Quote:US court dismisses charges against Blackwater security guardsUS justice department 'disappointed' by decision to throw out charges against five guards accused of killing up to 17 Iraqis

Ewen MacAskill in Washington guardian.co.uk,
Thursday 31 December 2009 23.24 GMT Article history

A judge in America threw out charges against members of the Blackwater security company yesterday who were accused of killing Iraqi civilians in Baghdad in one of the most notorious incidents since the 2003 invasion.

The ruling will be met with anger in Iraq, where feelings ran high at the time. Fourteen to 17 people were killed in the incident. The Iraqi government had wanted the trial held in Iraq.

Blackwater, now renamed Xe, was notorious in Iraq, where its guards gained a reputation for aggression.

The security guards opened fire while escorting a four-truck convoy of US diplomats through the Iraqi capital on 16 September 2007. At the time Blackwater denied any crime had been committed, saying its staff were operating under official US rules of engagement.

US district judge Ricardo Urbina ruled in favour of the Blackwater men yesterday, saying prosecutors wrongly used against them statements they had given under duress. He said the government's case was built largely on "statements compelled under a threat of job loss in a subsequent criminal prosecution," a violation of their constitutional rights. The state department, which employed Blackwater, had ordered the men to explain what had happened.

Another factor, the judge said, was that the statements had been given under a promise by investigators that they would not be used against them in a criminal case and were only for an internal inquiry.

In a 90-page ruling, Urbina said: "The explanations offered by prosecutors and investigators in an attempt to justify their actions and persuade the court that they did not use the defendants' compelled testimony were all too often contradictory, unbelievable and lacking in credibility."

The US justice department said it was disappointed by the decision.

The use of private security companies such as Blackwater in war zones is not a new phenomenon, but what made it controversial was the sheer number and extent to which the US administration made use of them.

There have been a steady flow of revelations about the extent to which the US military and the CIA involved Blackwater in operations.

Urbina did not say whether he regarded the shooting as illegal, focusing instead on whether the statements of the security guards could be used as evidence.

He said the prosecutors did not stand by the immunity deal that the men reached with investigators, in which their statements could not be used against them. The five guards had faced manslaughter and weapons charges. The charges carried mandatory 30-year prison terms. It is unclear what the ruling means for a sixth Blackwater guard, Jeremy Ridgeway, who turned on his former colleagues and pleaded guilty to killing one Iraqi and wounding another.

The trial had been due to begin on 29 January 29 this year. The five – Paul Slough, Nicholas Slatten, Evan Liberty, Dustin Heard and Donald Ball – had pleaded not guilty. It had been planned that witnesses would travel from Iraq to give evidence. Mark Hulwater, a defence lawyer respresenting Slough, told the Washington Post: "We are very gratified by the judge's thoughtful and reasoned opinion and we are very happy that Mr Slough can start the New Year without this cloud hanging over his head."

Jan Klimkowski Wrote:My emphasis in bold.

Quote:US court dismisses charges against Blackwater security guardsUS justice department 'disappointed' by decision to throw out charges against five guards accused of killing up to 17 Iraqis

Ewen MacAskill in Washington guardian.co.uk,
Thursday 31 December 2009 23.24 GMT Article history

A judge in America threw out charges against members of the Blackwater security company yesterday who were accused of killing Iraqi civilians in Baghdad in one of the most notorious incidents since the 2003 invasion.

The ruling will be met with anger in Iraq, where feelings ran high at the time. Fourteen to 17 people were killed in the incident. The Iraqi government had wanted the trial held in Iraq.

Blackwater, now renamed Xe, was notorious in Iraq, where its guards gained a reputation for aggression.

The security guards opened fire while escorting a four-truck convoy of US diplomats through the Iraqi capital on 16 September 2007. At the time Blackwater denied any crime had been committed, saying its staff were operating under official US rules of engagement.

US district judge Ricardo Urbina ruled in favour of the Blackwater men yesterday, saying prosecutors wrongly used against them statements they had given under duress. He said the government's case was built largely on "statements compelled under a threat of job loss in a subsequent criminal prosecution," a violation of their constitutional rights. The state department, which employed Blackwater, had ordered the men to explain what had happened.

Another factor, the judge said, was that the statements had been given under a promise by investigators that they would not be used against them in a criminal case and were only for an internal inquiry.

In a 90-page ruling, Urbina said: "The explanations offered by prosecutors and investigators in an attempt to justify their actions and persuade the court that they did not use the defendants' compelled testimony were all too often contradictory, unbelievable and lacking in credibility."

The US justice department said it was disappointed by the decision.

The use of private security companies such as Blackwater in war zones is not a new phenomenon, but what made it controversial was the sheer number and extent to which the US administration made use of them.

There have been a steady flow of revelations about the extent to which the US military and the CIA involved Blackwater in operations.

Urbina did not say whether he regarded the shooting as illegal, focusing instead on whether the statements of the security guards could be used as evidence.

He said the prosecutors did not stand by the immunity deal that the men reached with investigators, in which their statements could not be used against them. The five guards had faced manslaughter and weapons charges. The charges carried mandatory 30-year prison terms. It is unclear what the ruling means for a sixth Blackwater guard, Jeremy Ridgeway, who turned on his former colleagues and pleaded guilty to killing one Iraqi and wounding another.

