Post by bigdaddy on Feb 5, 2009 13:40:33 GMT 4
Full article on the case against Blackwater in Iraq:
Pentagon letter undercuts DOJ in
Blackwater case
By MATT APUZZO, Associated Press Writer
Mon Feb 2, 6:41 pm ET
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
September 2007 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 persuade a judge to 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. By protecting diplomats, prosecutors said,
Blackwater freed up Pentagon resources.
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.
Justice Department spokesman Dean Boyd disagreed.
"The position taken by the Justice Department in the Blackwater prosecution is the position of the U.S.
government," Boyd said.
news.yahoo.com/s/ap/20090202/ap_on_go_ca_st_pe/blackwater_prosecution/pr... 03/02/2009
Print Story: Pentagon letter undercuts DOJ in Blackwater case -Yahoo! News Page 2 of 2
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.
Paul Cox, a spokesman for Price, said the congressman believes the courts should settle the question,
regardless of England's letter.
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. All rights reserved. The information contained in
the AP News report may not be published, broadcast, rewritten or redistributed without the
prior written authority of The Associated Press.
Copyright © 2009 Yahoo! Inc. All rights reserved. Questions or Comments Privacy Policy Terms of
Service Copyright/IP Policy
news.yahoo.com/s/ap/20090202/ap_on_go_ca_st_pe/blackwater_prosecution/pr... 03/02/2009
Pentagon letter undercuts DOJ in
Blackwater case
By MATT APUZZO, Associated Press Writer
Mon Feb 2, 6:41 pm ET
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
September 2007 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 persuade a judge to 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. By protecting diplomats, prosecutors said,
Blackwater freed up Pentagon resources.
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.
Justice Department spokesman Dean Boyd disagreed.
"The position taken by the Justice Department in the Blackwater prosecution is the position of the U.S.
government," Boyd said.
news.yahoo.com/s/ap/20090202/ap_on_go_ca_st_pe/blackwater_prosecution/pr... 03/02/2009
Print Story: Pentagon letter undercuts DOJ in Blackwater case -Yahoo! News Page 2 of 2
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.
Paul Cox, a spokesman for Price, said the congressman believes the courts should settle the question,
regardless of England's letter.
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. All rights reserved. The information contained in
the AP News report may not be published, broadcast, rewritten or redistributed without the
prior written authority of The Associated Press.
Copyright © 2009 Yahoo! Inc. All rights reserved. Questions or Comments Privacy Policy Terms of
Service Copyright/IP Policy
news.yahoo.com/s/ap/20090202/ap_on_go_ca_st_pe/blackwater_prosecution/pr... 03/02/2009