Curious Timing: Is US Using Prosecutions to Curry Favor with Iraqi Factions?

Defense counsel for the three retired Marines and two former soldiers - the Blackwater guards being put on trial for the Nisoor Square incident - say that the US Justice Department is acting more like it wants to curry favor with certain Iraqi factions than to ensure justice.

"We are . . . very concerned about the political considerations that appear to have motivated this indictment," the defense team says in a court document posted on Raven23.com. "It is unusual to say the least for the DOJ to bring high profile criminal charges in a case with international political overtones during the transition of presidential administrations and Justice Department officials.

"However, in the past weeks and months the U.S. Government has been negotiating a Status of Force Agreement with the Iraqi Government that will govern the future of the U.S. military presence in Iraq and has been anxious to see it ratified by the Iraqi Parliament. During this same period the Department of Justice has been conducting its investigation and has also sent agents to Iraq to provide briefings on this case.

"The filing of these charges at this time gives every appearance that these young men are being prosecuted to curry favor with factions in the Iraqi government that have been hostile to the U.S. presence and highly critical of the conduct of U.S. forces. More simply put, the DOJ indictment at this delicate time creates an overwhelming appearance of political influence in an effort to win support in Iraq. This is intolerable."

Blackwater Man Joined Marines After 9/11 to 'Honor' his Father

Donald Ball, one of the former Marines being charged with crimes allegedly committed while protecting an American diplomat in Baghdad under contract with Blackwater, joined the military after the 9/11 terrorist attacks.

"A decorated Marine, Donald Ball had completed three tours of duty in Iraq when he decided to return as a guard. He originally joined the U.S. Marines after the Sept. 11, 2001, terrorist attacks, [brother] Troy Ball said, to honor their father after his 1999 death of a heart attack," the Salt Lake Tribune reports.

"'It was his way of making a difference in the world,' Troy Ball said, calling his brother a hard worker and Eagle Scout who had a great love for his country.

"After three tours of duty, Ball returned to Iraq as a Blackwater guard.

"'He was doing what he felt was right,' he said."

Ball is pictured above. Friends are turning out to show their support for him and his colleagues as they face arraignment.

'Locals Support Embattled Blackwater Guard'

Support is pouring in from people who know the Blackwater security men accused of crimes while defending an American diplomat in Baghdad. One of the accused, former Marine Corporal Evan Liberty (pictured) of New Hampshire, is getting praise for his spirit of volunteerism, discipline and patriotism.

"I can't speak any higher of the guy," says Chris Buslovich, who enlisted in the Marines with Liberty eight years ago.

Buslovich tells Foster's Daily Democrat, the hometown newspaper of Liberty in New Hampshire, saying the Marine "wanted to do more" and underwent "grueling training" to be part of the Marines' elite security guard force to protect American embassies. According to Foster's Daily Democrat, "Liberty eventually did become a guard and served in security detachments for the US embassies in Egypt and Guatemala, where he earned numerous commendations."

In 2005, after leaving the Marines, Liberty signed up to train with Blackwater, a company that Buslovich calls the "Marine Corps of contractors."

"They're the best of the best," he says.

Are military vets who sign up with Blackwater driven by greed, as the critics allege? The paper reports that Buslovich says such a perception is wrong: "they risk their lives in dangerous places like Iraq to protect people they 'don't even know.'"

AP: 'All decorated military veterans who have served in some of the world's most dangerous places'

A change of tone from the Associated Press duo covering the Blackwater Nisoor Square issue.

Matt Apuzzo and Lara Jakes Jordan report in what AP calls a "breaking news update":

• "The five Blackwater Worldwide guards indicted for a deadly 2007 Baghdad shooting are all decorated military veterans who have served in some of the world's most dangerous places."

Is Justice Department Advising Iraqis How to Sue Blackwater?

Is a Justice Department bureaucrat in Iraq right now advising Iraqis how they can sue Blackwater?

That's what the New York Times is reporting. In a December 7 story headlined, "US Prosecutor Goes to Iraq to Work on Blackwater Case," the Times says that the Justice Department official will meet with families of those shot in the September 16, 2007 Nisoor Square incident and help them "make claims."

The source is an anonymous Iraqi official. The Times does not identify the US prosecutor.

The place of the meeting looks like someone purposely planned to inflame sentiments. According to the Times, the Justice Department bureaucrat will meet with families at "a large dining center in Iraq’s National Police Headquarters, just a stone’s throw from Nisour Square."

"'The prosecutor is coming on Saturday to tell people what is going to happen, and especially how to make claims,' said the official, who asked not to be identified because he was not authorized to speak about the investigation. “He will speak in front of all of them. The families of the victims deserve to know what comes next.”

If the report is true, the unnamed bureaucrat will put the Justice Department in the awkward position of helping professional terrorist defense lawyers and lawyers for cop-killers, including a lawyer for an identified al Qaeda front group. The lawyers have banded together to sue Blackwater on behalf of Nisoor families.

Justice Department 'Reckless' in Assault on Blackwater Men

"Lawyers for the five Blackwater guards indicted by the Justice Department in connection with a 2007 shooting in Baghdad accused the government of overstepping its authority and recklessly staining the reputations of five decorated veterans who had honorably served their country," the New York Times reports today.

"Justice officials have faced trouble with the case nearly from the start," adds the Wall Street Journal. "Investigators from the State Department, which had jurisdiction over the guards, gave the men immunity in exchange for providing statements immediately following the incident. Federal Bureau of Investigation agents arrived to take over the probe weeks later, having to reconstruct a crime scene on public streets, and tracking down witnesses. The men said they fired in response to shooting from insurgents; some Iraqi witnesses disputed that there was any firing other than that by the Blackwater guards."

"These battlefield incident prosecutions are notoriously difficult to win no matter what the forum," says former Navy lawyer Tara Lee.

"Plaintiff attorneys also plan to argue that the men's work for the State Department doesn't fall under the authority of the Military Extraterritorial Jurisdiction Act, the law originally written to cover Pentagon contractors and now being used to prosecute the men," according to the Journal.

Bureaucrats Out of Control? Decorated Veterans Indicted for Nisoor Square Incident

Decorated combat veterans - including an Eagle Scout - are among the five Blackwater security guards indicted for allegations against them for their actions while defending a US diplomat from an ambush at Nisoor Square in Baghdad.

The indicted men include three Marines, a former US Army soldier from the 82nd Airborne, and a former Army infantry soldier. During their military service, all had been decorated for good conduct and other achievements. They served in Afghanistan, Bosnia and Iraq before joining Blackwater.

They are, according to the Associated Press and Washington Post:

Donald Ball, 26, of Utah. Corporal, US Marines, 1st Battalion, 5th Marines, 2001-2005; a squad team leader with two tours in Iraq. Honor graduate, School of Infantry, Camp Pendleton, California. Among his honors: Navy and Marine Corps Achievement Medal for his leadership while coming under sniper fire; Certificate of Commendation for his combat service in Fallujah; Marine Corps Good Conduct Medal and others. The US Embassy in Baghdad praised him for heroically sticking with his mission and not losing focus in the midst "numerous improvised explosive devices and small arm attacks." Ball was an Eagle Scout.

Dustin Heard, 27, of Tennessee. Corporal, US Marines, Security Force Battalion, First Fleet Anti-Terrorist Security Team, 2000-2003. Secured oil platforms off Iraqi coast during invasion in 2003. Member, 2nd Battalion, 8th Marines, 2003-2004. Deployed to Afghanistan. Among his honors: Received three certificates of appreciation from the US Embassy in Baghdad for securing the Embassy and the "Ministry of Parliament," and for protecting Secretary of State Condoleezza Rice.

Evan Liberty, 26, of New Hampshire. Headquarters Battalion, 2nd Marine Division, 2001-2002; Marine Security Detachment, US Embassy Cairo, 2002-2003; Marine Security Detachment, US Embassy Guatemala, 2003-2004. Among his honors: Meritorious Mast, Marine Corps Good Conduct Medal, White House Communications Agency Certificate.

Nick Slatten, 25, of Tennessee. Sergeant, US Army 82nd Airborne, 2002-2006, served in Iraq; graduate of Army Sniper School, with two combat tours in Iraq. Among his honors: Army Good Conduct Medal.

Paul Slough, 29, of Texas. US Army 3rd Infantry Division, 1999-2002, with tour in Bosnia; Texas National Guard, 2/142 Infantry, 2002-2006, with tour in Iraq. Among his honors: Army Commendation Medal and Army Good Conduct Medal.

Indictment by 'Bureaucrats' to 'Second-Guess Split-Second Decisions Made by Honorable Men'

Headlines too hot for the bureaucrats? That's what the federal government's indictment of five decorated military veterans looks like. The vets were guarding a US diplomat on contract for Blackwater last year when they got into a firefight at Nisoor Square in Baghdad.

Seventeen Iraqi civilians died, and it has not been established who killed them. Blackwater provided evidence that its armored vehicles had been hit by gunfire; one was disabled from hostile shots during the September 16, 2007 incident.

The Iraqi Ministry of Interior publicly accused the Blackwater men of murder, even though it presented no evidence. Most reporting and commentary is based on the ministry's unsubstantiated allegations.

The military veterans can't speak for themselves, so their defense lawyers are fighting back on their behalf.

"The indictment is an effort by bureaucrats in Washington to second-guess split-second decisions made by honorable men during a firefight in the most dangerous neighborhood in the world," says Tom Connolly, who represents Nick Slatten, a former sergeant in the Army's 82nd Airborne who served two combat tours in Iraq prior to working for Blackwater to protect US diplomats.

"Once the jury understands the events of Sept. 16, they are not going to do what the Department of Justice is doing - which is second-guessing honorable men in a firefight," Connolly adds in a Washington Post report. "Even if they have jurisdiction, we will prevail when we meet them on the facts."

The US Attorney's office and the Justice Department won't comment. A year ago, a former US Attorney said the government would have to "shoehorn the facts" in order to make a case against the men.

A lawyer for Dustin Heard, a former Marine who served in Afghanistan and Iraq prior to joining Blackwater, says the men committed no crime but "were defending themselves and their comrades who were . . . receiving fire from Iraqis they believed to be enemy insurgents."

The US is prosecuting the veterans as individuals. Blackwater is not a defendant in the case, but has been standing by its men. (In cases of clear wrongdoing Blackwater has not hesitated to hand over its personnel to federal authorities and to assist prosecutors.)

More 'Unusual' Spin from the Associated Press

The Associated Press is a mixed bag in terms of the objectivity of its writers, so one always has to be careful when reading AP stories.

The latest cause for caution is headlined, "US Mulls Unusual Tactic as Charges Loom," by the AP's Matt Apuzzo (pictured) and Lara Jakes Jordan.

Apuzzo and Jordan breathlessly report that some people in the Justice Department are considering use of the "Anti-Drug Abuse Act of 1988" as an inspired flash of brilliance in a long-shot effort to convict Blackwater security guards involved in the September 2007 incident at Nisoor Square in Baghdad.

It's another non-story that AP axe-grinders crank out to blow more smoke about Blackwater, leading people to think there's now some kind of drug connection. There's nothing "unusual" about the 1998 law, incorporated into the federal statute called 18 U.S.C. § 924(c).

That law makes it a crime to use any gun in connection with a "violent crime." Of course, the Anti-Drug Abuse Act of 1988 was a Reagan-era law designed to crack down on drug traffickers. Now, some in the Justice Department want to twist the intent of the law so they can go after Blackwater.

The law in question provides legal beagles of the world a whole a la carte smorgasbord of extra charges to heap on an accused person in order to try to scare them into making a plea.

Abusing 18 U.S.C. § 924(c) in order to scare people of forcing a plea is nothing "unusual."

If Apuzzo and Jordan at AP had looked at the Nazario case (the Marine accused of killing Iraqis) that they trotted out in their very own article, they would have promptly seen that the charge was used there.

In fact, they could have checked out just about any federal court case involving allegations of “violent crime” and they’d have found The Anti-Drug Abuse Act charge at work.

Want a statistical measure of how “new” and “unusual” is this count? Well, in 1990 it was used 4,000 times. In 2000 it was used 5,000 times.

If our intrepid mudslingers weren’t up to going down to the courthouse and digging through legal cases (usually they're content to let trial lawyers and political hacks feed them with dirt), even though they wanted to spout off about them, they could have found out how "unusual" is use of 18 U.S.C. § 924(c) by going to Wikipedia. An entry there describes 18 U.S.C. § 924(c) as “a frequently used section of the federal criminal code.”

But we can't expect those two AP reporters to be careful or objective. Apuzzo admitted that he was a "D" student in college before he decided to become a journalist. And if AP stuck to professional journalism standards, it would never hire someone like Jordan to cover contentious political issues because her husband is a career Washington political operative.

AP's Jordan Is Wife of Partisan Political Operative

When you read Associated Press stories, pay close attention to the byline. Some AP reporters are pretty objective and try to get things right, even if we might not like the message. Others from AP sound a lot like partisan political hacks.

Washington correspondent Lara Jakes Jordan is one of them. Her reporting uniformly undermines almost anything to do with fighting terrorism, and she's been sloppy (to be polite about it) in her reporting on Blackwater.

Small wonder: Her husband, Jim Jordan, is an accomplished partisan political operative. Jim ran Senator John Kerry's political operations for five years, serving as manager of Kerry's presidential campaign.

Veteran newsman Joseph Farah commented on Lara Jakes Jordan's partisan political connection a few years back. He said, "When I got started a quarter century ago, there was an old newsroom saying that went like this: 'I don't care if you sleep with elephants as long as you don't cover the circus.'

"Mrs. Jordan violated that old newsroom ethic. She abdicated her right to cover the circus because she was sleeping with an elephant – or, in this case, a donkey."

Jordan, he wrote, is a "politically motivated reporter with a big ax to grind. . . . The largest news-gathering organization in the world, the Associated Press, owes the American people an apology for continuing to assign Lara Jakes Jordan to politically sensitive stories."

Makes you wonder whether she's part of the trial lawyers' highly partisan effort to discredit the company. A PR firm in Washington, Levick Strategic Communications, brags that it has planted "thousands" of stories in the press for its clients - clients that included captured enemy combatants in Guantanamo. Trial lawyers hired Levick to trash Blackwater. Jordan has been out front covering both the Gitmo detainee issue and Blackwater. It would be interesting to go back and check if Jordan has served as a mouthpiece for Levick's paid propaganda.

German Tanking in Afghanistan Underscores Need for Outsourcing

A German parliamentary report makes us wonder why NATO doesn't just outsource its Afghanistan police training program to people who show professionalism and accountability.

The report, which is stirring a controversy in Germany and worldwide, fuels criticisms that the Bundeswehr's 3,500-man presence in Afghanistan isn't as useful as it might be. Most German troops are stationed in the relatively quiet north, with a main job of helping the locals fight illegal narcotics production and trafficking.

US troops are forbidden to drink alcohol in Afghanistan, but NATO's contribution includes the delivery of 260,000 gallons of beer and 18,000 gallons of wine last year for the German military contingent.

A German military report says that 40 percent of its soldiers between ages 18 and 29 are overweight, and 10 percent are "clinically obese." About 70 percent are said to be heavy smokers.

German troops are not supposed to drink more than two cans of beer a day, and even then, not while on duty, according to the Defense Ministry.

One German lawmaker suggests that Berlin provide its military with "an alternative to beer drinking, such as sports and cultural activities."

We have a different idea. How about if the German military helps fight the Taliban and al Qaeda, or at least does its job of training the Afghan police to root out illegal drug production? On second thought, the Bundeswehr has already been given the chance and has blown it. Let's outsource the job to private companies.

Sellout in Iraq

It looks like the State Department has sold out its private security details by caving into Iraqi demands that US contractors lose their protection from the country's corrupt legal system.

The US military and police veterans who make up the Blackwater security presence for American diplomats in Iraq face deadly dangers every day. The accompanying ABC News photo shows a terrorist bomb going off near where Blackwater was guarding a State Department official in Iraq. And now look at what the State Department negotiated with the Iraqi government:

"'Iraq shall have the primary right to exercise jurisdiction over United States contractors and United States contractor employees,' Article 12, paragraph 1 of the agreement states. In Article 12, paragraph 8, the agreement adds, 'Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article, members of the United States Forces and of the civilian component shall be entitled to due process standards and protections consistent with those available under United States and Iraqi law.'

"The agreement," says the Washington Times in an editorial, "provides no guidance on a number of critical questions: What happens when the United States and Iraq disagree over a due process standard? Could Iraq prosecute Americans for past 'crimes'? This last question is particularly important because the Iraqi government's insistence on ending legal immunity for American contractors results in large part from the September 2007 Blackwater incident, during which security guards who came under fire in downtown Baghdad killed 17 Iraqis in a firefight. The Iraqi government's hurried decision to blame Blackwater despite the weight of evidence that its guards were ambushed does not bode well for American contractors in Iraq who try to protect themselves against future attacks.

"Washington's failure to insist on retaining jurisdiction over U.S. contractors could prove very harmful over the next few years."

'My Husband was a Blackwater Hero'

Art Laguna was the father of four and grandfather of six, a veteran of thirty years with the US Army and National Guard who served in Bosnia and three times in Iraq.

One of the most skilled helicopter pilots in the sky, he was decorated for valor for saving lives at home.

In January 2007, Art Laguna and his crew were killed while flying a mercy mission to save the life of an American diplomat pinned down by enemy fire in Iraq. The Department of Defense posthumously awarded him the Legion of Merit earlier this year - a decoration for "exceptionally meritorious conduct in the performance of outstanding services and achievements."

Yet when many people hear his story, they don't think of him as a hero at all.

His widow, Marybeth, writes in the Washington Post that she's pretty angry about it. In her words:

My anger, however, doesn't come from the direction you might expect. I'm not angry at Art for the risks he took in life, or at the war that took that precious life. Instead, I too often find myself operating at a slow boil, sometimes exasperated and sometimes irate at those who never knew my husband or his colleagues, yet who insist on tarnishing their memories each day.

Because when Art died, he wasn't working for the military. He was working for Blackwater.

Art considered his job with the private security firm that protects US diplomats in Iraq a continuation of his service to this country. He told me that he believed in the job and respected the mission. But somehow, this one word - Blackwater - gets in the way of a lucid, reasoned discussion.

Art first went to work for Blackwater in August 2006 and was on his second deployment with the company when he was killed. When I tell people these facts, they rarely express appreciation for his services. Instead, most suggest that he was crazy to go back. I've had people repeat the ridiculous urban legend that Blackwater instituted martial law in New Orleans after Hurricane Katrina and ask me whether Art had been a part of that. At a recent social event, someone asked me whether Blackwater was the same company that 'goes around shooting people.' I've heard the news media and even elected officials casually throw around words such as 'cowboy' and 'mercenary' to describe men and women who voluntarily go into harm's way to protect others. Those caricatures are wrong. They might describe someone's antiwar agenda, but they don't describe my husband or his colleagues.

Marybeth Laguna says her husband wanted to use his military skills to serve his country again. That's why he joined Blackwater in Iraq, flying the company's famed "Little Bird" helicopters for the State Department's security detail. As she puts it,

My husband and his fellow contractors answered a call. Art didn't do it for the money. He wanted to contribute in any way possible so that his kids and grandkids could continue to enjoy the American dream. He wanted to test himself and give back to his country using the training he'd received throughout his life.

Just like soldiers, security contractors based in Iraq face daily threats to their lives. Rather than demonizing these men and women, we should be thanking them for the essential service they provide. Whether they are working for Blackwater or directly for the US military, they are all risking their lives to work for the United States. And they deserve our respect.

And our gratitude.

Solution Offered to Prevent Deaths in Armored Vehicles

The military's new armored vehicles might save personnel from insurgent ambushes and terrorist attacks, but will the drivers be trained well enough to save the passengers from accidents?

Blackwater is concerned and is offering a solution. The company built itself as a training provider, and now that the military has opted not to buy its new line of armored vehicles, Blackwater is using the personnel carriers to train drivers about to be deployed.

"Thousands of the MRAP vehicles are being used in Iraq and Afghanistan. Their hard shell and design protect occupants; the trucks sit high on a raised chassis and have V-shaped bottoms to shield their underbellies. But they have one drawback: the MRAP vehicles aren't as agile as Humvees," the Virginian-Pilot reports.

"The military has warned troops to be careful behind the wheel after five deaths where connected to vehicle rollovers. The military has also logged dozens of other accidents.
'Overseas, a lot of traffic accidents are happening because the guys aren't used to the characteristics of the vehicles,'" says Jim Sierawski, Blackwater Vice President for Training.

Happy PSC Thanksgiving

As we pause to mark Thanksgiving, let's remember not only to thank our Creator for all our blessings, but also to thank all the private security contractors for risking their lives to keep us safe.

Let's recall, too, that it was a private security contractor who made the first Thanksgiving possible. Captain Myles Standish, a retired British military officer, was the PSC who protected the Pilgrims on their trip to establish the Plymouth colony in the New World.

Standish was not a Puritan or religious refugee, but a private security contractor. Christopher Jones, the skipper co-owner of the Mayflower, as well as his crew, were also contractors. Under government charter, the privately capitalized Plymouth Company leased the Mayflower and contracted the services of the crew to take the Pilgrims to America.

Standish's job was to run security for the Pilgrims, to lead reconnaissance missions, build a fortress, train the civilian men of the colony and organize them into a militia, and defend the colony against potential attack - not only from any hostile Indians, but from other European powers, including the Dutch, French and Spanish. The Mayflower's cargo included firearms, edged weapons, body armor and artillery.

For about 60 years, the British colonies that became Massachusetts were protected by privately funded militias. The US Army National Guard traces its roots to these militias.

Last year, Serviam magazine ran some interesting articles about the history of PSCs in America, including one about Myles Standish and the first Thanksgiving. The bloggers at Blackwaterfacts.com borrowed Standish's name to honor his work that led to the first permanent English settlement in America and laid the groundwork for our country.

Happy Thanksgiving to all!

US has Thrown DoD Contractors 'Under the Bus,' IPOA says

The United States government has thrown its contractors in Iraq "under the bus" by caving into Iraqi demands that they be subject to the country's dysfunctional and corrupt judicial system.

That's what the main trade association of security contractors, the International Peace Operations Association (IPOA), is saying about the new arrangement.

The main companies involved - Blackwater, Fluor Corp., KBR and DynCorp, wouldn't tell Bloomberg News what they think of the arrangement.

But IPOA President Doug Brooks says flat-out: "This agreement throws DoD contractors under the bus." And State Department contractors as well, one presumes.

Iraq's judicial and corrections systems are "way below" global standards, says Brooks.

According to Bloomberg, "The Defense Department and State Department briefed their private contractors today on a provision of the so-called status- of-forces accord that eliminates contractors' immunity from prosecution under Iraqi law. While the agreement applies to U.S. military operations, the State Department told its contractors today that Iraq will make them subject to the same rules.

"The provision is part of an agreement that would govern U.S. military operations in Iraq after a United Nations Security Council resolution expires on Dec. 31. About 28,000 of the 163,500 people employed as Pentagon contractors in Iraq are U.S. citizens," and about 1,000 or so reportedly work for Blackwater as personal security detail professionals.

The deal is likely to increase financial and political costs for the incoming Obama administration. "This is going to create costs for contractors because every contractor will need additional insurance coverage'' to protect against the risk of prosecutions, a Virginia lawyer who has represented US private security contractors in Iraq tells Bloomberg. "There's an increased likelihood of civil litigation costs for companies in the U.S. every time an investigation is opened in Iraq.'"

The Pentagon doesn't seem worried. "I would imagine that no matter what the legal protections are for contractors" serving in Iraq, Iraq "will remain a profitable enough business that you will see a number of contractors willing to do this," a Pentagon spokesman says.

That means that DoD will have to build untold millions of dollars a year into its contractor budgeting to cover the costs of defense against prosecution, and the huge costs of litigation and any payouts awarded by courts.

UN Allows Arming of Private Civilian Ships

International law continues to allow for privately owned civilian ships to travel the seas armed. This is not a new development. Even the UN Convention on the Law of the Sea preserves that right.

Not that private companies must put themselves at the mercy of the United Nations, but still, it's significant that armed self-defense is still OK with the UN.

So private merchant vessels at risk of piracy aren't navigating undefended because of any international ban. Industry practice is to "avoid" traveling armed, according to a Washington Post op-ed, simply because that's been the policy of most companies. Satus quo.

Given the ineffectiveness of the world's navies in stopping piracy, and the over-stretched US Navy that advocates private sector initiatives, it looks like Blackwater is on the cutting edge again.

US Contractors Soon Subject to Iraqi 'Justice'

Has the US sold out the private companies who make it possible for American civilian government operations in Iraq? It sure looks that way. But all the facts aren't out yet, and private security companies are taking a wait-and-see approach.

The US and Iraqi governments reportedly have reached an agreement that would protect uniformed American military personnel from Iraqi prosecution except for serious crimes committed while not on duty, an arrangement similar to what the US has done in other countries.

But the State Department appears to have shot itself in the foot, at best, by not ensuring the same protections for the private contractors who do the job the military can't or won't do. Private security providers like Blackwater won't be shielded from Iraq's corrupt and dysfunctional "justice" system, according to news reports.

If the reports are true, it's going to be even harder for Blackwater to defend American diplomats in Iraq - because in some of the most highly publicized incidents since early 2004, Blackwater guards fell under attack from Iraqi military and police personnel. Uniformed Iraqi personnel lured four Blackwater guards into a deadly ambush in Fallujah in March 2004. Iraqi police reportedly shot at Blackwater security guards as they defended a US diplomat in September 2007, resulting in the deaths of 17 people at Nisoor Square.

The State Department isn't even saying whether or not the arrangement is ex post facto; it's unclear whether the US will allow Iraq to try contractors for actions allegedly committed prior to when the pact becomes official. The arrangement is to become effective on January 1, 2009.

"It has not yet been publicly resolved how and where the Blackwater guards will be tried and senior officials said they did not know whether the new pact would apply retroactively," the International Herald Tribune reports.

"US officials have said that under the deal, US military personnel would retain immunity from Iraqi law except in cases of serious crimes committed off base.

"But the pact explicitly says US Defense Department contractors will lose immunity, said the senior US officials, who spoke on condition of anonymity. They said contractors for the State Department and other agencies are expected to be treated the same way."

66 Companies Contact Blackwater as US Navy Says Private Sector Must Fight Pirates

At least 66 shipping and merchant companies have contacted Blackwater for help in protecting vessels from Islamist pirates off the coast of Somalia.

The US Navy says it's overburdened, and that private companies must ensure their own security. "The coalition does not have enough resources to provide 24-hour protection for the vast number of merchant vessels in the region," says the US Fifth Fleet Commander, Vice Admiral Bill Gortney. "The shipping companies must take measures to defend their vessels and their crews."

Blackwater spokesman Anne Tyrell says that the company will offer seaborne and helicopter escort services but will not place private security guards aboard the tankers, freighters, and other ships. The firm's 180-foot helicopter carrier, McArthur (pictured), is reported to be in the area.

"Shipowners are irked by the suggestion they should be protecting themselves," the Toronto Globe and Mail reports. '[What] we are talking about is the fundamental obligation of nations to provide safe passage for world trade,' said Peter Hinchliffe, marine director for the London-based International Chamber of Shipping."

Waxman to Leave Committee Whose Powers He Abused

Congressman Henry Waxman (D-Calif.) has upset the House seniority system to chair the Energy and Commerce Committee, a move that will require him to step down as chairman of the investigative committee whose powers he abused while helping his trial lawyer friends harass Blackwater.

Longtime loyal Waxman staffer Philip Schiliro (pictured at right) is moving up Pennsylvania Avenue, where President-Elect Barack Obama has named him chief of White House congressional relations. Schiliro is leaving as the ultra-partisan staff director of the Committee on Government Reform and Oversight, from which he ran the anti-Blackwater hearings in partnership with trial lawyers as they sued the company.

Within two weeks of trial lawyer Daniel Callahan writing to Waxman requesting partisan attacks on Blackwater, Schiliro told the Washington Post that he planned to focus the committee investigations on Iraq, contracting, and the response to Hurricane Katrina - coincidentally the exact issues that had generated controversy for Blackwater. The Post noted at the time that when run by the Republicans under the chairmanship of Rep. Tom Davis (R-Va.), the Committee had a "relatively bipartisan tone." Schiliro turned it into an ultra-partisan attack machine.

Correcting Sloppy Journalism

Blackwater issued a statement today to correct news reports that contain what the company says are misleading and even false allegations of improper or illegal export of weapons to Iraq.

By any journalistic standard, the reporting is sloppy. Culprits include: Press-TV of Iran; the normally reliable Warren Strobel of McClatchy Newspapers; the ever-defensive, cross-armed Brian Ross (pictured) and Jason Ryan of ABC News; a mixed bag of writers at the Associated Press, and Zachary Roth of TPM Muckraker.

The reports "cite only anonymous government sources, anonymous former employees, and former employees who fired by Blackwater for stealing weapons from the company," according to a Blackwater press release.

"While the company cannot comment on all of the inaccuracies because of its ongoing cooperation with investigators, there are some key factual errors to which it would like to respond," Blackwater says. "The following points address some of the more egregious errors contained in recent reporting:

• Blackwater has never shipped an automatic weapon to Iraq. A recent report that Blackwater has "shipped hundreds of automatic weapons to Iraq without the necessary permits" and "some of the weapons are believed to have ended up on the country's black market" is false. Blackwater has never shipped so much as one automatic weapon to Iraq.


• Blackwater held approved export licenses to ship more than the 798 total guns it shipped to Iraq. A recent media report claiming that '... the State Department found that Blackwater shipped 900 weapons to Iraq without the paperwork required by arms export control regulations,' could not be true because the total number of firearms Blackwater has shipped to Iraq is less than 900. Blackwater obtained export licenses in excess of the number of weapons actually sent to Iraq - and the U.S. government authorized the export of each of these weapons. The investigations referenced by the media do not allege that the company failed to obtain licenses or failed to ensure the government was aware of its actions; rather, the investigations concern Blackwater's not properly annotating the licenses, not timely submitting required reports, and not retaining required records.


• While Blackwater does not ship them, the limited number of automatic weapons that are in Blackwater's custody in Iraq were all exported by the U.S. government or by the manufacturer under U.S. government license. They are all fully accounted for, regularly inventoried, and required to be turned in to the U.S. government at the end of the associated contracts.


• Blackwater has never hidden anything inside a bag of dog food - not a gun, not a radio, nor anything else. A recent news story cited 'former employees' who claim that Blackwater hid weapons 'in large sacks of dog food.' This sensational claim is false. The company has, however, packed shipping pallets with valuable and pilferable items, including weapons, interior to [surrounded by] bags of dog food or other low-theft items. This common practice is done to prevent corrupt foreign customs agents and shipping workers from stealing the valuables. U.S. export statutes require licensing of controlled materials but do not dictate their placement within packaging.


• Blackwater follows all rules governing the type of firearms that can be carried by contractors in Iraq, to include contractual provisions, those outlined by the U.S. government, and those outlined by Iraq's Ministry of Interior. A recent report claiming that the company illegally shipped 'assault weapons' that it is prohibited from using in Iraq is blatantly false. All firearms shipped to Iraq by Blackwater were given proper U.S. government licenses. The firearms owned by Blackwater in Iraq are limited to handguns and civilian-variant carbines. It does not own or possess any 'M-4 assault weapons' in Iraq. All firearms used for diplomatic protection are government-issued.


• A story highlighting that an inspector 'discovered an unlicensed two-way radio hidden in a dog food sack' is both sensationalistic and false because the radio in question did not require a license and was never hidden inside a dog food sack. Blackwater applied for a license for the radio prior to shipment and obtained a written determination issued by the Commerce department that the radio did not require any license. Although the valuable and pilferable radio was packaged among other items - including dog food - in a 13-pallet shipment, it was not 'hidden in a dog food sack.' The commercial waybill and shipping invoice for the shipment both clearly reflected that the radio was in the shipment. We acknowledge that we have made numerous mistakes in complex and demanding area of export compliance over the years. However, the majority of those violations have been failures of paperwork and timeliness while supporting the United States and its allies, not nefarious smuggling or aid to enemies. This is in no way meant to diminish the seriousness of U.S. export control laws, but rather to clearly state: Blackwater has not committed any of the sensational violations that have been reported recently."

Founded to Save Lives

Touring Blackwater's sprawling headquarters in North Carolina, Washington Times columnist John McCaslin captures the paradox between the company's image and the reality of its existence. He quotes from a Blackwater official:

"'Blackwater is defined in the press, and by extension the public, by two events that resulted in the loss of human life. The first, Fallujah, resulted in the loss of four Blackwater lives. The second, on 16 September 2007, resulted in the loss of 17 Iraqi lives.

"'The irony here is that it is a company that was founded and exists to save lives. Everything done is in the interest of safety: training troops to defend themselves; building armored personnel carriers to keep troops alive in battle; building airships for surveillance to detect the bad guys; teaching cops how to effectively and safely rescue a hostage; helping people in executive-protection roles avoid an ambush in a vehicle; building an aviation division capable of performing rescue missions in war zones and natural disasters. The list goes on.

"'My point is that the press quantifies the loss of life, but fails to account for the sparing of life because of Blackwater. In Katrina alone, 128 people were pulled to safety before a contract was ever awarded. In more than 20,000 diplomatic missions, no one protected by Blackwater has ever even been seriously injured.'"

(Pictured: Three American missionaries joyfully celebrate their Blackwater rescue from Islamist extremists in Kenya.)

Posturing Bureaucrats Might Undermine Obama

Is there something to it, or is it just a case of bureaucrats posturing before an incoming new presidential administration? If it's bureaucratic posturing, it might inadvertently undermine President-Elect Barack Obama, whose aides say they won't rule out relying on Blackwater. After seeing Blackwater up-close in Afghanistan, Obama said he thinks the company is getting a "bad rap."

GovernmentExecutive.com is reporting that "the State Department's Directorate of Defense Trade Controls, which is responsible for export controls on some arms, is moving to hit [Blackwater] with what could be millions of dollars in fines," allegedly for shipping weapons to U.S. government-sanctioned police training facilities in Iraq and Jordan.

Apparently the paperwork wasn't in order. "Sources said the foul-up may have been unintentional but left the company unable to properly account for the weapons."

The State Department isn't talking for the record, though the company "has partly acknowledged" inquiries, according to the report.

"Ongoing reviews by the departments of Justice, State and Commerce have highlighted the need for a significant and systems-wide initiative," Blackwater General Counsel Andrew Howell said in an Oct. 9 statement. Citing problems with "export compliance," the firm that day announced a new export compliance committee and vice president of export compliance job.

Spokeswoman Anne Tyrell said Blackwater has "not been informed of an intent to impose a fine," but noted the Directorate of Defense Trade Controls' "resolution of export matters with other significant defense contractors" usually results in fines. "The potential fine depends on the regulatory scheme at issue and the facts of the case," she said.

The company set up an export control panel last month.

Officials would be wise not to read too deeply into many Democrats' longstanding criticisms of the company. Senators John Kerry (D-Mass.) and Jim Webb (D-Va.) say they're OK with Blackwater competing for federal contracts, as long as there's sufficient oversight and accountability. President-Elect Barack Obama has similarly tempered his criticism. Even so, a top Obama aide said earlier this year that the senator would not rule out continuing to retain Blackwater's services. And last July, when he saw Blackwater security professionals up-close during his trip to Afghanistan, Obama admitted that the company was getting unfairly treated.

"Blackwater is getting a bad rap," Obama said. (The photo, on Obama's website, shows the presidential candidate with troops and security during the July trip to Afghanistan.)

Crippling Blackwater with unreasonable fines just might end up hamstringing the new president at a time when he will need everything the company can offer.

Army Opts for Traditional JLTV Suppliers

The US Army has opted to go with traditional suppliers and not buy the Raytheon-Blackwater Joint Light Tactical Vehicle (JLTV).

The decision has prompted the company to lay off manufacturing workers and shutter its truck-building division. "We have stopped building all trucks," says spokesman Anne Tyrrell.

Blackwater's business model had promised a very flexible production process for the military.

"Blackwater is situated to do rapid prototyping and low rate production," according to a review of the JLTV in Tactical-Life.com. "The manufacturing facility is co-located with both an on-road and off-road test track. Their explosive and ballistic test ranges are a few hundred yards from manufacturing facilities. Locating their production facility in the middle of a 'tactical laboratory,' shortens the feedback cycle during the test and evaluation phase. Blackwater can build a prototype in the morning, and test it 10 times in the afternoon.

"The Raytheon/Blackwater vehicle has undergone extensive performance testing. The Raytheon/Blackwater JLTV has all the protection of Blackwater’s MRAP II vehicle, but features superior mobility than a Humvee. In designing their vehicle, Blackwater collaborated with a NASCAR Craftsman Truck Series racing team, a champion Rock Racing Team and a Monster Truck Team. The challenge is finding a way to get championship performance out of commercially-available components. Blackwater and Raytheon have succeeded in doing that by tapping the experience of seasoned, experienced racing professionals. As the only truck manufacturing company who actually has its own people in the field, Blackwater has a unique insight into the tactical requirements."

How the Global Stability Industry Fits Together

Here's an interesting take on the "global stability industry" - the sector of government agencies, private companies, non-profit charities and non-governmental organizations that is increasingly coming together to solve world problems.

It's published in the current issue of Serviam, a magazine for and about those working in "global stability operations."

In an "industry overview," the magazine lists its portrayal of the global stability industry. The list is impressive, and no doubt some groups won't necessarily agree that they should be on it. Even so, it's an interesting cross-section of companies and groups: economic, engineering, government consulting, computers, information services, public health and development, education, logisitics, infrastructure management, and military and law enforcement, and security operations.

Everybody is in here, from Blackwater and other security and logistics companies, to Project Hope and Save the Children. I'm sure not every group listed will agree that it's part of the sector, but the listing is the best illustration yet of the broad spectrum of how private security companies are crucial to building peace and promoting development in at-risk or war-torn countries.

Trial Lawyer Still Hiding from Media

The trial lawyer who took advantage of grieving Blackwater families and tried to profit from the terrorists who murdered four contractors is still hiding from the media.

More than a week after a federal court effectively threw out his case against Blackwater, California trial lawyer Daniel Callahan has avoided making any press appearances.

Callahan devised a high-profile psychological campaign to discredit Blackwater, exploit the families of four Blackwater contractors murdered in Fallujah in 2004, and make millions from his made-for-media lawsuit. He's the source of phony allegations that Rep. Henry Waxman made against the company - allegations repeated without substantiation in the media. But since the federal court told the plaintiffs to abide by the terms of Blackwater's own contract, Callahan has been strangely silent.

Profile in courage.

US Navy Encourages Private Security Companies to Protect Ships from Piracy

The United States Navy has praised the rise of private security companies to protect private shipping from pirates as a "great trend."

Media commentators have been generally skeptical of Blackwater's dispatch of its 183-foot ship, the McArthur, to the Gulf of Aden to provide security for private ships that the United Nations and the world's navies are leaving vulnerable to Islamist criminal gangs.

However, a US Navy spokesman has praised the move and encourages more private security companies to follow Blackwater's example. British security companies are already active in protecting ships, but Blackwater plans to provide McArthur, which can carry two special operations helicopters complete with doorgunners, to escort civilian ships that the UN and government navies can't or won't protect.

"This is a great trend," a spokesman for the US Navy's 5th Fleet tells the Associated Press. "We would encourage shipping companies to take proactive measures to help ensure their own safety."

Insurance companies also like the idea. "Pirate attacks have driven up insurance premiums tenfold for ships plying the Gulf of Aden, increasing the cost of cargos that include a fifth of the world's oil. But some insurers will slash charges by up to 40 percent if boats hire their own security," according to AP.

A senior official of Somalia, off whose coast much of the piracy is taking place, says private security companies are welcome in Somali waters. Somalia's 1,800-mile coastline is difficult to avoid for ships traversing the Suez Canal.

Loser In Fallujah Suit Is Hiding from Press

California trial lawyer Daniel Callahan was never shy about talking to the press during his effort to profit financially from the deaths of four American military veterans in Iraq.

But now that a federal appeals court has effectively thrown out his suit against Blackwater, Callahan suddenly isn't talking.

The Virginian-Pilot, which serves the area near Blackwater Worldwide's headquarters and has been one of the main newspapers to break stories about the company, tried to get comments from both sides of the case for its October 21 story about the court decision.

Only Blackwater spokesman Anne Tyrrell would talk to the newspaper. According to Virginian-Pilot reporter Louis Hansen, the trial lawyers "did not respond to requests for comment."

Three Federal Judges Throw Out Fallujah Lawsuit

A panel of three federal judges has effectively thrown out the highly publicized lawsuit against Blackwater in relation to the ambush of four of its security contractors in 2004. The federal appeals court judges have ruled that Blackwater's contract that each of the men signed - requiring any disputes to be resolved in confidential arbitration and not in court - is valid and must be observed.

The Virginian-Pilot of Norfolk, which serves the area near Blackwater Worldwide's headquarters, has the story. The 4th US Circuit Court of Appeals in Richmond dismissed the petition filed by trial lawyer Daniel Callahan on behalf of shell companies that another trial lawyer set up in the names of the estates of the deceased.

Callahan planned to make millions of dollars profiting from the insurgents who murdered the four American military veterans, mutilated their bodies, and hung two of the bodies from a bridge in Fallujah, Iraq, in March, 2004.

Blackwater spokesman Anne Tyrrell says that the federal appeals court has vindicated the company, and upheld the firm's contracts. "The federal courts have now honored those written agreements," Tyrrell says in the article.

Report: War Profiteer Defeated in Federal Court

We're hearing out of the US Federal Court of the Fourth Circuit in Richmond that a federal judge has rejected the trial lawyers' suit against Blackwater for the terrorist ambush in Fallujah, and has told the parties to settle their differences out of court.

This is a huge blow for ambulance chasing trial lawyer Dan Callahan (pictured), who had shell companies set up in North Carolina in the names of four deceased Blackwater contractors whom Islamist insurgents ambushed, murdered and mutilated in 2004. Via the shell companies, which he represented as "estates," Callahan was hoping to pocket many millions of dollars by taking advantage of the terrorists' attack on the Blackwater men. He persuaded several grieving members of the deceased men's families to go along, blaming Blackwater instead of the terrorists for the deaths, and holding out the prospect of lots of money from a court decision.

The trial lawyer is going to have to settle for a lot less now - if anything at all - after spending millions of dollars in venture capital in hopes of profiting from the atrocities.

It's also a big blow to Congressman Henry Waxman (D-Cal.), who opened up his "investigation" of Blackwater at Callahan's request, had Callahan's anti-Blackwater clients testify before Congress as expert witnesses, and followed the trial lawyer's script in holding the hearings and leaking confidential documents to the media.

Of course, this blogger's opinion that Dan Callahan is a sleaze is, indeed, an opinion, and is therefore protected speech. I'll be sure to post links to legal documents and news reports as soon as they're online.

Megastar Toby Keith, in Blackwater Shirt, Entertains the Troops in Iraq

Megastar country singer Toby Keith, famous for his "American Soldier" song (among other huge hits), toured Iraq a while ago with the United Services Organization (USO) to entertain the troops. In a Memorial Day, 2006 performance in Fallujah with the Marines, the country superstar wore a Blackwater shirt.

I just discovered these videos on YouTube. Toby Keith does troop tours every Memorial Day. In the clip above, he is in Fallujah singing the "Taliban Song." