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.

[hitoyou11]

He and all other Blackwater Guards should get "LIFE" No Good killers. That is all they are.

[amjoe-2009]

Let''s see: No drugs involved, but law aimed at drug trafficing; their machineguns issued to them by the US Government; the action took place in a foreign country in a combat zone where US State Department specifically hired these combat veterans to protect them; limited immunity already given; Justice Department lawyers anxious to make their professional bones who, of course, would never, ever put their butts in harms way for this nation -- oh, yeah -- this is just how to support out fighting men, in or out of uniform.

[tincup356]

what the citizens need to do is appoint a corrupt politician Czar,so we could start a war on corrupt public officials, they do it to us, appointing czars on some kind of war this country loves to wage.Seems asinine that we have the gall to call ourselves the most peace loving country in the world, however it is the farthest thing from the truth.Our Government has a war on everything going on, The biggest and most horrible war is the one they are waging on the people of this country.The middle class is is under attack economically right now,the perpetrators of this attack are not Muslim radicals, they are white collar , suit and tie terrorists who are not hiding in Afghanistan,they hide out in Washington at a place called Capitol hill, home of the most traitors we have ever known.

[rudy6543]

Here''s one way to fix the budget. Fire Blackwater altogether and then sue the company for everything it got under Bush. These people are the most worthless trash around.

[rudy6543]

Posted by AmJoe at 07:02 AM

Defending people who shoot the innocent.

[evian_ycnan]

The Iraqis just sentenced the US to 3 years for blowing up their country.

So thirty for some individual killers seems reasonable.

If a bomb explodes in Baghdad and CNN isn`t there to report it, does anyone get kill?

[johnpatrick9]

These guys are highly paid fascist scumball and deserve punishment for the *** they have been getting away with. We are a Republic and don''t need these yahoos running around sucking up our taxes and buthchering people in our name. More Republican free enterprise crapoola. Hang them high for their crimes.

[evian_ycnan]

Blackwater is making a fortune off these Somali pirates by putting armed contingents on cruise and merchant ships.

Wouldn''t suprise me at all if they aren`t also training the pirates

[evian_ycnan]

Posted by AmJoe at 07:02 AM : Dec 05, 2008

There`s always the War Crimes Act. Wide open. Besides, the Fed never has difficulty in stretching laws when it comes to people carrying large amounts of cash, doctor-assisted suicide and medical marijuana, even civil rights.

So lump it!

[runningralph]

tincup356 says "we have a lot of gall to call ourselves the most peace loving country". Whoever said that? In fact we are the most attacked country in the world. And he is another attacker. Another attacker is rudy6543. He says security guards are worthless trash. I agree with AmJoe. We should support people who provide our security. If there is a bad apple, pick them out. Don''t destroy the system while we are at war.

[grumpas]

this is just how to support out fighting men, in or out of uniform.

Posted by AmJoe

I would hardly call this bunch of mercenary''s our fighting men!!! They are well paid thugs!!!! This is not a cheap way to conduct a war. They can use their war profits to defend themselves in court.

[whiskyrokr]

$hit happens. Leave these guys alone.

[chris32324]

i d be willing to bet no charges will be laid,no blackwater people will go to jail,these types of charges laid against them under the regan crack law would never stick.

[dakkotadawg]

They have to be charged now so they can get pardoned. Man, you guys are just to cynical and deep, it''s not that complicated!

[hologram5]

If any of those people supporting the blackwater people were to watch what they did to people in New Orleans they would change their tune. Blackwater was the organization responsible for taking away people''s weapons in the Katrina fiasco. The ones that beat up an 80 year old woman for a 38 snubnose. Nice guys, they need prison time to teach them a lesson.

[armysgt1]

Why do so many of you like to associate Blackwater with President Bush? Blackwater was founded and received their first contracts under the Clinton Administration. In addition, I am sure that if any one of you were to visit Iraq you would request them to be your guards. Remember they have not lost a single person they were paid to protect. That includes many of our Congressional leaders that are now against them.

[donevis-2009]

Why do so many of you like to associate Blackwater with President Bush?
Posted by ArmySGT1 at 10:03 AM : Dec 05, 2008

It''s the Way that Bush used them and how they turned into paid thugs. How would you feel to have foreigners jump out of a truck, gun down a bunch of civilians including your wife and 3 year old son. My opinion, 30 years is light.

