Immunity Jeopardizes Iraq Probe

So the Blackwater Guards are not only immune from prosecution in Iraq, it seems that they will be immune in the US because their testimony can not be used! The case of a guard who shot and killed an Iraqi vice-president's bodyguard last Xmas eve has still not be acted upon by the Justice Dept. Justice is not only blind, it seems to have top speed of a turtle.

Immunity Jeopardizes Iraq Probe
Guards' Statements Cannot Be Used in Blackwater Case

By Karen DeYoung
Washington Post Staff Writer
Tuesday, October 30, 2007; A01



Potential prosecution of Blackwater guards allegedly involved in the shooting deaths of 17 Iraqi civilians last month may have been compromised because the guards received immunity for statements they made to State Department officials investigating the incident, federal law enforcement officials said yesterday.

FBI agents called in to take over the State Department's investigation two weeks after the Sept. 16 shootings cannot use any information gleaned during questioning of the guards by the department's Bureau of Diplomatic Security, which is charged with supervising security contractors.

Some of the Blackwater guards have subsequently refused to be interviewed by the FBI, citing promises of immunity from State, one law enforcement official said. The restrictions on the FBI's use of their initial statements do not preclude prosecution by the Justice Department using other evidence, the official said, but "they make things a lot more complicated and difficult."

Under State Department contractor rules, Diplomatic Security agents are charged with investigating and reporting on all "use of force" incidents. Although there have been previous Blackwater shootings over the past three years -- none of which resulted in prosecutions -- the Sept. 16 incident was by far the most serious. The Bureau of Diplomatic Security was under pressure to quickly determine what had happened in what soon became a major controversy in Baghdad and Washington.

It is unclear when or by whom the grant of immunity was explained to the guards. Under federal case law applying to government workers, only voluntary answers to questions posed by the employing agency can be used against them in a criminal prosecution. If an employee is ordered to answer under threat of disciplinary action, the resulting statements cannot be used.

"You can't use the fruits of that statement," another law enforcement official said. "It doesn't prevent them from talking [to the FBI], but . . . why run the risk? I think any lawyer would advise against it. "

Diplomatic Security spokesman Brian Leventhal declined to comment on the situation, first reported yesterday by the Associated Press. Anne Tyrrell, a spokeswoman for North Carolina-based Blackwater Worldwide, also declined to comment.

State Department spokesman Sean McCormack referred all questions to the Justice Department. "But if anyone has broken the rules or applicable laws, they should be held to account," McCormack said.

Blackwater chief executive Erik Prince has said the personal security guards, contracted by the State Department from his company to protect U.S. diplomats in Iraq, came under fire in a Baghdad traffic circle and shot only in self-defense. But the Iraqi government, which has conducted its own investigation, concluded that the Blackwater guards fired the only shots in the incident and were completely at fault. A U.S. military investigation also concluded that the shootings were unprovoked.

Amid growing diplomatic tension and congressional criticism, Secretary of State Condoleezza Rice asked the FBI to take over the case to avoid an appearance of a conflict of interest between the department's Diplomatic Security agents in Baghdad and the Blackwater personnel they supervise.

Although the FBI maintains an office at the U.S. Embassy in Baghdad, a team of Washington-based agents was dispatched as additional insurance against what one administration official called a possible "taint" on the investigation's objectivity. To ensure a firewall, FBI investigators were barred from reading interviews and reports on the incident gathered by Diplomatic Security agents.

Several of the Blackwater personnel, however, asserted that they had already told their stories, under immunity grants from the State Department, and declined FBI interviews that could be used against them, law enforcement officials said.

The immunity claim rests on what are called "Garrity warnings" and "Kalkines warnings," both named after federal court cases from the 1960s and '70s that recognized the special circumstances of government employees in criminal cases involving their jobs. "The government wears two hats" when it launches internal criminal investigations, one law enforcement official said. The rulings were intended to protect the rights of government employees.

The FBI investigators sent to Baghdad are due to return to Washington early this week and will then turn the information they gathered over to the Justice Department, which will decide whether prosecution is warranted. An earlier case, involving the shooting of a bodyguard of an Iraqi vice president by a Blackwater contractor last Christmas Eve, was referred to Justice months ago, but there has been no prosecution.

Law enforcement officials have said it is unclear whether the contractors, who are immune from Iraqi law under an order promulgated by the U.S. occupation government in 2004, are liable under any U.S. law. The administration has said it opposes a bill passed by the House last month that would place State Department contractors under laws that currently apply only to Pentagon contractors.

Administration officials have said that the Christmas Eve case has languished because of the legal uncertainties.

