properly granted a mistrial. If the judge was wrong in declaring a mistrial, then jeopardy attached and double jeopardy applies. I assume that Seitz will bring a motion on this point and then take it up on appeal. However, I have no reason to believe that the military courts would ever rule in favor of Lt. Watada on this, or on any other meaningful issue.. Good luck to Lt. Watada and to his legal team.