The trial had been due to begin on 29 January 29 this year. The five – Paul Slough, Nicholas Slatten, Evan Liberty, Dustin Heard and Donald Ball – had pleaded not guilty. It had been planned that witnesses would travel from Iraq to give evidence. Mark Hulwater, a defence lawyer respresenting Slough, told the Washington Post: "We are very gratified by the judge's thoughtful and reasoned opinion and we are very happy that Mr Slough can start the New Year without this cloud hanging over his head."

http://www.guardian.co.uk/world/2009/dec/31/us-court-dismisses-blackwater-charges

Hmmm. Howzabout testimony obtained as a result of torture, such as water boarding? Will Yanqui judges rule that inadmissible?

I note, in weary passing, that the "duress" here was "loss of employment", not physical threat to health or life.

Peter Lemkin Wrote:...followed by more bad news in the Judge's 'decision'....

Blackwater was cleared of guilt for the alleged unprovoked 2007 shootout which killed 17 Iraqis... for use of improper evidence in the case.

A US federal judge has dismissed all charges against five guards from US security firm Blackwater over the killing of 17 Iraqis in 2007.

As well as the 14 counts of manslaughter, they had faced 20 counts of attempted manslaughter and one count of using a machine gun to commit a crime of violence, a charge that carries a 30-year minimum sentence.

:thefinger:

Myra Bronstein Wrote:

Peter Lemkin Wrote:...followed by more bad news in the Judge's 'decision'....

Blackwater was cleared of guilt for the alleged unprovoked 2007 shootout which killed 17 Iraqis... for use of improper evidence in the case.

A US federal judge has dismissed all charges against five guards from US security firm Blackwater over the killing of 17 Iraqis in 2007.

As well as the 14 counts of manslaughter, they had faced 20 counts of attempted manslaughter and one count of using a machine gun to commit a crime of violence, a charge that carries a 30-year minimum sentence.

:thefinger:

Yup. For virtually the first news of the new year, how's that for symbolism? And continuity?

Yet another episode that's shocking but unsurprising.

Life is cheap. Oil is costly.

Peter Lemkin Wrote:

Myra Bronstein Wrote:

Peter Lemkin Wrote:...followed by more bad news in the Judge's 'decision'....

Blackwater was cleared of guilt for the alleged unprovoked 2007 shootout which killed 17 Iraqis... for use of improper evidence in the case.

A US federal judge has dismissed all charges against five guards from US security firm Blackwater over the killing of 17 Iraqis in 2007.

As well as the 14 counts of manslaughter, they had faced 20 counts of attempted manslaughter and one count of using a machine gun to commit a crime of violence, a charge that carries a 30-year minimum sentence.

:thefinger:

Yup. For virtually the first news of the new year, how's that for symbolism? And continuity?

Yet another episode that's shocking but unsurprising.

Life is cheap. Oil is costly.

......and O'bomb-em lied and lied and lied....and I can't believe the Average supporter is still 'waiting' for him to deliver. He is delivering - a kinder and gentler and much more articulate and educated SAME DEAL as we had before!

Quote:Ex-Workers Accuse Blackwater Security Company of Defrauding the U.S. for Years

WASHINGTON — Two former employees of Blackwater Worldwide have accused the private security company of defrauding the government for years by filing bogus receipts, double billing for the same services and charging government agencies for strippers and prostitutes, according to court documents unsealed this week.

In a December 2008 lawsuit, the former employees said top Blackwater officials had engaged in a pattern of deception as they carried out government contracts in Iraq and Afghanistan, and in Louisiana in the aftermath of Hurricane Katrina.

The lawsuit, filed under the False Claims Act, also asserts that Blackwater officials turned a blind eye to “excessive and unjustified” force against Iraqi civilians by several Blackwater guards.

Blackwater has earned billions of dollars from government agencies in the years since the Sept. 11 attacks, when the company won contracts to protect American diplomats in Iraq and Afghanistan. The former employees who filed the lawsuit, a married couple named Brad and Melan Davis, said there was little financial oversight of the money.

Last year, an audit by the special inspector general for Iraq reconstruction and the State Department’s inspector general found that the State Department had overpaid Blackwater $55 million because the company had failed to adequately staff its teams assigned to protect American diplomats in Iraq.

The documents detailing the Davises’ accusations were unsealed after the Justice Department declined to join in the case against Blackwater, which last year changed its name to Xe Services. A Xe spokeswoman did not return a message seeking comment about the case.

In an interview on Wednesday, Ms. Davis said that she and her husband had decided to proceed with the case because “it’s the right thing to do,” and that it was time for “the truth from inside the company” to be made public. If the government is able to recover money from Blackwater as a result of the lawsuit, the Davises could claim a percentage as whistleblowers.

Mr. Davis, a former Marine, performed a number of jobs for the company, including working as a private security guard in Iraq.

Ms. Davis was fired from the company, and she is challenging the legality of her dismissal. Mr. Davis voluntarily resigned from the company.

According to the lawsuit, Ms. Davis raised concerns about the company’s bookkeeping with her bosses in March 2006, when she was handling accounts for the company’s contracts with the Federal Emergency Management Agency and the Department of Homeland Security. The lawsuit claims she was told to “back off,” and that she “would never win a medal for saving the government money.”

Ms. Davis also asserts that a Filipino prostitute in Afghanistan was put on the Blackwater payroll under the “Morale Welfare Recreation” category, and that the company had billed the prostitute’s plane tickets and monthly salary to the government.

She also said Blackwater management used a subsidiary company, Greystone Ltd., to double bill the government for plane tickets between the United States and Amman, Jordan, which served as a transit point for the company’s employees in Iraq.