|
The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
|
May 16th,
2008 - Probe of Iraq Shooting by Contractor Moves Forward |
|
Probe of Iraq Shooting
by Contractor Moves Forward By Gene Johnson Associated Press May 16, 2008 Seattle - A Justice
Department team has traveled to Iraq to investigate the fatal shooting of an
Iraqi guard by a security contractor, hastening the resolution of questions
about whether U.S. attorneys can prosecute him, an official said Thursday. The contractor, Andrew
Moonen of Seattle, was fired by Blackwater USA but never prosecuted and
eventually given an overseas job by another contractor. The shooting outraged
Iraqis, who questioned how an American could go free under such
circumstances. The team sent to Iraq
included two federal prosecutors, a Seattle FBI agent and a prosecutor from
Justice's domestic security section in Washington, D.C., U.S. Attorney Jeff
Sullivan in Seattle told The Associated Press. They were scheduled to leave
Baghdad on Friday after spending a week in Iraq, Sullivan said. The trip followed a long
analysis of whether U.S. prosecutors can bring charges if there is evidence
of a crime. It also involved months of logistical planning and represents a
significant step in determining whether Moonen will be charged. Sullivan said he expects to
make a decision by summer's end. "I believe at this
point we have jurisdiction, but if we charge this case, that will be one of
the issues that has to be litigated," Sullivan said. "I think they were able
to interview most of the witnesses they needed to talk to, and that should
put me in a position to make a knowledgeable decision," the prosecutor
said. The case, like the shooting
deaths of 17 Iraqi civilians by Blackwater guards last September, highlights
the murky issue of whether security contractors can be held liable for actions
in the war zone. By U.S. order, the
contractors are immune from Iraqi law. But the U.S. Military Extraterritorial
Jurisdiction Act of 2000 provides that any member of the military, Department
of Defense worker or contractor, or anyone "supporting the mission of
the Department of Defense overseas," can be prosecuted in the U.S. for
crimes committed abroad. Blackwater has a State
Department contract to provide security for diplomats; prosecutors could
argue that constitutes support of the Defense Department's mission. Moonen's lawyer, Stewart
Riley, declined to comment except to say that he was aware the Justice
Department team was traveling to Iraq and that he hoped to meet with
prosecutors soon. His client is not giving interviews, he said. Moonen, 27, was wandering
drunk around Baghdad's Green Zone after a party on Christmas Eve 2006 when he
fatally shot a 32-year-old guard to Iraqi Vice President Adil Abd-al-Mahdi,
according to a congressional report on the case. He reported the shooting at
a nearby post for another contractor, Triple Canopy, saying he had been in a
gunfight with Iraqis. Blackwater arranged to have
the State Department fly him back to the United States, fired him and fined
him, and paid the slain guard's family $15,000. Two months later, Moonen got
a job in Kuwait with Defense Department contractor Combat Support Associates.
Because Blackwater and State Department officials had kept the shooting
quiet, Combat Support said, it was unaware of Moonen's history when it hired
him. He stopped working for that contractor in August 2007. Blackwater spokeswoman Anne
Tyrrell said the company is cooperating with the investigation. "If it is determined
that he acted unlawfully, we would strongly support holding him
accountable," she said. Rep. Carolyn B. Maloney, D-N.Y.,
expressed frustration at how long the investigation has taken. "I'm glad someone is
finally trying to get to the bottom of things," she said. "It
shouldn't have taken this long, but hopefully we'll soon see some
closure." Sullivan agreed that the
case has taken longer than he would like, but said, "That's what's
necessary in this kind of a case" because of its legal, factual and
logistical complexity. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5iHe3RGdxzFVjqN54O2181uAuXjmwD90MGKIG0 |