HONOLULU -- A military judge struck a major blow to Lt. Ehren Watada's defense of his court-martial for refusing to deploy to Iraq.

"We are very disappointed," Watada's father, Bob, said.

Bob Watada had hoped the ruling would go in his son's favor since the judge had taken some time to make his decision.

However, the ruling apparently went against the army soldier on two points: using the war's legality as a defense, and free speech protection when Watada criticized the war.

Watada's family said the military is taking a position to make an example of his case.

"They don't like what he is saying, so they are going to punish him," Bob Watada said.

Watada is charged with conduct unbecoming an officer, contempt and missing movement.

He was in Honolulu last month speaking before a crowd at the Church of the Crossroads. While he received a standing ovation there, there are many who disagree with his position.

The Watadas have continued to ask people to support their son.

"He is after all taking this stand to support the Constitution of the United States. That's the oath he took and that's the oath he is trying to uphold," Watada attorney Eric Seitz said.

Watada's court martial is set for Feb. 5. It is expected that the trial and sentencing will be swift.

The Watada family said they are planning to help their son pack in the event he is sent to prison. He could be sentenced to six years in a military prison and a dishonorable discharge.