Obama Administration Stands by DoD Ruling that Protects Blackwater Men

The Department of Defense is standing by a 2007 letter that guts federal prosecutors' case against five former Blackwater diplomatic security guards.

Prosecutors have built their case against the Raven 23 team members on the thinnest of legal principles, with forensic evidence so weak that they can't even say who allegedly killed whom in the September 2007 shootout at Nisoor Square in Baghdad.

One of those legal tenets is the idea that the Blackwater guards, who are hired by the State Department and not by the Defense Department, are actually operating in support of a DoD mission and therefore are liable under federal laws governing DoD.

Now, the Associated Press is reporting that the Obama administration is standing by a 2007 letter by Deputy Defense Secretary Gordon England, who wrote that the Blackwater contractors "were not engaged in employment in support of the DoD mission" and that consequently the Justice Department lacked jurisdiction to try the men.

Pentagon spokesman Chris Isleib tells AP that DoD's view is unchanged.

Congress had written the law to apply only to contractors in support of DoD missions, not State Department missions. When Blackwater became a politically partisan issue, lawmakers critical of the Bush Administration tried to bend the meaning of the law to make it apply to the State Department security contractors. Prosecutors, under pressure to appease the Iraqi government to try the men, used that same flawed logic.

According to AP, "Defense contractors can be prosecuted in US courts for crimes committed overseas, but because of a legal loophole, contractors for other agencies can face charges only if their work assignments supported the Defense Department. Blackwater, the largest security contractor in Iraq, works for the State Department. Five of its guards face manslaughter charges for a 2007 shooting that killed 17 Iraqis."

The defense team has provided evidence showing that their convoy was fired upon, and not even the prosecutors are attempting to prove who killed whom. Other reports say that a number of the Iraqi dead did not undergo autopsies prior to burial.

Scholar: US Left 'Legal Vacuum' for Contractors

The US government and Congress failed to update laws and regulations to govern the actions of private military contractors abroad, creating a "legal vacuum" that will make it extremely difficult to make its case against former Blackwater men accused of killing civilians while protecting an American diplomat.

"Carl Tobias, a professor at the University of Richmond School of Law, said it would be difficult for the government to win the case because of jurisdictional questions and the immunity issue," the Los Angeles Times reports.

"'Some of these problems result from the U.S. government's failure to create a clear, workable framework for private security contractors, so they operated in a legal vacuum,' Tobias said."

Congressmen Accuse Waxman of Blocking Probe of Corrupt Colleagues

Congressman Henry Waxman (pictured), who has raised eyebrows by doing favors for a trial lawyer with a business interest in trashing Blackwater, now stands accused by two other lawmakers of blocking a probe into congressional corruption.

Reps. Darrell Issa (R-CA) and Mark Souder (R-IN) have filed a complaint with the House Ethics Committee over a published report that a mortgage company "gave illegal mortgages prohibited by House rules to members of Congress, congressional staff and other officials," Fox Business reports.

The lawmakers say that Waxman, chairman of the House Committee on Oversight and Government Reform, "is ignoring their demands for an investigation into cheap, VIP mortgages allegedly given by Countrywide Financial to House staff members and elected officials."

Issa and Sounder went to the House Ethics Committee after Waxman twice declined to pursue the issue, saying that it isn't the duty of his panel to investigate cases involving alleged corruption of his colleagues and their aides.

Waxman is making up stories again

Congressman Henry Waxman (D-Cal.), who is using his chairmanship of a House oversight panel to help a trial lawyer sue Blackwater, is recycling his old allegations into new headlines again.

This time he's generating news by repeating old statements alleging that Blackwater's contractors aren't really contractors, and that the security provider should be paying tens of millions of dollars in back Social Security, Medicare and other federal taxes. He's now accusing the company of committing a crime.

As part of the Democrat Party's jihad against defeating al Qaeda and Iranian-backed terrorists in Iraq, Waxman is trying to bring financial ruin on the company that serves a linchpin to ensure secure US diplomatic operations in Baghdad. He's also helping a big California trial lawyer sue Blackwater for at least $20 million. The trial lawyers are the largest business group that funds Waxman's party. Lawyers in general give overwhelmingly to Democrats.

