U.S.: Blackwater Immunity Won't Halt Probe

Limited immunity has been routinely offered to private security contractors involved in shootings in Iraq, State Department officials said Tuesday, denying such actions jeopardized criminal prosecution of Blackwater USA guards accused of killing 17 Iraqi civilians.

State Department spokesman Sean McCormack declined to discuss specifics of the agency's role in the investigation, but said any immunity deals should not stop the Justice Department from prosecuting.

"It's up to the investigators and prosecutors to determine what kind of case they have ... and ultimately whether to bring prosecution," McCormack told reporters.

The immunity deals, first reported by The Associated Press, have delayed the U.S. criminal inquiry of the Sept. 16 shootings that has enraged Iraqis.

Senior law enforcement officials, who spoke on condition of anonymity because of the ongoing investigation, said the legal protections offered by the State Department could derail prosecution if investigators are unable to unearth other evidence from a crime scene now six weeks old.

In Baghdad, the Iraqi government approved draft legislation lifting immunity for foreign private security companies - one of the nation's most serious disputes with the U.S. since last month's shooting. Iraq is demanding the right to launch its own prosecution of the Blackwater bodyguards despite the company's insistence they acted in self-defense.

Additionally, Democratic leaders in Congress demanded answers about the immunity deal as House Government Oversight Chairman Henry Waxman called it "an egregious misjudgment."

Senate Judiciary Chairman Patrick Leahy, who sits on two Senate panels that oversee the State Department and the Justice Department, called the immunity deal an example of "the amnesty administration."

"In this administration, accountability goes by the boards," said Leahy. "That goes equally for misconduct and for incompetence. If you get caught, they will get you immunity. If you get convicted, they will commute your sentence."

The shooting investigation was initiated by the Bureau of Diplomatic Security hours after the attack. The inquiry was turned over to the FBI in early October after Justice Department prosecutors realized that the Blackwater bodyguards' statements could not be used in court.

At the State Department, McCormack said "these kinds of issues are not new." He said Justice Department officials "can take steps to work around" any limited immunity agreements. "They provide limited protections that would not preclude a successful criminal prosecution," he said.

A second senior State Department official, speaking on condition of anonymity because of the ongoing inquiry, said the agency has for years required its security contractors to give written statements within hours of any so-called "use of deadly force" in Iraq.

Waivers granting a security worker limited immunity - by barring those statements in a criminal case against the worker - are a "routine part" of the investigations by the Bureau of Diplomatic Security, the official said.

The waiver given to Blackwater guards reads, in part: "I further understand that neither my statements nor any information or evidence gained by reason of my statements can be used against me in a criminal proceeding, except that if I knowingly and willfully provide false statements or information, I may be criminally prosecuted for that action."

It's not clear whether the waivers were ever authorized by the Justice Department, which decides whether cases are prosecuted. Blackwater spokeswoman Anne Tyrrell declined comment about whether the immunity waivers were part of the security firm's contract with the State Department.

Justice Department spokesman Dean Boyd said prosecution was still possible, despite "knowing that this investigation involves a number of complex issues."

The Sept. 16 shootings in west Baghdad's Nisoor Square left 17 Iraqi civilians dead and prompted still-unanswered questions about who fired first. Blackwater has said its convoy was already under attack before it opened fire.

A follow-up investigation by the Iraqi government, concluded that Blackwater's men were unprovoked. No witnesses have been found to contradict that finding.

An initial report by U.S. Central Command, which oversees military operations in Iraq, indicates "no enemy activity involved" in the incident. The report says Blackwater guards were traveling against the flow of traffic through a traffic circle when they "engaged five civilian vehicles with small arms fire" at a distance of 50 meters.

Iraqi Prime Minister Nouri al-Maliki, trying to soothe growing public anger over the Blackwater shootings, has promised to push through legislation to make all foreign private security contractors in Iraq subject to the nation's criminal laws.

On Tuesday, his government sent the Iraqi parliament a measure overturning an immunity order known as Decree 17 that was issued by L. Paul Bremer, who ran the American occupation government until June 2004.

Under the legislation, all security companies would be subject to the Iraqi criminal law and must obey all the country's legal regulations. U.S. Embassy spokeswoman Mirembe Nantongo said she had not seen the measure and had no immediate comment.

The White House had very little to say about the matter. President Bush ignored a question on the arrangement shouted after his meeting with the president of Uganda. And his spokeswoman dodged most questions about it at her daily briefing with reporters, referring them to the State Department.

"It is under review," White House press secretary Dana Perino said. "Anyone who has engaged in criminal behavior will be prosecuted."