January 16, 2008

More on the mercenary usage clusterfuck: TPM Muckraker

DoJ tells Congress: Prosecuting Blackwater for Nisour Square Shootings Will Be Mighty Difficult

No surprise here:

Justice Department officials have told Congress that they face serious legal difficulties in pursuing criminal prosecutions of Blackwater security guards involved in a September shooting that left at least 17 Iraqis dead.

In a private briefing in mid-December, officials from the Justice and State Departments met with aides to the House Judiciary Committee and other Congressional staff members and warned them that there were major legal obstacles that might prevent any prosecution....

The officials from the Justice and State Departments “didn’t say they weren’t going to prosecute,” said one Congressional aide who attended the briefing. “They said there would be a lot of difficulties.”

To review: it's debatable whether Blackwater can even be prosecuted because they don't seem to be covered by any law. Beyond that, the State Department provided the Blackwater guards involved in the incident with limited immunity in order to get their version of events, thus further compromising the investigation. And don't forget that Blackwater quickly mended the trucks involved in the incident, destroying key evidence as to whether the guards were actually under attack when they opened fire (Blackwater says that State gave them the green light to do that).

So those are the difficulties. The DoJ did launch a grand jury investigation after the FBI determined that the guards had indeed opened fire without provocation. But don't hold your breath.

Comments (12)

jc wrote:

This is just more bullshit spin from Bush. They could easily be tried under war crimes statutes.

No matter how much Bush & Cheney hate it, those Geneva Conventions do apply.

UnkleBry:

We keep hearing how "the State Department" did this or that. No, State Department employees did this or that. Congress should demand the names of each individual involved and demand prosecution of them. They are subject to U.S. law. Lower levels would quickly turn on upper levels and we'd see how high up the coverup goes.

In addition, Congress should refuse to pay Blackwater's bills and cancel all existing contracts. Let them fight it out in court, with depositions under oath etc.
But of course Congress will do nothing.

Billy Pilgrim:

Thank you jc for that reminder. Although murder for sport by Blackwater is protected under Bush administration policy, the rest of the world may not agree Blackwater has the right to randomly slaughter civilians.

Billy Pilgrim:

Why is the being considered as a purely internal matter? Why isn't this case being brought before an international court where it more appropriately belongs?

nofltwlt:

So what? They deserve to be prosecuted. The negative publicity will do the GOP well - for Americans.

marc:

There is a simple and elegant solution to DOJ's problem. Wave immunity and turn Blackwater's employees over to the Iraqis. If this were a real possibility the speed in which Blackwaters shooters would start a circular firing squad to pass blame would be astounding. Also if DOJ really does have no bases for prosecution, under any jurisdiction, than it would be only the right thing to do for the sake of justice and the rule of law. Of course we are not really serious about freedom and democracy in Iraq. It's the oil stupid!

steambomb:

No matter how much Bush & Cheney hate it, those Geneva Conventions do apply.

No matter how much Bush & Cheney hate it, those Geneva Conventions do apply.

JC, That statement cannot be voiced enough. Are we part of the world community or not. Globalist sure seem to think so when it suits their economic needs. Seems a pity to have a double standard when it comes to murder and war crimes.

JMOHR:

I am waiting for the trolls to start on how horrible it is that we should condemn these wonderfull Americans prior to their trial and the finding of theri guilt beyond a reasonable doubt.

We need to press for action against this contractor. A criminal prosecution may be an appropriate remedy. However, it is unlikely. Disbarment from federal contracts and other contractual remedies are not out of the question. Indeed, the destruction of evidence, claims of sexual harassment and fraudulent billing practices would easily support the disbarrment of this contractor.

hope4usa:

Fine can't prosecute them....eliminate them as a contractor of any kind from Federally funded programs. They'll go out of business.

Persona non grata:

Blackwater security guards

You mean mercenaries.

Geneva Not Applicable?:

Link "Geneva Not Applicable" discusses at length a legal theory to prosecute Blackwater under the principle of "higher duty" or "clear and present responsibility" under Geneva. If the US will not enforce Geneva, then Blackwater employees should have known they were acting outside Geneva, not complying with the laws of war, and all information they gave could not enjoy any protections of that legal system they were not fully operating.

If the US will not enforce Geneva against Blackwater -- regardless the holes in US law -- then the US is sending a mixed signal: Those operating outside the law during interrogations can use evidence to prosecute; while those acting outside the law during combat can be immune from prosecution. This appears to tell the world: The US is not fully enforcing Geneva; and those acting outside the protections recognized at Nuremberg are impermissibly relying on legal principles they openly defy.

The solution may be for the US to decline prosecution because the US is not willing to fully enforce Geneva; but turn the Blackwater contractors over to the ICC. MCA would provide full legal costs to Blackwater, regardless the trial verdict.

Mary

Well, under the Mr. B's CPA Order, isn't all that is needed is for the US to defer back to Iraq? I think that is spelled out in the Order, that it is not an order that confers benefit directly on the contractors and the sponsoring country can waive their rights and allow Iraq to have jurisdiction.

If the contractors have returned to the US, then in addition to deferring to Iraq, we can extradite the individuals back.

See - problem solved. If Iraq's Ministry of Justice is looking for interrogation guidelines, apparently the Bybee Memo translates well.

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