[armysgt1]

jh6379again

Do you support companies like Northrop Grumman and Lockheed Martin? They get paid to make the planes that are designed to kill. Does that mean they are also thugs

[armysgt1]

jh6379again

I am sure at one time or another you have flown on a plane that a defense contractor built. Boeing, Northrop, and Lockheed all make civilian transportation. So by flying you are supporting them.

[rjmcbs]

Fat Chance. Read the story of Sgt.Martinez

[macusweil]

A mercenary by any other name..

The folks in Bush administration who broke laws on the prohibition against hiring mercenary should do time. They hired these thugs they should be responsible for their action.

US outspends every nation on earth so we can have best military so why did we need hire these criminals anyway?

[jerr11]

It''s the same old story.

The pawn in the crime gets 30 years.

The mastermind behind the crime planning to build his 2.5 million dollar home in Dallas, right next to his presidential library and the cemetery with over 4200 headstones of the American troops he killed in his illegal war.

[legacyabq]

I highly highly doubt they will get a conviction under this law..
It seems as though they know it, and are complicit with the defense..

[aztecdakota]

This one, I have to comment. Someone in the oil business (you know who) and his confederates, HIRE mercenaries to protect their interests. So lets punish all the hired help and leave the Cartell leaders go free? right? So 30 years of time for one mercernary will cost 50 grand a year. How many mercinaries are we talking about, for 30 years? ARREST THE OIL CARTELL LEADER AND HIS AGED MANAGEMENT PEOPLE, they are responsible, they won''t live as long, THUS! Saving the American Taxpayers tons of monies, and punishing the true Criminals. Good idea, huh?

[donlb-2009]

Please remember that the British used mercenaries in the American Revolution. They were called Hessians, and they basically did in this country what Blackwater is doing in Iraq.

[yongamerica]

How can US Laws be applied to a crime that occurred in a foreign country? And this application of a drug law against civilians in a war zone is ridiculous. In the first place an armed contractor has no business doing the Federal Government''s business. These mercenaries were used by a government who did not want to commit their own resources to a war zone. Federal civilian employees are still going to great lengths from going to Iraq to do their jobs properly. It was Bush''s lack of a follow through plan that brought them there. Bush should be on trial here as an accomplice.

[excoachken]

I hope this is not the last sentence for the American Storm Troopers.

[roghil]

morphndol6 why don''t you lay off the crack? Your comments are unintelligble but the same on every story. they have nothing to do with the articles.

[obamaslady]

Whatever happened to the good old days when Americans fought their own wars the old fashioned way - with our own military? Why have we resorted to hiring mercenaries when we have completely legitimate and ready military personnel to perform battles? Oh yeah, I remember now, the way to more riches and wealth is through lucrative CONTRACTS [at least for Bush Cheney & Co.] who can retire blissfully never having to worry about finances in their lifetimes. Not that they didn''t make enough or have enough money and wealth prior to the Iraq war, but more wealth never hurt anyone, did it? I can only hope these Blackwater mercenaries get what they so rightly deserve - the same punishment they meted out to the Iraqi demonstrators they killed - death. Shame on our military commanders for resorting to the use of these mercenaries in the first place! I only hope the prosecutors don''t do anything that would cause an appellate judge to reverse or overturn their hard-won verdicts when that time comes. Talk about the hazards of war!

[sonomafrog]

I served in the military and then worked as a contractor. I can honestly say 99.9% of the men and women who did would have reenlisted to serve again, out of patriotism and loyalty to fellow Americans, if the contracting business did not exist. In all of my experiences they performed honorably, and spoke with complete honesty about their actions. It is truly disappointing and sad to hear the opinions of many of the people on this blog. Maybe, just maybe, most of those opinions would change if they experienced how things really are in the "real" world, not the idealistic world that they think the rest of the world is. And if that were to happen I''m pretty sure they would question the stories that Iraqi''s said happened, not the Americans.

[darkwing_7]

I just love to hear these WHINNEY liberaly'' I hope they get what they deserve blah.blah.blah!!!!!!!!!!"
What is the difference between these guys and our fighting men and wemen in uniform? They are all in the fight and truing to react to a dynamic environment where the ENEMY can come from anywhere!! Just like Vietnam when the Viet-cong would use children and wemen as suicide or unknown bombers to kill our troops. All of you crybabies that are against what we are doing... why dont you go over there and try to give these suicide bombers a hug and kiss...then you might find out what it is like, YOU BUNCH OF COWARDS!!!!!!!!!!!!!!!!!!!!!!

