Blackwater Seeks Rule of Law Over Local Political Biases

Though District Judge Marilyn Huff's decision to issue a temporary restraining order against the City of San Diego - seen as a landmark case for the rule of law - has allowed Blackwater Worldwide to begin training US Navy personnel to better defend their ships, the order was only temporary. Now Blackwater is making the full case that the operating permits should be made permanent, the San Diego Union-Tribune reports.

“In a legal document filed Friday, the company states: 'At the simplest level, Blackwater seeks the protection of the federal court system to avoid parochialism and local political bias.' Blackwater maintains its position that it was entitled to open the training center with its existing permits; that its civil rights to due process are being violated; and that failure to open on time would jeopardize its contract with the Navy.”

Put simply, Blackwater wants the rights granted to any other business in San Diego, which would in turn allow it to honor its US Navy contract and help keep American sailors safe. The company wants to stop local politics from subverting the rule of law. Is that too much to ask?

Federal Court Decision a Victory for 'Rule of Law' Against 'Pandering Politicians'

The editors of the San Diego Union-Tribune wrote an excellent editorial piece praising a federal court's defense of Blackwater as a victory for the "rule of law" against "pandering politicians."

The newspaper praised US District Judge Marilyn Huff's decision to force the City of San Diego to issue the permits Blackwater had coming for its naval training facility. The editors contend that the recent decision "should put a damper on the political posturing and petty pandering over Blackwater Worldwide before it winds up costing San Diego taxpayers millions of dollars in a legal judgment."

Moreover, the Union-Tribune editorial board points out that "as a candidate for city attorney, City Councilman Scott Peters started the hullabaloo. Considering his distant third-place finish in the race last week, voters were not too impressed with his huffing and puffing over Blackwater's plans to open an anti-terrorism training center for Navy personnel." The editors conclude:

At times like this, thank heavens for the rule of law and the role of the courts in enforcing it in the face of countervailing political opinion. After Blackwater made a strong case that its rights to due process were being violated arbitrarily by pandering politicians, Judge Huff issued a temporary restraining order requiring Peters, Aguirre and Sanders to get out of the way and allow the project to proceed....

The opponents never had a case on land-use grounds. Their opposition was really rooted in Blackwater's unpopularity as a controversial military contractor in Iraq. Blackwater's political opponents are entitled to voice their opinions, but they are not allowed under the law to deny a valid land-use permit to Blackwater simply because of their political objections. Thank you, Judge Huff, for setting the politicians straight.

Judge to Decide Permit on Tuesday

US District Court Judge Marilyn L. Huff said she will decide until Tuesday whether to order officials of the City of San Diego to issue a permit that would allow Blackwater Worldwide to open a training center for the Navy, the San Diego Union-Tribune reported.

But in questions and comments to lawyers Huff indicated she was inclined to grant the company's request for a temporary restraining order, which would allow them to begin operations.

"Questions came hard and fast from U.S. District Court Judge Marilyn Huff as the city laid out its claim that Blackwater misled officials about the nature of the facility, which includes indoor firing ranges and a multi-level mock ship bulkhead built out of cargo containers: Did Blackwater fail or skip any required inspections? (It did not.) Why hadn't other firing ranges undergone the same degree of scrutiny the city proposes for Blackwater? Did the city object to Blackwater itself?" the Union-Tribune writes in another article.

Moreover, the Union-Tribune points out that Huff's ruling will come on election day, depriving any city council candidates - either incumbents or challengers - of political fodder.

Blackwater Won't Build in Potrero

Blackwater's opponents are rejoicing that the company is not going ahead with a planned facility on a site in Potrero, CA (pictured). What caused the private security contrator to change its mind? Fiery environmentalists? Political protesters? Hippie pacifists? Actually, it was the acoustics.

"Recent noise tests indicated that sound levels in the bowl-shaped valley exceeded the county limits and would have been prohibitively expensive to fix," the San Francisco Chronicle reports.

"The decision was ultimately made yesterday based on the fact that there was no feasible mitigation with regard to our noise tests," Brian Bonfiglio, Blackwater vice president, told the Associated Press "You'd basically have to put roofs on every single range. It's not workable."

"Blackwater has maintained its position from the very beginning that if we could not meet or exceed (California) and San Diego County guidelines that we would not proceed, and we are keeping to that commitment," Bonfiglio was reported by the San Diego Union-Tribune as saying.

Still, some are tempted to read more into the story. A source close to Blackwater lays these notions to rest: "The company decided for business reasons that the site wasn't worth the planned investment. It could have countered the protesters and challenged the recall vote with a very modest outlay, but opted out completely. [Blackwater] requires either more land or a topography surrounded by high and steep hills to contain the shooting noise.... For the protesters to claim victory is like claiming credit for the sunrise."

Blackwater undaunted; will expand training centers

Undaunted by partisan political attacks and a politically motivated lawsuit, Blackwater says it's committed to expanding its operations from coast to coast, and that it intends to build its police training facility in San Diego County.

Antiwar activists are intent on stopping the planned Blackwater training facility at Potrero, California, but Brian Bonfiglio, a company vice president overseeing the project, tells the San Diego Union-Tribune, "Their charter is to make this thing work even more now."

Activists are trying to stir up public oppsition to the 824-acre development by saying that Blackwater will train "mercenaries" there, but they're flat wrong, says Bonfiglio. "No independent contractors would be trained here," he says. Just law enforcement and military personnel.