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January 4th, 2010 - Iraq Will File Lawsuits Against Blackwater

News article from Reuters

News article from the Associated Press

Summary of the Blackwater Killings

Iraq Will File Lawsuits Against Blackwater

 

By Missy Ryan

Reuters

January 4, 2010

 

Baghdad - Iraq said on Monday it would launch lawsuits in U.S. and Iraqi courts against a U.S. security firm accused in the 2007 killing of civilians in Baghdad, rejecting a U.S. judge's decision to throw out charges.

 

Prime Minister Nuri al-Maliki "confirmed that the Iraqi government will undertake a lawsuit in Iraq and the United States against American security company Blackwater," his office said in a statement.

 

The Iraqi government "rejects the ruling issued by the American court acquitting the company of the crime of killing a number of citizens," Maliki said.

 

Last week, a U.S. federal judge threw out charges against five guards accused of killing 14 Iraqi civilians at a Baghdad traffic circle in September 2007, saying the defendants' constitutional rights had been violated.

 

The Blackwater incident came to symbolize for Iraqis what they saw as foreigners' disregard for their lives after private guards protecting U.S. personnel were given immunity from prosecution in Iraqi courts following the 2003 U.S. invasion.

 

That immunity was lifted in a bilateral agreement that came into effect from last year. It is not clear how an Iraqi case against the guards, or Xe itself, would get around the immunity that was in place in 2007.

 

The Iraqi government called the U.S. court ruling "unacceptable and unjust" and promised to support a lawsuit in U.S. courts filed by victims of the shooting or their relatives.

 

The guards from Blackwater, now called Xe Services, say they fired in self-defense in the incident, which occurred during some of the worst sectarian violence in Iraq. But witnesses and victims say the guards, escorting a heavily armed convoy through Baghdad traffic, shot indiscriminately.

 

The five guards were charged in a U.S. federal court with 14 counts of manslaughter, 20 of attempting to commit manslaughter and one weapons violation. A sixth Blackwater guard pleaded guilty to charges of voluntary manslaughter and attempting to commit manslaughter, and agreed to cooperate with prosecutors.

 

The U.S. ruling comes at a sensitive time for Iraqi politicians, trying to demonstrate their independence from foreign influence and their security credentials ahead of national polls in March.

 

The U.S. State Department has relied heavily on Blackwater since 2003 to protect diplomats and other officials. But Iraq revoked the firm's license following the 2007 shooting.

 

External link: http://www.reuters.com/article/idUSTRE6032CS20100104


Judge weighs misconduct finding in Blackwater case

 

By Matt Apuzzo

Associated Press

January 4, 2010

 

Washington - Prosecutors who mishandled the investigation into a deadly 2007 Blackwater Worldwide shooting face a possible misconduct citation from a judge who says they withheld evidence and violated the guards' constitutional rights.

 

U.S. District Judge Ricardo Urbina admonished the Justice Department last week for its "reckless" handling of the investigation into a shooting that left 17 Iraqis dead. He threw out manslaughter and weapons charges against five security guards and, in a footnote, said he was also considering whether the repeated government missteps amounted to misconduct.

 

Such a ruling would be an embarrassing cap to a politically sensitive investigation and a black eye to a department that is still dealing with the fallout from last year's botched corruption case against former Sen. Ted Stevens. In that case, a judge wiped away the senator's conviction and appointed a lawyer to investigate prosecutors for withholding evidence from defense attorneys.

 

If Urbina rules the Blackwater prosecutors committed misconduct, it would touch off an internal Justice Department investigation and could lead to sanctions against the government or the individual prosecutors.

 

Blackwater guards were hired to protect diplomats in Iraq. The shooting unfolded in a crowded intersection, where Blackwater said its guards were ambushed by Iraqi insurgents. Prosecutors said the heavily armored Blackwater convoy used machine guns and grenades to unleash a wild, unprovoked assault on innocent civilians.

 

The Blackwater case fell apart because prosecutors built the investigation around State Department interviews the guards gave immediately after the shooting. Under an agreement commonly made following police shootings, the interviews were to be used only for the State Department investigation, not for criminal prosecution.

 

Urbina also cited prosecutors for withholding evidence from the grand jury. For instance, after a key witness told prosecutors he never saw Blackwater guard Donald Ball open fire, prosecutors blacked out that statement before presenting it to the grand jury. Grand jurors have the final say on whether to charge people.

 

Prosecutors also withheld the fact that four other Blackwater guards said they were attacked within seconds of entering the intersection. A prosecutor told the judge he withheld that evidence because he believed the witnesses were hostile to the government, according to the court ruling.

 

Ball's attorney, Steven McCool, asked for the misconduct ruling but would not comment Monday because the request remains sealed. Justice Department spokesman Dean Boyd had no comment.

 

The five guards are Ball, a former Marine from West Valley City, Utah; Dustin Heard, a former Marine from Knoxville, Tenn.; Evan Liberty, a former Marine from Rochester, N.H.; Nick Slatten, a former Army sergeant from Sparta, Tenn.; and Paul Slough, an Army veteran from Keller, Texas.

 

© 2010 The Associated Press.

 

External link: http://tinyurl.com/yzsftcj

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