[darkwing_7]

PS I also hope they get Presidential Pardons, as they were only doing what they were asked to do by our GOVERNMENT!!!

[xxunknown]

It''''s the same old story.

The pawn in the crime gets 30 years.

The mastermind behind the crime planning to build his 2.5 million dollar home in Dallas, right next to his presidential library and the cemetery with over 4200 headstones of the American troops he killed in his illegal war.
Posted by jerr11
-----------------------------
so so true. Sigh.

[terrapin78]

These guys should get to serve their sentences in Abu Graib (sp) prison.

[terrapin78]

I served in the military and then worked as a contractor. I can honestly say 99.9% of the men and women who did would have reenlisted to serve again, out of patriotism and loyalty to fellow Americans, if the contracting business did not exist. In all of my experiences they performed honorably, and spoke with complete honesty about their actions. It is truly disappointing and sad to hear the opinions of many of the people on this blog. Maybe, just maybe, most of those opinions would change if they experienced how things really are in the "real" world, not the idealistic world that they think the rest of the world is. And if that were to happen I''''m pretty sure they would question the stories that Iraqi''''s said happened, not the Americans.

Posted by sonomafrog at 04:16 PM : Dec 05, 2008


In the "real" world, we would not have started the war in Iraq!

[wallyj16]

I served in the military and then worked as a contractor. I can honestly say 99.9% of the men and women who did would have reenlisted to serve again, out of patriotism and loyalty to fellow Americans, if the contracting business did not exist. In all of my experiences they performed honorably, and spoke with complete honesty about their actions. It is truly disappointing and sad to hear the opinions of many of the people on this blog. Maybe, just maybe, most of those opinions would change if they experienced how things really are in the "real" world, not the idealistic world that they think the rest of the world is. And if that were to happen I''''''''m pretty sure they would question the stories that Iraqi''''''''s said happened, not the Americans.

Posted by sonomafrog at 04:16 PM : Dec 05, 2008

Contractors are a disgrace to the military. If you serving so much be a patriot for your country, not the almighty dollar. All those bums should be out of a job. Mercenaries have never worked and never will.

[wallyj16]

Try the scumbags in an Iraqi court where thy belong. That''s democracy!

[mrmeatspin]

it is just a matter of time before these terrorist strike thier most avid supporters...count those days but by that time bush will be long gone,,

[centerfall94]

Blackwater is scum, of course. Hired mercenaries are never the best people to begin with. However, who hired them? That''s who we should be prosecuting in addition to these thugs.

[rudy6543]

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

[doctajim]

I agree totally with demswin08. I was drafted during Vietnam and wound up later counseling Vets at several VAs - while interning during grad school. Stating people are naive because the "real world" requires such abuses is Nazi blathering! There were real soldiers who refused to murder unarmed soldiers and civilians, real soldiers who refused to harm or torture immobile prisoners. Then there were the monsters, masquerading as "Americans" - racking up a body count - these were sociopaths in uniform and they were both officers and grunts and almost all of them were from the "South" and "Christians". Refusing to call them anything but monsters is a disgrace to America and civilization.

[babooph]

I must remember that the same propaganda system that calls mercenaries "contractors"is the one who gave me this story.

[toolmangler-2009]

almost all of them were from the "South" and "Christians". Refusing to call them anything but monsters is a disgrace to America and civilization.

Posted by doctajim at 08:28 PM : Dec 05, 2008




Are you saying that only christian southerners committed atrocities? If you are, then I call you a knowing liar. You are exhibiting the same mentality as those that did these horrible things. Please show me that I am mistaken.

[fredflinsto2]

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

[fredflinsto2]

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


--------------------------------------------------------------------------------

Posted by rudy6543

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

[lmartink]

Let''s hear it for Blackwater! A bunch of arrogant, asinine jerks.

And now they want to protect ships from Pirates! I don''t think so.

We should outsource these murdering mercenaries, and make them go live in other countries.

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

[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.

[alphaa10000]

Once prosecuted for the crime-- even if ineptly prosecuted by a Blackwater-friendly DOJ prosecutor planning to lose-- the Blackwater bozos can walk free.

With an Obama DOJ just weeks away, that may be the idea of this eleventh-hour prosecution-- but all of us should hope it is not.

Has the US foreign service any credibility left after Bush and Rice?

[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!