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December 7th, 2007 - Report: Blackwater Inquiry Falls on Three Guards

News article by the Associated Press

News article by the Los Angeles Times

Summary of the Blackwater Killings

Report: Blackwater Inquiry Falls on Three Guards

 

By Matt Apuzzo & Lara Jakes Jordan

Associated Press

December 7, 2007

 

Washington - Federal prosecutors investigating the shooting deaths of 17 Iraqi civilians have narrowed their focus on as few as three Blackwater Worldwide bodyguards and have given others immunity for cooperating in the case, the Associated Press has learned.

 

New information about the deadly Sept. 16 incident, which has strained relations between the United States and Iraq, reflects progress by the government to prosecute Blackwater guards for the shooting in Baghdad's Nisoor Square.

 

A final decision on whether to prosecute the guards - and how many - still might be months away. But two weeks into a federal grand jury investigation, people close to the case told AP that authorities have focused the number who could face charges to about three of the dozen or more guards on the security detail.

 

Despite the progress, the people who discussed the case noted concerns about testimony given by the four Blackwater guards who have so far appeared in front of the secret panel. Details were discussed on condition of anonymity because of the sensitive nature of the information.

 

The concerns stem, in part at least, from the fact that one defense attorney and law firm represent as many as 10 guards, raising worries that their stories could be coordinated.

 

Conflicts arise when lawyers represent clients whose interests might differ, said Mark H. Tuohey, a former prosecutor who now represents companies in white-collar investigations. When one client implicates another or when one client gets immunity and another doesn't, Tuohey said, the issue gets murky.

 

And then, Tuohey said, there's the collaboration issue: "Are you getting people's stories together?"

 

"That's an integrity issue and certainly lawyers, former prosecutors, people who do this kind of work are sensitive to that," he said. "This issue doesn't rise and fall on perception. It rises and falls on whether there's real conflict or potential for a problem."

 

So far, defense attorney James Sweeney, a patent lawyer from the Indianapolis law firm Barnes and Thornburg, has accompanied two guards to the closed-door grand jury hearings - even though he has never handled criminal cases in federal court.

 

Sweeney, a Marine pilot who helped lead the first Gulf War combat missions, has experience in military courts. Sweeney assisted in the 1999 court martial of a Marine whose jet clipped a gondola cable in Italy, killing 20 people. He said there is nothing improper about his firm's representation of multiple Blackwater guards.

 

"Clearly we wouldn't be doing it if there was a problem, both from our standpoint and the standpoint of the court," Sweeney said in an interview today. "The flip side is, if you had separate lawyers, would they do anything we aren't?"

 

Blackwater spokeswoman Anne Tyrrell said the company was paying Sweeney and white-collar crime defense attorney Larry Mackey to represent at least some of the guards. Mackey, another partner at the Indianapolis firm, is a former federal prosecutor who helped lead the government's case against Timothy McVeigh in the Oklahoma City bombing.

 

In an e-mailed response to questions today, Tyrrell said companies often cover legal expenses for employees whose jobs put them in situations that result in needing a lawyer.

 

"We agreed to make B&T lawyers available to those who desired to exercise their right to have access to counsel in connection with this investigation," Tyrrell said. "Blackwater asked James Sweeney and Larry Mackey to go to Baghdad to meet with the individuals in question so they could determine whether they were comfortable retaining them as their lawyers. A number of them were."

 

Tyrrell would not say how many of the guards the two lawyers are representing, nor how the Indianapolis firm was selected other than to note its "combined experience."

 

External link: http://www.chron.com/disp/story.mpl/world/5361392.html


State Dept. official resigns

Inspector General Howard J. Krongard, whose brother was revealed to have Blackwater ties, writes that he is worried about the ‘rancor and distrust’ in the country.

 

By Paul Richter

Los Angeles Times

December 7, 2007

 

Washington - State Department Inspector General Howard J. Krongard, who has been accused of improperly interfering with investigations into private security contractor Blackwater USA and with other probes, resigned today.

 

In a brief public statement, the longtime corporate lawyer pointed to his recent battles with congressional Democrats and said they explained the reason for his departure.

 

"I have nothing further to say at this time," wrote Krongard, whose job made him the department's chief internal watchdog.

 

In a separate resignation letter to President Bush, he said that he was troubled by "inherent structural and conceptual defects" in the inspector general's job. He also expressed concern about the "grave threat to public service posed by current rancor and distrust" between political parties, the government, the media and interest groups.

 

Krongard, 66, has been accused by current and former members of his staff and by congressional Democrats of thwarting investigations of waste and fraud in Iraq. Among those are allegations of arms smuggling by Blackwater, the North Carolina-based security contractor that protects U.S. diplomats in Iraq and has been criticized for using excessive force against Iraqi civilians.

 

Rep. Henry A. Waxman, (D-Beverly Hills), chairman of the House Oversight and Government Reform Committee, has charged that Krongard interfered to shield the administration from embarrassment on politically sensitive issues.

 

Last month, Krongard recused himself from investigations regarding Blackwater after it was revealed in a dramatic appearance at a House committee hearing that Krongard's brother was on a Blackwater advisory board.

 

Krongard had denied that his brother, Alvin B. Krongard, a former No. 3 official at the CIA, was connected to Blackwater until he was confronted at the hearing with paperwork indicating that his brother served on the board.

 

Krongard had also withdrawn from an inquiry into the construction of the huge new U.S. embassy complex in Baghdad. And he battled accusations from subordinates of abusive treatment.

 

Gonzalo Gallegos, a spokesman for the State Department, said: "We thank him for his dedication to public service and wish him well in the future."

 

Krongard grew up in a family of modest means in Baltimore and moved from one success to another in life. He was an All-American lacrosse goalie at Princeton, also studied at Harvard and Cambridge, and distinguished himself as a lawyer.

 

But his two years as a federal agency watchdog have proved different.

 

His confrontations with Congress brought out unflattering information about his family relations, including that he once sued his daughter and son-in-law over a home loan.

 

As Krongard's chief congressional critic, Waxman welcomed the resignation.

 

"Mr. Krongard's decision removes an enormous distraction from the inspector general's office and will allow the office to focus on its important oversight responsibilities," Waxman said in a statement. "The committee will certainly take this new development into account."

 

Krongard's departure is the second at the State Department linked to Blackwater. Last month, Richard J. Griffin, the assistant secretary of State for diplomatic security who made key decisions regarding the department's oversight of Blackwater, submitted his resignation.

 

External link: http://www.latimes.com/news/nationworld/nation/la-na-krongard8dec08,0,2205571.story

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