His civilian lawyer has 40 years of experience trying military cases, so I suspect he isn't as clueless as you folks make him out to be.
1Lt. Watada's claim is the same as in the Hamdan v. Rumsfeld case, where the Supreme Court ruled two weeks ago that the adminstration has violated The Constitution and the War Powers Act.
In the court-martial of Petty Officer Paredes, he was found guilty, but received no jail time and little more than a rap on the knuckles with the military judge saying, "Any seaman recruit has a reasonable cause to believe that the wars in Yugoslavia, Afghanistan and Iraq were illegal."
It should be an interesting case, but the final outcome may not be so cut and dry.