All Blackwater Charges Dismissed (Updated)
[Guest post by DRJ]
U.S. District Judge Ricardo Urbina today dismissed all manslaughter and weapons charges against five Blackwater security guards accused of killing 17 Iraqi citizens in Baghdad in 2007, citing government overreaching:
“Justice Department prosecutors improperly built their case on sworn statements that had been given under a promise of immunity. Urbina said the government’s explanations were “contradictory, unbelievable and lacking in credibility.”
Apparently the court found the government compelled the guards to provide evidence against themselves in the equivalent of a Garrity interview. In Garrity v New Jersey, the United States Supreme Court “held that when a police officer is coerced, under threat of discipline, to give a statement, the officer is immunized against the use of the statement in a subsequent criminal prosecution.” The Blackwater case involved a similar situation:
“After the shooting, the State Department ordered the guards to explain what happened.
Investigators promised the men that their statements were to be used only for the internal inquiry and would not be introduced in a criminal case. Such limited immunity deals are common in police departments so officers involved in shootings cannot hold up internal investigations by refusing to cooperate.
The deal meant that prosecutors had to build their case without using those statements. Urbina said the Justice Department failed to do so. Prosecutors read those statements, reviewed them in the investigation and used them to get search warrants, Urbina said.”
Judge Urbina did not reach the issue of whether the shooting was proper.
This incident was very controversial in Baghdad and the Iraqi government pressed to have charges filed in Iraq instead of the United States. This dismissal will likely result in a backlash from Iraqis.
— DRJ
UPDATE 1/1/2010 — Outrage from Iraq:
“The Iraqi government vowed to pursue the case, which became a source of contention between the U.S. and the Iraqi government. Many Iraqis also held up the judge’s decision as proof of what they’d long believed: U.S. security contractors were above the law.”
When lawyers built, and continue to construct, the legal system we have, then all must be willing to abide by the rules the rule makers have set forth.
A very long time ago, lawyers said F-It to justice, the concern was following the 1001 rules they created.
This dismissal will likely result in a backlash from Iraqis.
Good, then we can pull up our pants and come home, they can build their own water and power systems and schools and hospitals too.
TC (0b9ca4) — 12/31/2009 @ 3:43 pmthis was politically motivated BS from jump street.
as for the Iraqis, let them bitch and moan all they want.
redc1c4 (fb8750) — 12/31/2009 @ 3:52 pmNice to see rights afforded to those who actually are entitled to them.
Ed from SFV (1333b1) — 12/31/2009 @ 4:07 pmThe election is over and the Obamis are giving up, at last, on prosecuting Bush and Cheney. Why push this anymore ? They accomplished their purpose.
Mike K (2cf494) — 12/31/2009 @ 4:12 pmJust for some tangential background information, provided by my daughter (more from her above and below the link):
John Hitchcock (3fd153) — 12/31/2009 @ 4:22 pmFine then. The victims of the massacre should be allowed to sue Blackwater/Xe in a civil lawsuit. Of course, thanks to the precedent set by Saleh v. Titan they probably won’t be able to do even that.
Yes, because sand niggers don’t have rights. Only our Glorious Aryan Private Warriors are entitled to such liberties.
AJB (3008d4) — 12/31/2009 @ 4:26 pmObviously, AJB has a very serious problem with his or her severe racism. Thank you for your bilgewater, AJB, as you drive on by.
John Hitchcock (3fd153) — 12/31/2009 @ 4:28 pmStay classy, AJB, and leave the projection on another blog.
h2u (147639) — 12/31/2009 @ 4:34 pmAha, yes. By pointing out the double standard in which Arabs detained by the US military are considered subhuman while mercenaries (hired murderers) are given all the benefits the Constitution affords them in addition to broad immunity from civil lawsuits I am the real racist.
Next you’ll be telling me how librulz are the real fascists because Hitler was a vegetarian or some shit like that.
AJB (3008d4) — 12/31/2009 @ 4:36 pm“the government’s explanations were “contradictory, unbelievable and lacking in credibility.”
Wow, that statement applies to 99% of all Obama’s policies or attempted polices.
Pons Asinorum (ea2afc) — 12/31/2009 @ 4:46 pmtry that again 😉
*of Obama’s policies or attempted policies.*
Pons Asinorum (ea2afc) — 12/31/2009 @ 4:47 pmOnly our Glorious Aryan Private Warriors are entitled to such liberties.
Comment by AJB
Yes, and DailyKos is just around the corner. I hope you fell better soon. Markos shares your feelings about our military and especially those security guards.
Mike K (2cf494) — 12/31/2009 @ 5:17 pmThis is disgusting.
Apparently murdering 17 innocents in broad daylight with a ton of witnesses is completely fine if you are a private company and can find a dubious technicality.
Matt (87988f) — 12/31/2009 @ 5:36 pmBlackwater’s personnel claimed from the get-go that they were taking incoming before they responded.
But, State required that all bullet damage to the vehicles be repaired immediately, even before the investigation was begun.
Therefore, the best evidence of self-defense was taken away from them due to a mind-less requirement at State that all vehicles be “showroom ready”.
This was a Kangaroo Kourt from the outset, set into motion by the wailings from the Iraqi government.
We see the same situations in AfPak with every use of air-power:
Karzai is constantly claiming that every Afghan casualty is an innocent civilian.
And, AJB: In the scheme of things, doggie-do on the sole of a combat boot ranks higher than you.
AD - RtR/OS! (c7228f) — 12/31/2009 @ 5:44 pmWhy is it that mindless trolls seem to travel in pairs lately?
AD - RtR/OS! (c7228f) — 12/31/2009 @ 5:46 pmAD, it’s because one is external and the other is internal.
John Hitchcock (3fd153) — 12/31/2009 @ 6:09 pmJH, do you think we could get our host to install a Preparation-H filter?
AD - RtR/OS! (c7228f) — 12/31/2009 @ 6:26 pmFrom the article: “An FBI investigation found that at least 14 of the 17 Iraqis killed were shot without cause.”
If you can’t determine where the fire is coming from, just shoot every Iraqi you see — right?
How would you guys feel, if, I don’t know, some foreign embassy guards in D.C. shot up 17 Americans because they “thought” they were “taking fire” and “decided” to “neutralize” all possible “threats?”
At the least, you’d want them to face trial. At least I hope so.
Cranky (f8bef7) — 12/31/2009 @ 10:25 pmIt got William Ayers off the hook…
Scott Jacobs (d027b8) — 1/1/2010 @ 1:22 amIn a word, “yes”.
When being fired upon, and when unable to determine exactly where the fire is coming from, shooting every God Damn thing that moves is perfectly valid.
You would prefer, perhaps, more dead Americans?
Scott Jacobs (d027b8) — 1/1/2010 @ 1:24 amAJB – Aryan military? Really?
Matt – You should prolly read the post before puking out your crap.
JD (4f510e) — 1/1/2010 @ 5:51 amI updated the post with the Iraqi response.
DRJ (84a0c3) — 1/1/2010 @ 12:40 pmWhen you’re in a war-zone, the only law is the law-of-the-gun – particularly when the other side wears no identifiable uniform.
Guilty, until proven innocent – or dead!
AD - RtR/OS! (cd4296) — 1/1/2010 @ 12:53 pmbreaking: US mercenaries murder innocent Iraqi civilians for literally no reason and get away with it
TRI (e10a0e) — 1/1/2010 @ 8:49 pm