The War Profiteers - War Crimes, Kidnappings & Torture

 

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Killing of Iraqi Civilians Index

The Blackwater Killings Main Index

 

 

The Blackwater Killings in Baghdad

 

Exhibits - Filed in the Criminal and Civil Cases involving the Blackwater Killings

 

 

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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