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The War Profiteers - War Crimes,
Kidnappings & Torture |
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January 29th,
2010 - Justice Department Appeals Dismissal of Blackwater Case |
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Justice Department Appeals
Dismissal of Blackwater Case By Joe Palazzolo Main Justice January 29, 2010 The Justice Department on
Friday appealed a court decision dismissing charges against five former
Blackwater guards involved in a 2007 shooting in Baghdad that left 17 Iraqis
dead. Vice President Joe Biden
announced the government’s intention to file an appeal last weekend, after a
meeting with Iraqi President Jalal Talabani. Prosecutors say the guards
opened fire in a crowded Baghdad intersection without provocation, killing or
wounding more than 30 Iraqis, including women and children. Attorneys for the
guards say their clients, who were protecting U.S. diplomats, took fire from
insurgents and responded in kind. U.S. District Court Judge
Ricardo Urbina in Washington dismissed manslaughter charges against the
guards in a harshly worded Dec. 31 ruling, in which he faulted Justice
Department prosecutors for using tainted evidence to build their case and for
abusing the grand jury process. Many Iraqis were outraged by
the decision, viewing it as evidence that the U.S. was not accountable for
bloodshed in their country. Iraqi leaders have been collecting signatures for
a class action against the security contractor, which changed its name to Xe
Services last year. Urbina’s December ruling
invited comparisons to the the botched prosecution of former Sen. Ted Stevens
(R-Alaska), whose conviction was erased last year because of government
missteps. In that case, Judge Emmet
Sullivan, who sits on same court as Urbina, criticized the government for
failing to disclose materials that could have aided in Stevens’ defense.
Sullivan dismissed the case at Attorney General Eric Holder’s request, and
then appointed a counsel to investigate prosecutors for possible criminal
contempt. Urbina, however, made no
formal finding of misconduct, and in a ruling earlier this month, he said the
Justice Department could seek a new indictment against the men. Urbina said
prosecutors acted with “disregard” but concluded that dismissing the case -
without prejudice - was punishment enough. The government has not yet
filed a brief explaining the grounds for appeal. In pretrial hearings,
prosecutors argued that interviews the guards gave to the State Department
after the shooting were part of the normal course of their job and could be
used against them. Urbina ruled that interviews were compelled, which
immunized the guards. External link: http://www.mainjustice.com/2010/01/29/justice-department-appeals-dismissal-of-blackwater-case/ |