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The
War Profiteers - War Crimes, Kidnappings & Torture |
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The Blackwater Killings in Baghdad |
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Exhibits - Filed in the Criminal and
Civil Cases involving the Blackwater Killings |
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October 8th, 2009 - “Dear Mr. Thessin: [...]” Letter
by Keith H. Johnson “[…] We represent Donald Wayne Ball, Dustin L. Heard, Evan Shawn
Liberty, Nicholas Abram Slatten, and Paul Alvin Slough, respectively, all of
whom have been named as defendants in the above-captioned lawsuit pending in
North Carolina state court. Each of these five individuals entered into an
‘Independent Contractor Service Agreement’ with Blackwater/Xe, pursuant to
which they performed security services in Iraq under a contract between the
U.S. State Department and Blackwater/Xe (hereinafter, these defendants
collectively will be referred to as the ‘ICs’). We are writing on behalf of
these individuals to formally request certification under the Westfall Act,
28 U.S.C. § 2679. In accordance with the regulations promulgated by the
Attorney General, which set forth the procedures for seeking certification
[…], an attested copy of the complaint and summonses are enclosed with this
letter. […] “[…] Westfall Act certification - which results in removal to federal
court and substitution of the United States as the defendant - is required
when: (1) a statutorily defined ‘employee [] of the government’ is sued, (2)
for allegedly tortious acts undertaken within the scope of employment. […] As
explained in further detail below, both of these factors are satisfied in
this case. […]” September 30th, 2008 - Re: Blackwater Grand Jury
Investigation Letter by David
Schertler September 8th, 2009 - Memorandum Opinion “[…] This matter is before the court on the defendants’ motion for an
evidentiary Kastigar hearing. The defendants have been charged with multiple
manslaughter counts arising out of a shooting that occurred in Baghdad, Iraq
on September 16, 2007. They contend that in the course of this prosecution,
prosecutors have unlawfully utilized statements the defendants made to Department
of State investigators shortly after the shooting, which were compelled under
a threat of job loss. The defendants argue that immunity attaches to these statements
by virtue of Garrity v. New Jersey, 385 U.S. 493 (1967), and that the court
should hold a Kastigar hearing at which the government must prove that it has
not improperly utilized immunized testimony. “As discussed below, the defendants have laid a firm factual and legal
foundation for their contention that immunized testimony was used in the
course of this prosecution. Accordingly, the court grants the defendants'
motion. […]” December 14th, 2007 - “Dear Representative
Price: [...]” Letter
by Gordon England, U.S. Deputy Secretary of Defense “[…] This responds to your letter, dated September 27, 2007,
requesting information regarding the Department’s approach to contractor
accountability under the Uniform Code of Military Justice (UCMJ). […] “[…] When a person’s criminal conduct violates both UCMJ and domestic
criminal law (i.e. MEJA), Rule for Courts-Martial 202 provides that the
determination of whether the Department of Justice (MEJA) or the DoD (UCMJ)
will exercise jurisdiction is for those agencies to decide, not the suspect
or accused. The decision as to which agency will exercise jurisdiction
normally should be made through consultation or prior agreement between
apropriate military and civilian officials. […]” December 7th, 2007 - “Dear Senator Obama,
[...]” Letter
by Gordon England, U.S. Deputy Secretary of Defense “[…] As a private security contractor operating in Iraq, Blackwater is
under contract to the Department of State (DoS). To my knowledge, this
Department has not formally investigated the incidents about which you
inquired. The Department of Defense (DoD), through its command law
enforcement and military criminal investigative organizations, has existing
authority to investigate crimes reported within its battle space and areas of
military operations. When it is determined that the alleged offenders are not
military members, DoD civilian employees, or DoD contractor employees,
responsibility will normally be transferred to the responding civilian law
enforcement and civilian criminal invetigations authorities. Private security
contractors under contract to the DoD, as well as DoD contractors otherwise
authorized to carry weapons, are subject to United States Central Command
(USCENTCOM) and Multi National Force-Iraq (MNF-I) orders and directives
governing the reporting of weapons discharged and incidents in which
individuals are injured or killed as a result of the discharge of the weapon.
[…] “[…] Your letter referenced the recent incident in Iraq involving
Blackwater USA private security contractors under contract with the
Department of State. I am informed that these private security contractors
were not engaged in employment supporting the DoD mission overseas and,
therefore, are not subject to Federal criminal prosecution under the Military
Extraterritorial Jurisdiction Act. Similarly, they were not at the time
serving with or accompanying the armed forces for Article 2(a)(10), UCMJ,
jurisdiction purposes. Private security contractors who serve with or
accompany the armed forces in the field during a contingency operation would
be subject to UCMJ jurisdiction under the amendment to Article 2, UCMJ, but
those who do not meet all the criteria are not subject to UCMJ jurisdiction.
A joint working group established by Secretary Rice and Secretary Gates has
developed a memorandum of agreement between our two Departments regarding
U.S. Government private security contractors in Iraq and has identified this
issue as likely to require additional clarity. […]” December 5th, 2007 - Agreement between the
DoD & the DoS on Private Security Contractors Memorandum
by the U.S. Department of Defense & the U.S. State Department July 31st, 2007 - Amendment of
Solicitation/Modification of Contract Amendment of Work
Contract from Office of Acquisition Management/U.S. Department of State July 11th, 2007 - Contractor Letter of
Authorization/Letter of Identification - Nicholas Slatten Certificate from
the U.S. State Department June 19th, 2007 - Contractor Letter of
Authorization/Letter of Identification - Paul Slough Certificate from
the U.S. State Department June 11th, 2007 - Contractor Letter of
Authorization/Letter of Identification - Donald Ball Certificate from
the U.S. State Department May 18th, 2007 - Contractor Letter of
Authorization/Letter of Identification - Evan Liberty Certificate from
the U.S. State Department March 30th, 2007 - Contractor Letter of
Authorization/Letter of Identification - Dustin Heard Certificate
from the U.S. State Department 2007 - Statement of
Work/Worldwide Personal Protective Services Work Contract
Amendment from the U.S. State Department June 1st, 2006 - Independent Contractor
Service Agreement Service
Contract from Blackwater Security Consulting May 13th, 2004 - Certificate of Incorporation Corporate
Filing by Greystone Ltd. |
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Second Gulf War/Iraq Invasion II |