SEATTLE, Oct. 3, 2007

Murky Legal Issues Cloud Blackwater Case

Investigations Into Multiple Iraqi Deaths Offer Window Into Shadowy Private Security Firm

  • Play CBS Video Video Blackwater Under Fire

    Blackwater USA founder, Erik Prince, is under fire as the investigation into his security firm's conduct in Iraq widens. Chip Reid reports.

  • Video Crime Scene Iraq?

    The Blackwater case sheds light on the problem of applying the law to contractors. Elizabeth Palmer reports no foreign security contractors have been prosecuted since the invasion.

  • Video Blackwater Practice Overlooked

    Security contractors are needed so desperately in Iraq, reckless tactics went unreported. David Martin reports

    • Blackwater USA founder Erik Prince testifies on Capitol Hill in Washington, Tuesday, Oct. 2, 2007, before the House Oversight Committee hearing examining the mission and performance of the private military contractor Blackwater in Iraq and Afghanistan.

      Blackwater USA founder Erik Prince testifies on Capitol Hill in Washington, Tuesday, Oct. 2, 2007, before the House Oversight Committee hearing examining the mission and performance of the private military contractor Blackwater in Iraq and Afghanistan.  (AP Photo/Susan Walsh)

    • Plainclothes contractors working for Blackwater USA take part in a firefight as Iraqi demonstrators loyal to Muqtada Al Sadr attempt to advance on a facility being defended by U.S. and Spanish soldiers, Sunday, April 4, 2004 in the Iraqi city of Najaf,. The Blackwater USA contractors were actively involved in defending the position. The images were taken by Spanish freelance photographer Gervasio Sanchez and were made available to The Associated Press Tuesday, October 2, 2007.

      Plainclothes contractors working for Blackwater USA take part in a firefight as Iraqi demonstrators loyal to Muqtada Al Sadr attempt to advance on a facility being defended by U.S. and Spanish soldiers, Sunday, April 4, 2004 in the Iraqi city of Najaf,. The Blackwater USA contractors were actively involved in defending the position. The images were taken by Spanish freelance photographer Gervasio Sanchez and were made available to The Associated Press Tuesday, October 2, 2007.  (AP Photo/Gervasio Sanchez)

    Previous slide Next slide
  • In The Spotlight Under Fire

    A look at Blackwater USA, the State Department's top private security contractor.

(CBS/AP)  Somewhere in western Washington state is a former Blackwater contractor who might, under normal circumstances, be on trial in Baghdad.

He was wandering drunk around the Green Zone after a party last Christmas Eve when he encountered - and fatally shot - a 32-year-old guard to Iraqi Vice President Adel Abdul-Mahdi, according to a congressional report released this week.

Blackwater immediately arranged to have the U.S. State Department fly the 26-year-old contractor back to the United States, fired him and fined him, and paid the slain guard's family $15,000.

But federal officials say he is not in custody. They barely acknowledge his existence, let alone release his name or discuss the status of the investigation.

The shadowy case highlights the murky legal issues surrounding the controversial security firm's Iraq-based employees, who may be exempt from both U.S. and Iraqi law.

Since founding Blackwater USA a decade ago, Erik Prince, 38, has gone to great lengths to avoid attention, trying to prevent photographers from taking his picture and demanding that his contractors never speak with reporters.

The veil of secrecy was lifted Tuesday as the former Navy Seal was called to Congress to defend his security company against allegations it covered up the killings of Iraqi civilians.

Pentagon officials say the 10,000 private security contractors working for the United States in Iraq are so indispensable that as long as they were getting the job done, no one questioned their tactics, even though senior military officers personally witnessed them overreact, reports CBS News national security correspondent David Martin.

"I can certainly say I've seen them do some tactics that I thought were over the top," said Brig. Gen. Joseph Anderson.

At Blackwater, contractors earn about $90,000 for six months' work, significantly more than they earned as U.S. soldiers.

"What normally would be a major option would be to have [the former contractor] prosecuted in Iraq," said Ron Slye, director of the international comparative law program at Seattle University Law School. "The problem is of course, under Iraqi law as put into place by the U.S., there's no jurisdiction over these people."

