Blackwater Guards Indicted For Shooting

Five Indicted, One In Plea Negotiations, But Charges Won't Be Revealed Until Monday; Use Of Drug Law In Question

(CBS/AP)  Five Blackwater Worldwide security guards have been indicted and a sixth was negotiating a plea with prosecutors for a 2007 shooting that left 17 Iraqis dead and became an anti-American rallying cry for insurgents, people close to the case said Friday.

Prosecutors obtained the indictment late Thursday and had it put under seal until it is made public, perhaps as early as Monday. All who discussed the case did so on condition of anonymity because the matters remain sealed.

Six guards have been under investigation since a convoy of heavily armed Blackwater contractors opened fire in a crowded Baghdad intersection on Sept. 16, 2007. Witnesses say the shooting was unprovoked but Blackwater, hired by the State Department to guard U.S. diplomats, says its guards were ambushed by insurgents while responding to a car bombing.

Young children were among the victims and the shooting strained relations between the U.S. and Iraq. Following the shooting, Blackwater became the subject of congressional hearings in Washington and insurgent propaganda videos in Iraq.

The exact charges in the indictment were unclear, but the Justice Department has been considering manslaughter and assault charges against the guards for weeks. Prosecutors have also been considering bringing charges under a law, passed as part of a 1988 drug bill, that carries a mandatory 30-year prison sentence for using a machine gun in a crime of violence.

Drugs were not involved in the Blackwater shooting, but the law being considered allows prosecutions for using machine guns to commit violent crimes of any kind, drug-related or not.

“This is a big stretch under federal law," said CBS News legal analyst Andrew Cohen. "And judges, especially appeals court judges, are not always keen on approving the creative ways in which prosecutors go after defendants.

“Even if somehow this law applied to these facts it is not at all clear that the guards could be prosecuted here anyway because of where the alleged crimes occurred. So there are layers of problems for the feds,” he said.

The Justice Department has ordered five of the six guards to surrender Monday to the FBI, but details of where and precisely what time were still being worked out Friday, according to those people close to the case.

The remaining guard has been negotiating to reduce the charges against him in return for cooperation. If completed, such a deal could provide prosecutors with a key witness against the other five. Others in the convoy have already testified before a federal grand jury about the shooting.

Justice Department spokesman Dean Boyd declined comment.

Blackwater spokeswoman Anne Tyrrell said, "We've consistently said that we do not believe the guards acted unlawfully. If it is determined they did, we would support holding them accountable."

Regardless of the charges they bring, prosecutors will have a tough fight. The law is unclear on whether contractors can be charged in the U.S., or anywhere, for crimes committed overseas. The indictment sends the message that the Justice Department believes contractors do not operate with legal impunity in war zones.

Based at a sprawling compound in Moyock, North Carolina, Blackwater itself is not a target of the FBI investigation. Company officials have cooperated with the investigation.

To prosecute, authorities must argue that the guards can be charged under a law meant to cover soldiers and military contractors. Since Blackwater works for the State Department, not the military, it's unclear whether that law applies to its guards.

Further complicating the case, the State Department granted all the Blackwater guards limited immunity in exchange for their sworn statements shortly after the shooting. Prosecutors will need to show that they did not rely on those statements in building their case.

[mydiatribe]

Some thoughts to consider here:
While it''s likely the Blackwater Security guards went cowboy and over reacted by shooting everbody in the intersection. it''s just as UNLIKELY that all those Iraqis were non combatants.

Changing the interpretation of a law about machine guns is the prosecutors way of throwing the proverbial book at the and insuring he gets a conviction. This is a Rail Road Job not justice. This is a tough job, they pay these guys well, but inexcusable as it may be VIOLENT ACTS are spawned out of anger and frustration. The very same people who would excuse the riots of Watts & east LA would show no mercy for these Blackwater Guards - INTERESTING?

[ndjam]

Deepok Chopra is a worthless hyprocrit. He is so concerned about what happened in Mumbai India. What about what happened in Orissa India?? Genocide against Christians was barely reported by the news media. This mass slaughter of hindus killing christians went on for 3 weeks and nothing has been said or done about it. Chopra is a piece of ***. Report the news, not just some news. F.U to our media here in the U.S and in India. And a BIG F.U to Deppok Chopra.

[czmdm]

Ignore Rowdyntex. She''s just a former pig who is now a welfare b-atch.

[wdrussell1]

Folks, these are not American troops or people upholding American ideals. You should look at Blackwater just like you would look at mob enforcers.

[jsd330]

Who hired Blackwater, Cheneys company Haliburton, they handle all of the contracts for the war. The US command has no jurisdiction over the contractors. If these mercenary''s go to court, they make enough money they can hire OJ''s original lawyers. I am sure they will get off scott free.

[czmdm]

"Charging someone with murder in a war torn terrorist country like this was and still is, is like handing out speeding tickets at the Indy 500."

If you are going to steal movie lines (Apocalypse Now) at least mention the movie. Otherwise you look like a dimwit plagerist.

Collateral damage is just that until it happens to you or your family...then it''s murder. We need to see things without the Bush Goggles on.

[whatchange-2009]

Posted by grumpas at 08:59 AM : Dec 06, 2008 ******************** Bring on the evidence or shut your pie hole. You''re the one I''m supposed to ignore.

[blackwater66-2009]

Charging someone with murder in a war torn terrorist country like this was and still is, is like handing out speeding tickets at the Indy 500. There is always colaterial damage in war. Hard to know who the real enemy are at times, but when gun shots ring out, you can bet its not the 4th of July pal ?? These are the best of the best in military and terrorist tactics in the world, they rarely make mistakes like the one trump up here ?? I support Blackwater !!!

