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Pentagon Letter Undercuts DOJ in Blackwater Case
WASHINGTON - The Pentagon wrote in 2007 that Blackwater Worldwide contractors in Iraq are not subject to U.S. civilian criminal laws. That position undercuts the Justice Department's effort to prosecute five Blackwater security guards for manslaughter.
Graphic showing the value of US contracts with Blackwater since 2001. Iraq said on Thursday it was banning controversial US security outfit Blackwater from operating in the country over a 2007 Baghdad shooting involving its guards in which 17 civilians were killed. (AFP/Graphic) The letter highlights the uncertainty prosecutors face in bringing charges against contractors involved in a September 2007 shooting that left 17 Iraqis dead in a Baghdad intersection. Iraqis are closely watching how the U.S. responds to the shooting, which inflamed anti-American sentiment abroad.
Defense contractors can be prosecuted in U.S. courts for crimes committed overseas, but because of a legal loophole, contractors for other agencies can only face charges if their work assignments supported the Defense Department.
Blackwater works for the State Department. The largest security contractor in Iraq, the company guards U.S. diplomats. Five of its guards face manslaughter and weapons charges for a shooting that prosecutors say was an unprovoked attack on civilians.
Federal prosecutors in Washington are trying to persuade a judge to hear the case. They say the Defense Department mission and the State Department mission are essentially the same: creating a stable, self-governing Iraq.
When Blackwater guards protected State Department diplomats, prosecutors told a federal judge last week, they were supporting the Defense Department's mission. By protecting diplomats, prosecutors said, Blackwater freed up Pentagon resources.
But in December 2007, the Defense Department disagreed. In a letter to Rep. David Price, D-N.C., Deputy Secretary of Defense Gordon England explained how the military handles allegations against contractors.
"I am informed that the Blackwater USA private security contractors working under a Department of State contract were not engaged in employment in support of the DOD mission," England wrote in the letter, a copy of which was provided by Price's office.
Thus, England wrote, federal prosecutors don't have jurisdiction to charge the Blackwater guards. He was writing in response to a letter from Price, who has long maintained that the loophole in the law should be closed.
Defense Department spokesman Chris Isleib said Monday that the views in the letter remain the view of the Defense Department.
Justice Department spokesman Dean Boyd disagreed.
"The position taken by the Justice Department in the Blackwater prosecution is the position of the U.S. government," Boyd said.
Whether Blackwater is covered by what's known as the Military Extraterritorial Jurisdiction Act remains a matter of some debate. Blackwater founder and chief executive Erik Prince said in an interview with The Associated Press that he believed his security guards were covered and could be prosecuted in criminal courts.
Paul Cox, a spokesman for Price, said the congressman believes the courts should settle the question, regardless of England's letter.
U.S. District Judge Ricardo Urbina will decide whether the case should go forward. The five guards have asked that the case be thrown out.
The State Department said Friday it would not renew Blackwater's contract to protect American diplomats in Iraq when it expires in May. The announcement followed the Iraqi government's decision to deny Blackwater a license to operate.
- Posted in
19 Comments so far
Show AllThe US Banana Republic.
I THINK THE JUDGE WILL SEE THROUGH THE OLD DODGE BY THE PENTAGON.
WE GOT A NEW DOJ NOW.
IT IS EVEN A FALSE TECHNICALITY.
THE STATE DEPT IS NOT ABOVE THE LAW ANY MORE THAN THE PENTAGON OR THE PRESIDENT.
I DON'T THINK THE PENTAGON WILL EVEN USE THAT OLD 07 MEMO AS A DEFENSE BECAUSE THEY KNOW THEY ARE LEAVING IRAQ AND IRAQ WANTS US OUT SOON AND THEY WANT BLACKWATER OUT NOW.
ps sorry for the caps
Can someone write me a letter saying I am not subject to criminal laws? I would greatly appreciate it.
Joe
To Whom It May Concern,
This is to inform you that jclientelle, also known as 'Joe,' is now (February 4, 2009) exempt from prosecution for all criminal offenses - except for rape, pillaging and plundering - as mentioned in the holy book.
All law enforcement officials (especially those from the IRS) are hereby notified that Mr. jclientelle is not to be messed with.
I am also recommending that the President of these United States of America, Mr. Barack H. Obama, consider reserving some of those bailout funds for Mr. jclientelle.
Somewhere in the neighborhood of 2 to 5 million buckos would be appropriate (depending on what my cut would be).
Yours Truly,
Administrative Law Judge Magarulian
Ok. What's the catch? What did you do with Joe's soul?
Thanks, but why did you leave out rape, pillaging and plundering? Blackwater got immunity for those activities, so why not me? Why should I be accountable? Unfair!
Joe
Sioux Rose
Wow! Eric Prince is passing out 007 licenses to kill! Imagine the thrill to think your are immune to the Law of karma. Hey, pretty soon the churches will start selling "Indulgences" all over again. Nothing like that "guarantee" that a seat in heaven is waiting for you, all for the right price, ladies and gentlemen, all for the right price! And indeed EVERY sacred thing for the price of temporal illusory wealth, while the priceless is daily forfeited. This hall of mirrors needs an earnest cleaning that the light of truth penetrate the dense din cover sooner rather than later. For the cosmic hour is already late, indeed.
If civilians can be prosecuted for crimes committed overseas, then Federal contractors can be prosecuted as well - they are all still citizens of the United States and subject to the same laws. As already stated, NO ONE is above the law!!! The sooner we get these criminals who operated without fear under the previous regime under lock and key, the safer the world will be.
As long as there is a Rome, there will be Roman bodyguards.
"The Pentagon wrote in 2007 that Blackwater Worldwide contractors in Iraq are not subject to U.S. civilian criminal laws."
Since when does the Pentagon legislate--create laws? Where is the law passed by Congress allowing the Pentagon to do so?
Here is the Military Extraterritorial Jurisdiction Act. IMO, Prince was correct to say his employees are subject to it. It's likely this Act was instituted because of protests by Okinawans over repeated rapes and other incidents of lawlessness by US Occupation forces stationed there.
Our whole government seems to be infected with homocidal looting liars.
The only way out now is for every American citizen to join the Jains - build nothing, earn nothing, buy nothing and spend nothing - just stop.
I wonder what sound this rotten nation will make when it finally falls and nobody cares?
Grappa
You want Blackwater out of Iraq, remove that protection. That obviously is an issue of legislative perrogatives, which congress can rectify.
It is sick that this question even exists, and shame for anyone asserting this claim.
BIG DEAL! Kicking Blackwater out is not the same as licking out the employees of Blackwater. Why wouldn't they go work for Applied Sciences or Dyn-Corp...same fascist pigs...hang 'em all like Mussolini!!!
To better understand the position of Blackwater, the U.S. military and the kind of "justice" administered by both, we need to go back to a far worse atrocity.
I posted this comment on Jan 30, and I feel the need to re-post it for folks who may have missed it.
Let's go back and recall a few incidents from the early years of the U.S. invasion of Iraq. Back to when Blackwater was first thrust into the limelight.
The killing of four Blackwater mercenaries in Fallujah, Iraq on March 31, 2004, and the major offensives launched against that town of 250,000 people by U.S. military forces is reminiscent of the recent slaughter of Palestinians in Gaza by the Israelis.
The U.S. military TWICE attacked Fallujah - in April and in November of 2004.
April 2004:
"Today the Iraq Body Count (IBC) website has published its analysis of the civilian dealth toll in the April 2004 siege of Falluja. This analysis leads to the conclusion that betweeen 572 and 616 of the approximately 800 reported deaths were of civilians, with over 300 of these being women and children."
November 2004:
"There is hard evidence that white phosphorus was deployed as a weapon against combatants in Falluja. As this column revealed last Tuesday, US infantry officers confessed that they had used it to flush out insurgents. A Pentagon spokesman told the BBC that white phosphorus "was used as an incendiary weapon against enemy combatants."'
Behind the Phosphorus Clouds are War Crimes Within War Crimes - November 22, 2005. See http://www.commondreams.org/views05/1122-31.htm
"People from Saqlawiya village, near Falluja, told al Jazeera television, based in Qatar, that they helped bury 73 bodies of women and children completely charred, all in the same grave.
Yesterday Bill Taylor, responsible for the reconstruction of the Department of State, said that the United States government will spend more than 100 million dollars for the reconstruction of Falluja. The money will be invested in public buildings, private houses, shops, infrastructure. A destruction which could be avoided, if a different solution had been chosen for Falluja, as it was wished by many Iraqis.
And what about all the civilians killed, of which the number is not known and probably never will? Will 100 million dollars be enough to gain back the trust of those who live in Falluja?"
GIULIANA SGRENA, da "il manifesto" - 23 November 2004.
Do you remember what happened to Italian reporter Giuliana Sgrena? She was kidnapped by some fanatical Iraqis.
On the front pages of major Iraqi papers across the land, one headline: "Free Her!" (February 12, 2005). Giuliana was freed because of the popular demand of just about everyone.
To see how she was treated upon her release - see http://www.counterpunch.org/fresia03112005.html
"Cameras aren't allowed in Falluja; neither are journalists. If they were then we would have first-hand proof of America's greatest war crime in the last 30 years; the Dresden-like bombardment of an entire city of 250,000. ...The truth about Falluja is far different than the bogus reports in the AP and (New York) Times. The fact that even now, a full 6 months after the siege, camera crews and journalists are banned from the city, tells us a great deal about the extent of America's war crimes."
April 18, 2005. See http://www.counterpunch.org/whitney04182005.html
The preceding were examples of the American Empire protecting one of its its own - Blackwater. Frustrated Iraqis made examples out of four Blackwater mercenaries, and the Empire unleashed a living hell on the whole town of Fallujah.
Pan
To all the Seer`s
Beware
And then the Roman bodyguards grew powerful and sold their loyalty and services to the highest bidders then abandoned the Republic( turned on the state it was to protect) and auctioned off the crown of Caesar.
Loyalty to self and silver.
As in Orwells Animal Farm ,the missing pups grew to be the enforcers of the new masters [the PIGS]
Justice and Liberty for ALL
peacekeepertwo I think I am Sorry I voted for President Obama. We still have the same management at the Defense Dept. Until we get people from outside Washington running our government nothing will Change.
The Pentagon says B'water mercs are above US law? OK, turn them over to the Iraqis for prosecution.
Instead of the US prosecuting contractors who commit crimes overseas, we should round them up and hand them over to the host country for prosecution in their system, and if convicted, the contractors must serve in the host country's penal system. I think many people in other countries, especially those that live near "our" military bases, think that US citizens are beyond the law for any and all crimes, including rape, child molestation and murder. Google for these, especially concerning foreign serving military.