The Mongoose Trick

Having been to some degree in the same shoes as Lt. Watada - that in 1962 - I may have some insight. 
 
First, and while anything is possible in our courts (especially military), most lawyers will agree that trying Watad later will not constitute double jeopardy. A little legal research will reveal several cases almost identical to this one in that regard. 
 
On the other hand, it is possible - even probable - that the government may not proceed. This case would go to appeal, maybe the Supreme Court, and it is very dangerous for the government. The legality of the Iraq War is very questionable on several legal grounds - for instance the constutionality of the War Powers Resoltution - and the court would have to do what it dreaded doing during the Vietnam War, namely hear and decide legality. 
 
This will be very interesting, whatever happens. The Supreme Court, no matter the pretense, is a political body (check Roe v. Wade), and makes decisions on \"public policy\" bases. Make enough noise, in other words, \"move\" the court from outside the rules adjective procedure. 
 
Make enough noise.