Amid an outcry from Iraqis who questioned how an American could kill someone in those circumstances and return to the U.S. a free man, the U.S. Justice Department announced it would investigate.

The case has been turned over to the U.S. attorney's office for western Washington state, where the man lives, Bush administration officials told The Associated Press, speaking on condition of anonymity to describe an ongoing investigation.

Mark Bartlett, the first assistant U.S. attorney in Seattle, said Tuesday he had no comment, joining a long list of federal officials here who would not confirm or deny anything about the former contractor's case. Robbie Burroughs, a spokeswoman for the FBI, said she could say only that the man is not in custody.

Prince was questioned Tuesday on Capitol Hill by lawmakers looking into the role his company's personnel played in a Sept. 16 shootout that left 11 Iraqis dead and the slaying of the Iraqi vice president's guard.

The State Department has asked the FBI investigate the Sept. 16 shootings. Eight FBI agents, all trained in evidence response, departed Tuesday for Iraq and hope to wrap up their on-site investigation within days.

On Sept. 16, a bullet, apparently fired by a Blackwater guard, killed an Iraqi man who had been driving in Baghdad's Nisour Square. The car continued to roll toward a Blackwater convoy, which responded with an intense barrage of gunfire in several directions, striking Iraqis who were desperately trying to flee, according to The New York Times.

As the gunfire continued, at least one of the Blackwater guards screamed, “No! No! No!” and gesturing to his colleagues to stop shooting, according to an Iraqi lawyer who was stuck in traffic and was shot in the back as he tried to flee. The account of the struggle among the Blackwater guards corroborates preliminary findings of the American investigation, reported the Times.

When testifying before Congress, Prince made one point over and over again, that not a single U.S. Official under the protection of Blackwater has been killed or seriously injured, reports CBS News correspondent Chip Reid.

"It's been 10 months and the Justice Department has not done anything to him," lawmaker Carolyn B. Maloney, a New York democrat, said in questioning Prince about the Christmas Eve shooting. "If you work for Blackwater, you get packed up and you leave within two days and you face a $1,000 fine."

Continued



© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 58 Comments
by forthepeopl1 October 4, 2007 5:18 PM EDT
DONT WORRIE THIS IS CHENEY PRIVATE ARMY NOTHING WILL BE DONE..JUST SMOKE AND MIRRORS
Reply to this comment
by forthepeopl1 October 4, 2007 5:17 PM EDT
Canavan told the Quincy, Mass. Patriot Ledger on Wednesday that when her sister was home three weeks ago, she told her about something she had come across that raised some concern with her: "She was in the finance unit and she said, ''I discovered some things I don%u2019t like and I made some enemies because of it.''"

Canavan revealed that Durkin said if anything happened to her, to make sure it was investigated.

DONT SAY ANYTHING TAKE ALL EVEIDENCE AND HOLD THEM FOR RAMSON PLAY THE GAME...
Reply to this comment
by lars008-2009 October 4, 2007 11:56 AM EDT
LOOK WHO IS TARGETING CIVILIANS!!!

Qaeda warns of attacks ''worse than 9/11''
http://www.breitbart.com/article.php?id=070530102648.wuwa6k96&show_article=1

Hizbullah Deputy Sec-Gen Sheikh Naim Qassem: We Have Jurisprudent Permission to Carry Out ''Martyrdom'' Operations, Fire Missiles on Israeli Civilians From Ayatollah Khomeini
http://memri.org/bin/latestnews.cgi?ID=SD154907

Switching Sides: Inside The Enemy Camp

But then in 2000, well before his arrest, something happened which would make Abas question everything he believed in: a fatwa, a religious edict, was issued by Osama bin Laden.

"It should be understood that killing Americans and Jews anywhere found are the highest act of worship and the highest form of good deeds in the eyes of Allah," Simon quotes bin Laden.

Abas and his fellow commanders were ordered to read the fatwa to their men and make sure they carried it out. The others obeyed, but Abas refused. It was his moment of truth. He firmly believed that jihad was to be fought only on the battlefield in defense of Islam; he had always been taught that the killing of civilians had nothing to do with holy war and that it was forbidden.

