ex-Blackwater defendants walk free

[sfm818]

A federal judge in Washington, DC, has given Erik Prince's Blackwater mercenaries a huge New Year's gift. Judge Ricardo Urbina dismissed all charges against the five Blackwater operatives accused of gunning down 14 innocent Iraqis in Baghdad's Nisour Square in September 2007. Judge Urbina's order, issued late in the afternoon on New Year's Eve is a stunning blow for the Iraqi victims families and sends a clear message that US-funded mercenaries are above all systems of law--US and international.

In a memo defending his opinion, Urbina cited a similar rationale used in the dismissal of charges against Iran-Contra figure Oliver North--namely that the government violated the rights of the Blackwater men by using statements they made to investigators in the immediate aftermath of the shooting to build a case against the guards, which Urbina said qualified for derivative use immunity. Urbina wrote that he agreed that "the government violated [the Blackwater guards'] constitutional rights by utilizing statements they made to Department of State investigators, which were compelled under a threat of job loss." He added that the "government is prohibited from using such compelled statements or any evidence obtained as a result of those statements to bring indictments."

Federal Judge Dismisses All Charges in Iraq Massacre

Looks like New Years Eve is a good day to bury bad news. Unacceptable, but predictable.

[Countezero]

I, too, find the decision to be a bad one.

I am curious about whether the military members on the site think the outcome would have been different if this were a case in which the perpetrators were operating under the US ROE? It's my understanding private firms in Iraq still do not do that.

[Officer of Engineers]

We have a right to demand SITREPs and AARs if they were soldiers.

[Countezero]

Right, so does that mean, then, that the criteria used by this judge to dismiss the case would not have been available?

The reason I ask is that I recently attended a conference with the CEO of a very powerful British firm, and the Brits attitude about private contractors in the field is quite different from the Americans. I've also had soldiers tell me that they wished the private firms, like the Blackwaters of the world, would adopt the military's procedures and rules so that everyone is on the same page.

Either way, I think this is a troubling ruling...

[Officer of Engineers]

Right, so does that mean, then, that the criteria used by this judge to dismiss the case would not have been available?

We cannot take away any rights from the individual soldier, ie we cannot interrogate them suspecting of criminal intent without JAG involvement. We can, however, ask them to explain descrepencies in reports, ie what do you mean no weapons fire if 18 people got shot?

In other words, I cannot order them to confess.

[Countezero]

I guess the interesting legal question, then, is what level of Miranda rights a private US citizen can expect working overseas for the US government?

I wanted to withhold judgment of these fellows until the trial happened, in which I hoped the entire incident would finally be illuminated truthfully. Unfortunately, with the dismissal, that's not going to happen now.

[Officer of Engineers]

Isn't a civil suit coming?

[Countezero]

Probably, but I think there are jurisdiction and standing problems. I want to say something has already been thrown out (and that Blackwater can't be tried in Iraq). This is the incident that lost them their extra-legal status, if I am not mistaken, but then I sort of lost sight of the Blackwater stuff and quit reading about it (too depressing). The Vanity Fair piece a few weeks ago was interesting, though. Prince sounds like he's ready to take everyone down with him...

[sfm818]

Bremner exceeded his authority when he signed the order that allowed contractors immunity from prosecution, on his last day in the job.

[Parihaka]

Bremner exceeded his authority when he signed the order that allowed contractors immunity from prosecution, on his last day in the job.

Maybe he did, maybe he didn't but that immunity wasn't applicable to this case.

[Countezero]

I thought the immunity was still in effect? I thought this was the case that essentially pushed the Iraqis to cancel it?

Regardless, I think several incidents, this one included, show that US companies in Iraq need a heck of a lot more oversight. And, as I already suggested, the British cannot understand why they don't. We have, for example, the famous case this year where the Republicans tried to block the amendments stemming from the KRG rape allegations. Curious to say the least.

[Tarek Morgen]

Isn't a civil suit coming?

a civil suit can only result in forced payments and not prison terms right?

[Officer of Engineers]

The truth will still come out.

[Countezero]

a civil suit can only result in forced payments and not prison terms right?

I believe so. But hitting Blackwater where it hurts is hitting them in their pocketbook.

The truth will still come out.

Potentially it could even be a good thing. Civil suits in the US have lower standards for admitting evidence than criminal cases and people do not have the right to take the 5th and not have it held against them.

[Julie]

The truth will still come out.

Not if a civil suit is filed, and a pay-off is made to drop the suit, which is very likely.