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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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September 16th,
2008 - Sources: Blackwater Seeks to Head Off Charges |
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Sources:
Blackwater Seeks to Head Off Charges By Lara Jakes Jordan & Matt Apuzzo Associated Press September 16, 2008 Washington - Defense
attorneys for Blackwater Worldwide are trying to head off Justice Department
charges against bodyguards involved in the deadly shooting of 17 Iraqi
civilians exactly one year ago. In a meeting with
prosecutors Tuesday, Blackwater's legal team outlined legal and factual
reasons the Justice Department would lose at trial if the guards are
indicted, three people close to the investigation said. Prosecutors agreed to take
Blackwater's argument into consideration but did not indicate whether they
would continue to pursue charges or drop the case. The three people spoke on
condition of anonymity because of the sensitivity of the ongoing
investigation. A Justice Department
spokesman did not immediately return a request for comment. For months, a federal grand
jury has been investigating the fatal shooting of the civilians, including
several young children, in Baghdad's Nisoor Square on Sept. 16, 2007. As few
as three bodyguards have been targeted for prosecution, according to lawyers
close to the case. Based in Moyock, N.C.,
Blackwater has played down suggestions that indictments could hurt the
company. In an interview with The
Associated Press in July, Blackwater president Gary Jackson predicted that
charges would have few negative effects. "Our Internet sales
will go through the roof," Jackson quipped. "There will be more
people on our Web site than you can shake a stick at. And guess what? We're
going to weather that one, too." Meanwhile, the government's
investigation has hit several legal snags - chief among them promises of
limited immunity to the guards. That issue was one of
Blackwater's top defenses Tuesday, with lawyers arguing that the Justice
Department investigation may have been influenced by information gathered
during an initial probe by the State Department immediately after the shootings.
The State Department agreed that the bodyguards' statements would only be
used internally - and not for criminal prosecutions. That means the statements
could not be used at trial, forcing prosecutors to build a case based on
other evidence from a crime scene that was then weeks old. Additionally, the Blackwater
attorneys argued that the Justice Department would not be able to prove it
has jurisdiction to bring criminal charges. Blackwater and other
contractors operate in a legal gray area. They are immune from prosecution in
Iraqi courts. If the Justice Department wants to bring criminal charges such
as assault, manslaughter or murder in a U.S. court, prosecutors would have to
do so under the Military Extraterritorial Jurisdiction Act. That would require the
government to show that State Department contractors were "supporting
the mission of the Department of Defense overseas." Blackwater, however,
claims that its contract guarding diplomats was a purely a State Department
function, one independent from the Pentagon. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5g8j2u56IMqRcZhCnXxakvpIEJ3-QD9383B5G0 |