The fatwa justified killing non-Muslim civilians everywhere.
http://www.cbsnews.com/stories/2007/05/04/60minutes/main2761108.shtml?source=RSSattr=60Minutes_2761108
American Al Qaeda Member Threatens Attack
http://www.cbsnews.com/stories/2007/05/29/terror/main2865282.shtml
Reply to this comment
by islandgal517 October 4, 2007 11:07 AM EDT
He and his mom may not have, but what about the revenge that child would want to and try to take out for his parents deaths? 99% chance he would have turned into a suicide bomber or some other sort of terrorist. I don''t agree with the killing of any child, but everything happens for a reason.
Reply to this comment
by lars008-2009 October 4, 2007 8:17 AM EDT
Posted by willclem1 at 12:07 AM : Oct 04, 2007

hahaha

is that your latest conspiracy theory moonbat,,, lol

hahaha
Reply to this comment
by October 4, 2007 3:07 AM EDT
During the Blackwater episode, no mention has been revealed considering the constant requests by the Iraqi PEOPLE for the past 3 years regarding their complaints that "mercenaries" dressed as insurgents carry out the "mid-nite" missions - bursting into citizens residences - creating chaos by invoking harm on the families at their will - even a complaint that one of the "mercenaries" dressed as an insurgent was captured and determined to be one of the BOMBERS OF THE SOMARA MOSQUE. The complaints have all gone on deaf ears - both on U.S. and Iraqi officials. Remarks by the Iraqis are apparently seen as idle incurrences being reported without supporting evidence, while the "evidence" is also apparently treated as coming from only the untrustworthy complainers.

The incident that probably was first to explode in the public''s view was the Blackwater crew tht was killed and displayed on the bridge. However, the media only reported what it was told --no investigation of WHY the PEOPLE promoted the extreme behavior. The immediate reference by the PUBLIC was outrage but in the eyes of the Iraqis this was "pay-back-treatment". Why was this not considered of such importance that answers to the WHY IT WAS DONE were reported. The actions cannot be condoned, but for every action there is probably a re-action and the re-actions are the unanswerable.


william j clemons
willclem@grics.net
Reply to this comment
by pastdue1 October 4, 2007 1:07 AM EDT
NYT ~"Associates at the Justice Department said Mr. Gonzales seldom resisted relentless pressure from Vice President *** Cheney and David S. Addington, Mr. Cheney%u2019s counsel, to endorse policies that they saw as effective in safeguarding Americans, even though the practices brought the condemnation of other governments, human rights groups ..."

Are we embarrassed or humbled yet? Not only has Blackwater blackened our reputation. Now we are finding out just how far the directives from the Bush administration told the CIA to go in its torture techniques ~ while all the time telling the American public how they abhorred torture. And still, they rub the American taxpayer''s faces in it by asking for more billions to fund the same people. And Bush thinks Moveon.org is disgusting?
Reply to this comment
by hideronpaul October 4, 2007 1:00 AM EDT
Who Is Paying For Your Vote To Keep Control Of You And To Keep This War Going? Remember The Bankers Hold The Stock In Companies That Are Getting Billions In War Contracts!

Obama''s Contributers: Bankers / Special interest!
http://tinyurl.com/2nd4f8

Hillary Clinton''s Contributers Lawyers / RealEstate:
http://tinyurl.com/2ontpq

Rudy GIULIANI Contributors: Bankers / Hedge Funds!
http://tinyurl.com/2m2c4n

Ron Pauls Money Is From the People! We have someone who is NOT Paid Off By Special Interest or Bankers Money!!!
http://tinyurl.com/2q8vr3

If you ever want this War to End Vote Ron Paul 2008, No One Else Is Going To End It!
http://www.ronpaul2008.com/issues

He Will:

** Stop Iraq War Immediately
** Eliminate IRS
** Eliminate Federal Reserve
** Eliminate Government Wasteful Spending
** Restore America''s Work Force & Values
** Restore America''s Freedom!

RON PAUL RAISES $5.1 MILLION 3RD Q!
FROM THE PEOPLE! VOTE RON PAUL 2008!
Reply to this comment
by macusweil October 4, 2007 12:08 AM EDT
"CNN- The Bush administration said Wednesday it opposes a bill that would bring private military contractors overseas under U.S. law, warning it would have "unintended and intolerable consequences" for national security."

Yeah, Bush''s private storm troopers could no longer kidnap and torture against the will of the American people.
Reply to this comment
by iceman_1960 October 3, 2007 10:27 PM EDT
Actually the Christian form of that statement would be, "The atheist who does good deeds is just as bad as the one who kills his mother and takes care of dogs"

This would be in line the bizarre Biblical statement that if you break the smallest part of the law, you have broken all the laws.

"For whoever keeps the whole law and yet stumbles at just one point is guilty of breaking all of it. For he who said, "Do not commit adultery," also said, "Do not murder." - James 2:10-11

Of course we don''t think this way in real life. We don''t punish jaywalkers with the same punishments as pedophiles, rapists and murderers.

But whenever religion is involved, logic, reason and common sense fly off into outer space.
Reply to this comment
by iceman_1960 October 3, 2007 10:18 PM EDT
"The atheist who does good deeds is worse than the one who kills his mother and takes care of dogs"
- Posted by lars008 at 02:12 PM : Oct 03, 2007

(lars008 was quoting that as an example of Muslim fanaticism and intolerance.)
Reply to this comment
by iceman_1960 October 3, 2007 10:17 PM EDT
"The atheist who does good deeds is worse than the one who kills his mother and takes care of dogs"
- Posted by lars008 at 02:12 PM : Oct 03, 2007

Actually a lot of "good Christians" and Bible believers would agree with that absurd statement.
Reply to this comment
by iceman_1960 October 3, 2007 10:13 PM EDT
"Iraqi WAR vet calls Limbaugh out."

The man is an American, not an Iraqi.
Reply to this comment
by iceman_1960 October 3, 2007 10:11 PM EDT
Here''s another good one.

Iraqi vet calls Limbaugh out.

"Until you have the guts to call me a ''phony soldier'' to my face, stop telling lies about my service." - Purple Heart recipient Brian McGough

http://www.youtube.com/watch?v=kKM_NsTswco
Reply to this comment
by glossypan October 3, 2007 8:57 PM EDT
http://www.youtube.com/watch?v=1E1rUekyAak
Third times a charm.
Must be grit in my keyboard.
Reply to this comment
by glossypan October 3, 2007 8:54 PM EDT
Dropped the link and broke it on my way to post'' Here is the correct, tested link. Sorry

http://www.youtube.com/watch?v=1E1rUekyAak
Reply to this comment
by glossypan October 3, 2007 8:46 PM EDT
I listen to Limbaugh a couple of hours most weeks. I would hate to see him off the air. Leave him on Armed Forces Radio. I do think AFR should line up at least one progressive talk show.

This link is so that the more naive young boys and girls will be clued in that Rush is high comedy rather than a news show or thoughtful commentary.

The 7 min 32 sec audio clip gives plenty of context to the phony soldiers remark:
http://www.youtube.com/watch?v=1E1rUekyAak
Reply to this comment
by lars008-2009 October 3, 2007 8:05 PM EDT
told you so,,,

demonic-rats believe in freedom of speech as long as you agree with them,,, lol

just like fascist nazi terrorislam,,,

just like communism,,,

just like monarchies,,,

the demonic-rats are shredding the constitution,,,
Reply to this comment
by socrates392 October 3, 2007 7:53 PM EDT
Both houses of Congress & the Off White House should unite & throw Rush Limbaug off of Armed Forces Radio

Posted by j-whitman at 03:10 PM : Oct 03, 2007

They should have done that a long time ago if you ask me. That vile slug doesn''t deserve to be on any radio if he insults our troops!

How does it feel Repugs, having your icon torn down for excercising his right to free speech! Kinda reminds me of something . . . oh, yeah, that article in the New York Times by Moveon.org! LOL!
Reply to this comment
by enlightenu October 3, 2007 7:49 PM EDT
IslandGal517, Ahmed Haithem Ahmed didn''t torture or kill anybody, and neither did his mom.
Reply to this comment
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