[grumpas]

You must be from another country, right? President Bush will not be tried for any infraction as he only lead the charge your Congress told him to do. If anyone should stand trial it should be you. Bring on the evidence and I''''m sure a neighbor of mine, Dennis K., would love to see and hear what you have. Otherwise you''''re just another rock throwing idiot in a crowd of idiots. These "Men" were on foreign soil doing what you could never have done. How dare an American court think that they have jurisdiction on foreign soil for acts perpetrated by persons expressly given immunity. That''''s called a witch hunt, Citizen. Put a gun in your hands and drop you into hell. Then let''''s see what your body count might be. Unless you''''ve been there, you have no idea of what pucker power can do to your mind and decision making capabilities. I see what my sacrifice has given you.... a swelled sense of entitlement.

Posted by WhatChange

You like to forget the lies Bush told to start the war. You know the ones that connected Saddam Hussein to 9/11 and the WMD that he and his administration knew didn''t exist. Because the evidence was rigged. Which doesn''t count attacking a sovereign nation who was no threat to us. But, I realize in your sick little right wing world that''s OK to get people killed over lies!!!

[hairyonetooo]

They should indict the head of Blackwater, the person in the US government who used the guards(Condeleeza Rice), the person who authorized this(Dubya) and hold them for trial. Dubya and Rice should surrender immediately.

Why we ever used contractors to fight our war over there is the heighth of stupidity. Each one of those people cost about 5 times one of our troops and are under no discipline at all!!! In WWII, Korea, Vietnam etc, when things went bad, all hands stood up and fought, the cooks, truck drivers, technicians, dishwashers etc, they were all sworn soldiers, now all this is done by contractors who will just walk off as they are not there to fight if necessary. A lot of people say well it is a waste to have troops doing cooking, washing dishes, driving supply trucks, etc, it all teaches discipline, and keeps extra troops available on short notice. I was in the USMC in the early 1960''s and when the Cuba missile thing came up, part of the regiment(artillery) loaded on ship on Sunday/Monday, Monday afternoon the remainder was at the ammo depot transporting ammo to the ships and loading on the ships, in addition we carried all our equipment just in case they decided to load us aboard ship also. With contractors you would not had that option.

[whatchange-2009]

Then they should be recharged with similar crimes on January 21st after the idiot leaves office. Then, hopefully he will face charges for this stupid war himself

Posted by fredflinsto2 at 08:21 AM : Dec 06, 2008 *********************** You must be from another country, right? President Bush will not be tried for any infraction as he only lead the charge your Congress told him to do. If anyone should stand trial it should be you. Bring on the evidence and I''m sure a neighbor of mine, Dennis K., would love to see and hear what you have. Otherwise you''re just another rock throwing idiot in a crowd of idiots. These "Men" were on foreign soil doing what you could never have done. How dare an American court think that they have jurisdiction on foreign soil for acts perpetrated by persons expressly given immunity. That''s called a witch hunt, Citizen. Put a gun in your hands and drop you into hell. Then let''s see what your body count might be. Unless you''ve been there, you have no idea of what pucker power can do to your mind and decision making capabilities. I see what my sacrifice has given you.... a swelled sense of entitlement.

[fredflinsto2]

These guys are fully protected by promise of presidential pardon. Nothing will happen to them. Guaranteed.


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Posted by omnibus66
Then they should be recharged with similar crimes on January 21st after the idiot leaves office. Then, hopefully he will face charges for this stupid war himself

[omnibus66]

These guys are fully protected by promise of presidential pardon. Nothing will happen to them. Guaranteed.

[irmcvet971]

So if a French CIVILIAN killed a person in the United States, the French government decides whether of not to prosecute the case? These people were civilians in a foreign country, accused of a crime. Don''''t twist the law because of the politics of the incident.

Posted by BRdeckard at 05:15 AM : Dec 06, 2008

So you are saying the Government of Iraq, which was under OUR complete control, should decided if these criminals violated a law? What law? If memory serves there WAS NO Law. When you invade a nation for NO REASON and impose YOUR rule on that nation then those YOU employ are YOURS. That''s what came out of the trials after WW II when the Nazi''s tried this same argument.

[babooph]

What are the charges for those who sent the hired killers?

[micmike48]

hand them over to iraq??? are you crazy!!! they will not get a fair trial and then hang or beheaded! i think blackwater is scum and i believe the blackwater corp heads are in bed w/ many in the bush admin. however, these young man need a fair trial. they went nuts and that is what happens in war. we should never have gone in there. but we had to because there are many in bush admin that thought the war was a great way to make tons of money and have their families set up for generations and not have to worry about the economy callapsing. these friends of bush and cheny are the real criminals!

[brianbwb-2009]

"To prosecute, authorities must argue that the guards can be charged under a law meant to cover soldiers and military contractors. Since Blackwater works for the State Department, not the military, it''s unclear whether that law applies to its guards."

Sure it absolutely does apply, they were carrying weapons, committing military activities, and killing people. Seeing as how the military serves the government, which includes the State Department, any failure to prosecute valid evidence using semantic games as a justification is corruption and cover-up.

They should be locked away in Guantanamo for eight years, then given a trial and then executed.

[fredflinsto2]

Blackwater is run by an evangelical who thinks he has the right to kill little children.


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Posted by rudy6543

Rudy, you continue to amaze me with your stupidity and ignorance

[fredflinsto2]

Amazing, A group that got a contract from the Bush administration charged with a crime, who could have figured????