But in congressional testimony last week, Rice said that the holdup was "not the absence of law . . . it's a question of evidence."

Staff writer Dan Eggen contributed to this report.

Blackwater won't allow arrests of its guards.

This is a printer friendly version of an article from the Washington Times. Now that would be a nice confrontation. Iraqi police come to arrest Blackwater guards and Blackwater engages them in battle! Of course it won't happen as Maliki knows he can't so brazenly go against the wishes of his backers.
Prince insults the Iraqi government by insisting that there is no functional court system where Westerners could get a free trial. Apparently it is fair enough though that Saddam Hussein and some of his henchmen could be turned over to the system for trial and execution! Also, Westerners not protected by being immune are no doubt regularly subjected to that system.


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Article published Oct 17, 2007
Blackwater won't allow arrests


October 17, 2007


By Sharon Behn - A defiant Blackwater Chairman Erik Prince said yesterday he will not allow Iraqi authorities to arrest his contractors and try them in Iraq's faulty justice system.

"We will not let our people be taken by the Iraqis," Mr. Prince told editors and reporters at The Washington Times. At least 17 of 20 Blackwater guards being investigated for their roles in a Sept. 16 shooting incident are still in a secure compound in Baghdad's Green Zone and carrying out limited duties.

Two or three others have been allowed by the State Department to leave the country as part of their scheduled rotation out of Iraq and are expected to return.

"In an ideal sense, if there was wrongdoing, there could be a trial brought in the Iraqi court system. But that would imply that there is a valid Iraqi court system where Westerners could get a fair trial. That is not the case right now," said Mr. Prince.

Mr. Prince also expressed his disappointment that the State Department has not come to the company's defense, even though it has never lost a State Department client in years of protecting them.

"For the last week and a half, we have heard nothing from the State Department," said Mr. Prince. "From their senior levels, their PR folks, we've heard nothing — radio silence.

"It is disappointing for us. We have performed to the line, letter and verse of their 1,000-page contract," he said. "Our guys take significant risk for them. They've taken a pounding these last three years."

A number of Blackwater contractors, most of whom come from military and law-enforcement backgrounds, have been killed in action or grievously wounded in Iraq while running more than 16,500 security missions in the past three years.

Iraq's government, outraged by the Sept. 16 incident in which up to 17 Iraqis were killed as Blackwater staff tried to clear a crowded traffic circle, has accused the U.S. firm of unprovoked and random killings. Blackwater says its men were defending themselves after coming under fire.

The State Department has since ordered that cameras be placed in Blackwater security vehicles and that Diplomatic Security agents accompany Blackwater staff on missions. Mr. Prince said his company had recommended both those steps in 2005 and that the proposals were "buried" by the department.

Iraqi Prime Minister Nouri al-Maliki demanded yesterday that Blackwater leave Iraq and pay $8 million to the family of each of the 17 victims. Iraqi Human Rights Minister Wijdan Salim said the American guards responsible should stand trial in Iraq, the British Broadcasting Corp. reported.

Mr. Prince, a 38-year-old former Navy SEAL, said if there was any evidence of wrongdoing, his employees could be tried in the United States by a jury of their peers under the Uniform Code of Military Justice.

He said the hostility toward Blackwater was partly driven by partisan politics from the Democrat-led Congress and the news media.

"The far left was unsuccessful in attacking [Army Gen. David H.] Petraeus and defunding the war, forcing a pullback of the U.S. troops," he said. "I think part of the strategy might be to undermine some other part of the support infrastructure, and that would be contractors that are an important part of the supporting package there in Iraq."

He said the scrutiny by Congress, which Democrats say is aimed at better oversight, may have backfired.

"What has happened in the last six to nine months is we've seen the U.S. government, [Department of Defense] in particular, awarding a lot more work to non-U.S. companies ... because it is harder to drag those guys before Congress," Mr. Prince said.

"And there is less oversight, there is less accountability, there is less visibility into those operations."

Mr. Prince has been caught in a partisan crossfire since shortly after last year's election, when a trial lawyer targeting Blackwater lobbied then-House Speaker-elect Nancy Pelosi, California Democrat, for hearings on the "extremely Republican" company.

Mr. Prince emphasized that his guards are proven professionals, recruited on the basis of their prior military, special operations and law-enforcement experiences.

"They go through extensive vetting, training, 160 plus hours of security training, psychological evaluations, security clearances, background checks" and cultural training, he said.

Iraqis and other expatriate security companies on the ground in Iraq have complained that Blackwater guards have been overly and unnecessarily aggressive in their attitudes.



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