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The War Profiteers - War Crimes,
Kidnappings & Torture |
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February 2nd,
2009 - Pentagon Letter Undercuts DOJ in Blackwater Case |
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Pentagon Letter
Undercuts DOJ in Blackwater Case By Matt Apuzzo Associated Press February 2nd, 2009 Washington - The Pentagon
wrote in 2007 that Blackwater Worldwide contractors in Iraq are not subject to
U.S. civilian criminal laws. That position undercuts the Justice Department's
effort to prosecute five Blackwater security guards for manslaughter. The letter highlights the
uncertainty prosecutors face in bringing charges against contractors involved
in a 2006 shooting that left 17 Iraqis dead in a Baghdad intersection. Iraqis
are closely watching how the U.S. responds to the shooting, which inflamed
anti-American sentiment abroad. Defense contractors can be
prosecuted in U.S. courts for crimes committed overseas, but because of a
legal loophole, contractors for other agencies can only face charges if their
work assignments supported the Defense Department. Blackwater works for the
State Department. The largest security contractor in Iraq, the company guards
U.S. diplomats. Five of its guards face manslaughter and weapons charges for
a shooting that prosecutors say was an unprovoked attack on civilians. Federal prosecutors in
Washington are trying to convince a judge he should hear the case. They say the
Defense Department mission and the State Department mission are essentially
the same: creating a stable, self-governing Iraq. When Blackwater guards
protected State Department diplomats, prosecutors told a federal judge last
week, they were supporting the Defense Department's mission. But in December 2007, the
Defense Department disagreed. In a letter to Rep. David Price, D-N.C., Deputy
Secretary of Defense Gordon England explained how the military handles
allegations against contractors. "I am informed that the
Blackwater USA private security contractors working under a Department of
State contract were not engaged in employment in support of the DoD
mission," England wrote in the letter, a copy of which was provided by
Price's office. Thus, England wrote, federal
prosecutors don't have jurisdiction to charge the Blackwater guards. He was
writing in response to a letter from Price, who has long maintained that the
loophole in the law should be closed. Defense Department spokesman
Chris Isleib said Monday that the views in the letter remain the view of the
Defense Department. Whether Blackwater is
covered by what's known as the Military Extraterritorial Jurisdiction Act
remains a matter of some debate. Blackwater founder and chief executive Erik
Prince said in an interview with The Associated Press that he believed his
security guards were covered and could be prosecuted in criminal courts. U.S. District Judge Ricardo
Urbina will decide whether the case should go forward. The five guards have
asked that the case be thrown out. The State Department said
Friday it would not renew Blackwater's contract to protect American diplomats
in Iraq when it expires in May. The announcement followed the Iraqi
government's decision to deny Blackwater a license to operate. Copyright © 2009 The
Associated Press. External link: http://www.google.com/hostednews/ap/article/ALeqM5jtLfZVVNZF72Pzftxt21yza9lVwAD963M0E00 |