Murky Legal Issues Cloud Blackwater Case

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

(CBS/AP) 
Federal prosecutors and legal experts interviewed by The Associated Press noted the incredible complexity in trying to determine who has jurisdiction over crimes committed by U.S. citizens in Iraq, let alone the logistical difficulties of actually building a case, accumulating evidence and deposing witnesses.

If prosecutors were to take the former Blackwater contractor's case to a grand jury, it would likely be under the Military Extraterritorial Jurisdiction Act of 2000, which provides that any member of the military, Department of Defense worker or contractor, or anyone "supporting the mission of the Department of Defense overseas" can be prosecuted in the U.S. for crimes committed abroad.

However, that poses a hurdle: Blackwater was hired to provide security to the State Department in the Green Zone; prosecutors would have to show that the arrangement supported the Defense Department's mission in Iraq.

Another option would be to take the case to a military court. The U.S. Code of Military Justice was amended in 2006 to address crimes committed by those serving with the armed forces in the field, said Eugene Fidell, president of the National Institute of Military Justice.

The Supreme Court has held that civilians cannot be tried in military court - most famously in the 1950s, in the cases of women accused of killing their enlisted husbands.

Slye said one other avenue exists, however unlikely it may be: trying the former Blackwater employee under the 1996 War Crimes Act, which covers any U.S. national who commits a war crime. To do so, prosecutors would first have to prove that the war in Iraq is an armed conflict under the Geneva Conventions. The Bush administration has been hostile to the notion that the conventions apply in Iraq and the war on terror.

The company first drew public attention in 2004, after four Blackwater contractors were killed while escorting a convoy through the Iraqi city of Fallujah. Photographs of the men's mutilated bodies hanging from a bridge remain an indelible image of the war. The killings set the stage for a bloody and largely unsuccessful attack on the city by U.S. Marines.

Prince started Blackwater with a few commando buddies from the Navy, using millions of dollars he inherited from his family's auto-parts fortune. For its headquarters, he chose a tiny community called Moyock, on a remote, empty stretch of North Carolina swampland.

A year after leaving the Navy in 1996, he founded Blackwater primarily as a training center for law enforcement, and colleagues speak privately about his well-intentioned eagerness to improve the nation's security.

After the 2001 terrorist attacks, Blackwater expanded to become the largest of the State Department's three private security contractors. Since 2001, it has earned more than $1 billion in federal contracts.

When the House Committee on Oversight and Government Reform investigated the 2004 Fallujah incident earlier this year, Prince sent Blackwater's attorney to represent his company. A few months later, he grew visibly uncomfortable on stage as photographers snapped his photo at a technology conference in suburban Raleigh. Conference officials later asked the photographers not to publish the photos.

When in public, Prince often uses his hand to shield his face from cameras. Former and current colleagues demur when asked about him, not willing to betray Prince's loyalty or annoy the secretive leader of the nation's best-known private security company.

"He's trying to run a business and run it professionally under strenuous conditions," said Scott Traudt, operations manager for Cohort International, a Lebanon, New Hampshire-based competitor. "Realistically, there's ongoing projects by (terrorist groups) to collect data on private contractors.

"I appreciate and understand his efforts to protect his family. The guy needs his privacy."

Prince's family has long-standing ties to the Republican Party in Michigan, where his sister, Betsy DeVos, once served as chair of the state Republican Party, and her husband, Dick DeVos, unsuccessfully ran for governor in 2006.

Prince, who currently lives outside Washington, himself has given more than $200,000 to Republican causes since 1998.

On Tuesday, Prince sat alone at a long witness table before the House committee, at times turning to consult with an attorney seated behind him during nearly four hours of testimony.

"We strive to perfection," Prince said, noting that 30 contractors have died working for Blackwater. "We drive to the highest standards. But the ... bad guys just have to get lucky once."

[forthepeopl1]

DONT WORRIE THIS IS CHENEY PRIVATE ARMY NOTHING WILL BE DONE..JUST SMOKE AND MIRRORS

[forthepeopl1]

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...

[lars008-2009]

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

[islandgal517]

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.

[lars008-2009]

Posted by willclem1 at 12:07 AM : Oct 04, 2007

hahaha

is that your latest conspiracy theory moonbat,,, lol

hahaha

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
[e-mail]

[pastdue1]

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?

[hideronpaul]

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!

[macusweil]

"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.

[iceman_1960]

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.

[iceman_1960]

"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.)

[iceman_1960]

"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.

[iceman_1960]

"Iraqi WAR vet calls Limbaugh out."

The man is an American, not an Iraqi.

[iceman_1960]

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

[glossypan]

http://www.youtube.com/watch?v=1E1rUekyAak
Third times a charm.
Must be grit in my keyboard.

[glossypan]

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

[glossypan]

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

[lars008-2009]

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,,,

[socrates392]

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!

[enlightenu]

IslandGal517, Ahmed Haithem Ahmed didn''t torture or kill anybody, and neither did his mom.