updated 2/28/2007 6:01:20 PM ET 2007-02-28T23:01:20

The Army has set a second court-martial for July 16 for an officer who refused to deploy to Iraq and spoke out against the war and the Bush administration.

The first military trial for 1st Lt. Ehren Watada ended in a mistrial Feb. 7, when the judge said he didn’t believe Watada, 28, fully understood a pretrial agreement he’d signed.

On Friday, the Army refiled charges of missing movement and conduct unbecoming an officer. If convicted, Watada could be sentenced to six years in prison and be dishonorably discharged.

Eric Seitz, Watada’s attorney, has said he will seek to have the charges dismissed on the grounds they violate the Constitution’s protection against being tried twice for the same crime.

Prosecutors had no comment Wednesday, a Fort Lewis spokesman said.

Watada has acknowledged making public statements criticizing the war and Bush. He has said deploying to Baghdad last year with the 3rd Brigade, 2nd Infantry Division would have made him guilty of war crimes by participating in an illegal war.

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