The stage is set for Honolulu-born Army 1st Lt. Ehren Watada to be judged on his challenge to the legality of the war in Iraq.

Fort Lewis, Wash., commander Lt. Gen. James Dubik recommended yesterday that the Army proceed with a general court-martial against Watada for refusing to deploy to Iraq in June.

"This just reinforces my honest belief that from the very beginning my actions were right, according to conscience, and most importantly, by duty to the American people," Watada told reporters in Honolulu yesterday from Fort Lewis during a telephone news conference organized by his attorney, Eric Seitz.

"I feel the referral of the charges was not unexpected," Watada said, adding, "and at this time, I'm moving forward as I always have with resilience and fortitude to face the challenges ahead."

Watada, 28, said he is encouraged by the national support he has received and pointed to Tuesday's election results as a sign of the times.

"I think as the recent elections show more and more Americans are opening their eyes, but we aren't there yet," he said. "It is my hope that actions such as my own continue to call for the truth behind the fundamental illegality and immorality of those who perpetrated this war."

Watada and his attorney had been in negotiations with the Army since an Article 32 hearing on Aug. 17 to avert a trial, but talks broke down earlier this week, leading to Dubik's recommendation for general court-martial proceedings.

Seitz said Watada was willing to accept dismissal from the service and four months' incarceration, but the Army held firm on one-year confinement.

Watada will be tried early next year for missing troop movement, conduct unbecoming an officer and contempt toward officials for comments he made concerning the Bush administration's reasons for going to war in Iraq.

If convicted of all charges, he could be sentenced to six years confinement and be dismissed from the service.

Since being charged June 22 for refusing to deploy with his Fort Lewis Stryker unit, the 3rd Brigade, 2nd Infantry Division, Watada has been assigned to administrative duties and prohibited from traveling beyond a 250-mile radius of his base.

When asked what he expects to gain, Watada said: "The first thing we need to have again is accountability in government, and that's the thing I spoke to from the very beginning. ... Now that you see a change in the balance of power in our government, we will again have those checks and balances that I feared were lost.

"The reason I spoke out, I saw that what was being done in terms of this war was so illegal and so immoral, and not being checked. It was a danger to our troops and a danger to our country. So, I think what needs to be done is some kind of accountability in Washington (D.C.) and also investigations into how this war was started in the first place."

Seitz, who claims involvement in more than 500 court-martial trials, said the trial will have two parts: a findings phase and then a punishment phase.

"He's going to get convicted of missing movement, there's nothing much we can do about that," Seitz said. "The down side for us would be if the judge says we cannot defend on the grounds of the illegality of the war — that we cannot put on evidence of what his motivation or reasons were for the statements he made."

The prosecution, he said, will have problems of its own, starting with an expected effort to subpoena news reporters, who Seitz said will likely not volunteer to testify. Seitz said Army Col. Debra L. Boudreau is expected to serve as the judge.

Reach Rod Ohira at rohira@honoluluadvertiser.com.