Text of Blackwater statement on Fallujah ambush

Blackwater's First Public Response on Fallujah:

Murdered Blackwater Men Were the Victims of a Well-Coordinated Ambush and Attack - A tragedy for which no one but the terrorists are to blame

Moyock, NC - In response to a document issued by Chairman Waxman's Majority Staff in September, Blackwater has issued its own report that is the first publicly available account by Blackwater on the tragic events leading to the death of four of its personnel in Fallujah on March 31, 2004.

The full Blackwater report, available on Blackwater's website at http://www.blackwaterusa.com/press_releases/pr_07-10-23.asp, explains the following:

Blackwater personnel were deliberately led into a well-planned ambush by personnel of the Iraqi Civil Defense Corp and enemy insurgents.

Blackwater uses the facts to refute findings of the Majority Staff Report regarding the staffing, preparation, equipment and other resources used: the experienced team of military veterans who were killed, including an Arabic speaker, had all of the resources they needed.

The Majority Staff Report seeks to assess blame for the death of Americans in Fallujah. Within a year of these events Fallujah was the subject of significant U.S. military effort and casualties, when Marines and Army personnel were required to take this city back from the enemy insurgents block by block, and faced severe and well organized military resistance.

The lower profile manner by which the Fallujah mission was carried out is blamed by the Majority Staff for the death of the Blackwater personnel. The same staff has criticized Blackwater for excessive use of force on September 16, 2007. For years Blackwater critics have inappropriately and inconsistently labeled Blackwater as being too casual and unprepared (see Fallujah) and too aggressive (see September 16). The truth is Blackwater professionals are the same personnel trained by the U.S. military and law enforcement, and who do their best every day in a very dangerous war zone, where the enemy has a vote.

Blackwater demonstrates the significant overlap between the complaint of trial lawyers suing Blackwater and the findings of the Majority Staff Report.

The entire Blackwater family mourns the loss of these heroic lives. Our thoughts remain with their families.

Guided by integrity, innovation, accountability, and a desire for a safer world, Blackwater Worldwide leverages state-of-the-art training facilities, professional program management teams, and innovative manufacturing and production capabilities to deliver world-class, customer-driven solutions.

USA Today: Blackwater 'goes on the offensive'

Blackwater Worldwide is going "on the offensive" to muster support in Congress, USA Today reports.

It's not a very big offensive, though. The headline looks a bit overblown. The "offensive" consists of a single e-mail to friends and supporters, urging that they tell Congress "the Blackwater story."

Click here for a PDF of the email that Blackwater sent to Michael Carney at USA Today. Here's the full text:

A Request for Your Support

The Blackwater family is comprised of dedicated and active service providers that work vigorously to support the American nation. In this tumultuous political climate, Blackwater Worldwide has taken center stage, our services and ethics aggressively challenged with misinformation and fabrications. Letters, e-mails and calls to your elected Congressional representatives can and will create a positive impact by influencing the manner in which they gather and present information.

While we can’t ask that each supporter do everything, Blackwater asks that everyone does something. Contact your lawmakers and tell them to stand by the truth. Correspondence should be polite and professional. We don’t support generating negative messages. Tell the Blackwater story and encourage your representatives to seek the truth instead of reading negative propaganda and drawing the wrong conclusions.

Suggested themes:

- Cost efficiency of Blackwater – saving the US taxpayer millions of dollars so that the US Government doesn’t have to take troops from their missions or send more into harms way

- Professional population of service veterans and mature law enforcement personnel

- Sacrifice in lives lost by Blackwater saving US diplomats without one single protectee harmed

If you see a lawmaker speaking good things about Blackwater, contact their offices and let them know that they have your support. Find and contact your federal, state, and local officials by visiting http://www.congress.org/.

Expanding our communications effort starts with you. Pass the word – pass the truth.