SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Blackwater changed its name to Xe Services in March, saying its brand had been tarnished by its work in Iraq. What some people call 'work' others tend to call 'indiscriminate killing of unarmed civilians'.(EPA)
The security company formerly known as Blackwater has told a US
federal judge that the US government, and not the company itself, should
be held accountable for a 2007 shooting by its contractors that killed
17 Iraqis in Nisour Square in Baghdad.
Lawyers for the company, now known as Xe Services, argued in court on
Thursday that Blackwater contractors were essentially acting as
employees of the US government because they were providing security to
State Department personnel.
The North Carolina-based company and several of its contractors are
seeking the dismissal of a lawsuit that was filed on behalf of three
people killed in the shooting: Ali Kinani, Abrahem Abed Al Mafraje and
Mahde Sahab Naser Shamake. The lawsuit accuses the parties of wrongful
death and negligence, and seeks punitive damages.
But attorney Andrew Pincus argued the sensitive nature of providing
security in a war zone required the kind of oversight the government
normally reserves for its own employees, as opposed to the duties
performed by other types of contractors.
'Not food service'
"This isn't food service, where we can sort of leave it to the chefs," he said.
Lawyers for both the plaintiffs and the government disputed the
contractors' argument, saying the practical effect of transferring the
focus of the lawsuit to the federal government would be its dismissal.
The federal government is exempt from such lawsuits.
Judge Terrence W. Boyle did not immediately rule on the motions in
the case, but said the most important issue seems to be whether the
government is ultimately responsible for the actions of its contractors.
"If the government can cut the cord and let that drift off into
space, that's one world," he said. "But it's a different world if the
government has to be held accountable."
In separate motions, lawyers for Blackwater and the contractors
argued they cannot be sued by foreigners for something that happened in a
foreign country governed by foreign law. They also argue that Iraqi law
prohibits such lawsuits.
Prosecutors say the contractors unleashed an unprovoked attack on civilians using machine guns and grenades.
The five men were initially charged with manslaughter for their role
in the 2007 Nisoor Square shooting, which strained relations between
Baghdad and Washington.
A year ago, however, a federal judge dismissed those charges, citing missteps by the government.
A sixth contractor, Jeremy Ridgeway, pleaded guilty in the criminal case.
He filed a separate defense in the civil lawsuit, arguing that the
federal court in North Carolina has no jurisdiction to hear the case.
Blackwater changed its name to Xe Services in March, saying its brand
had been tarnished by its work in Iraq. The company settled a separate
series of federal lawsuits earlier this year connected to the Nisour
Square shooting and other controversial incidents in Iraq.
Change in ownership
In addition to the change in name, Xe Services has also sought to distance itself from its controversial founder, Erik Prince.
The former Navy Seal resigned from his post as the company's CEO in March 2009, but stayed on as chairman.
The controversy over allegations of murder and bribery have continued, and the company has been looking for new ownership.
In 2009, Blackwater was barred from Iraq for "excessive force". US government documents released by the whistle-blowing website WikiLeaks in October revealed another 14 incidents, in addition to the Nisour Square shooting, in which Blackwater shot at civilians in Iraq.
Despite its record, a front company for Xe was awarded another lucrative contract by the US government in recent months.
Dear Common Dreams reader, The U.S. is on a fast track to authoritarianism like nothing I've ever seen. Meanwhile, corporate news outlets are utterly capitulating to Trump, twisting their coverage to avoid drawing his ire while lining up to stuff cash in his pockets. That's why I believe that Common Dreams is doing the best and most consequential reporting that we've ever done. Our small but mighty team is a progressive reporting powerhouse, covering the news every day that the corporate media never will. Our mission has always been simple: To inform. To inspire. And to ignite change for the common good. Now here's the key piece that I want all our readers to understand: None of this would be possible without your financial support. That's not just some fundraising cliche. It's the absolute and literal truth. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. Will you donate now to help power the nonprofit, independent reporting of Common Dreams? Thank you for being a vital member of our community. Together, we can keep independent journalism alive when it’s needed most. - Craig Brown, Co-founder |
The security company formerly known as Blackwater has told a US
federal judge that the US government, and not the company itself, should
be held accountable for a 2007 shooting by its contractors that killed
17 Iraqis in Nisour Square in Baghdad.
Lawyers for the company, now known as Xe Services, argued in court on
Thursday that Blackwater contractors were essentially acting as
employees of the US government because they were providing security to
State Department personnel.
The North Carolina-based company and several of its contractors are
seeking the dismissal of a lawsuit that was filed on behalf of three
people killed in the shooting: Ali Kinani, Abrahem Abed Al Mafraje and
Mahde Sahab Naser Shamake. The lawsuit accuses the parties of wrongful
death and negligence, and seeks punitive damages.
But attorney Andrew Pincus argued the sensitive nature of providing
security in a war zone required the kind of oversight the government
normally reserves for its own employees, as opposed to the duties
performed by other types of contractors.
'Not food service'
"This isn't food service, where we can sort of leave it to the chefs," he said.
Lawyers for both the plaintiffs and the government disputed the
contractors' argument, saying the practical effect of transferring the
focus of the lawsuit to the federal government would be its dismissal.
The federal government is exempt from such lawsuits.
Judge Terrence W. Boyle did not immediately rule on the motions in
the case, but said the most important issue seems to be whether the
government is ultimately responsible for the actions of its contractors.
"If the government can cut the cord and let that drift off into
space, that's one world," he said. "But it's a different world if the
government has to be held accountable."
In separate motions, lawyers for Blackwater and the contractors
argued they cannot be sued by foreigners for something that happened in a
foreign country governed by foreign law. They also argue that Iraqi law
prohibits such lawsuits.
Prosecutors say the contractors unleashed an unprovoked attack on civilians using machine guns and grenades.
The five men were initially charged with manslaughter for their role
in the 2007 Nisoor Square shooting, which strained relations between
Baghdad and Washington.
A year ago, however, a federal judge dismissed those charges, citing missteps by the government.
A sixth contractor, Jeremy Ridgeway, pleaded guilty in the criminal case.
He filed a separate defense in the civil lawsuit, arguing that the
federal court in North Carolina has no jurisdiction to hear the case.
Blackwater changed its name to Xe Services in March, saying its brand
had been tarnished by its work in Iraq. The company settled a separate
series of federal lawsuits earlier this year connected to the Nisour
Square shooting and other controversial incidents in Iraq.
Change in ownership
In addition to the change in name, Xe Services has also sought to distance itself from its controversial founder, Erik Prince.
The former Navy Seal resigned from his post as the company's CEO in March 2009, but stayed on as chairman.
The controversy over allegations of murder and bribery have continued, and the company has been looking for new ownership.
In 2009, Blackwater was barred from Iraq for "excessive force". US government documents released by the whistle-blowing website WikiLeaks in October revealed another 14 incidents, in addition to the Nisour Square shooting, in which Blackwater shot at civilians in Iraq.
Despite its record, a front company for Xe was awarded another lucrative contract by the US government in recent months.
The security company formerly known as Blackwater has told a US
federal judge that the US government, and not the company itself, should
be held accountable for a 2007 shooting by its contractors that killed
17 Iraqis in Nisour Square in Baghdad.
Lawyers for the company, now known as Xe Services, argued in court on
Thursday that Blackwater contractors were essentially acting as
employees of the US government because they were providing security to
State Department personnel.
The North Carolina-based company and several of its contractors are
seeking the dismissal of a lawsuit that was filed on behalf of three
people killed in the shooting: Ali Kinani, Abrahem Abed Al Mafraje and
Mahde Sahab Naser Shamake. The lawsuit accuses the parties of wrongful
death and negligence, and seeks punitive damages.
But attorney Andrew Pincus argued the sensitive nature of providing
security in a war zone required the kind of oversight the government
normally reserves for its own employees, as opposed to the duties
performed by other types of contractors.
'Not food service'
"This isn't food service, where we can sort of leave it to the chefs," he said.
Lawyers for both the plaintiffs and the government disputed the
contractors' argument, saying the practical effect of transferring the
focus of the lawsuit to the federal government would be its dismissal.
The federal government is exempt from such lawsuits.
Judge Terrence W. Boyle did not immediately rule on the motions in
the case, but said the most important issue seems to be whether the
government is ultimately responsible for the actions of its contractors.
"If the government can cut the cord and let that drift off into
space, that's one world," he said. "But it's a different world if the
government has to be held accountable."
In separate motions, lawyers for Blackwater and the contractors
argued they cannot be sued by foreigners for something that happened in a
foreign country governed by foreign law. They also argue that Iraqi law
prohibits such lawsuits.
Prosecutors say the contractors unleashed an unprovoked attack on civilians using machine guns and grenades.
The five men were initially charged with manslaughter for their role
in the 2007 Nisoor Square shooting, which strained relations between
Baghdad and Washington.
A year ago, however, a federal judge dismissed those charges, citing missteps by the government.
A sixth contractor, Jeremy Ridgeway, pleaded guilty in the criminal case.
He filed a separate defense in the civil lawsuit, arguing that the
federal court in North Carolina has no jurisdiction to hear the case.
Blackwater changed its name to Xe Services in March, saying its brand
had been tarnished by its work in Iraq. The company settled a separate
series of federal lawsuits earlier this year connected to the Nisour
Square shooting and other controversial incidents in Iraq.
Change in ownership
In addition to the change in name, Xe Services has also sought to distance itself from its controversial founder, Erik Prince.
The former Navy Seal resigned from his post as the company's CEO in March 2009, but stayed on as chairman.
The controversy over allegations of murder and bribery have continued, and the company has been looking for new ownership.
In 2009, Blackwater was barred from Iraq for "excessive force". US government documents released by the whistle-blowing website WikiLeaks in October revealed another 14 incidents, in addition to the Nisour Square shooting, in which Blackwater shot at civilians in Iraq.
Despite its record, a front company for Xe was awarded another lucrative contract by the US government in recent months.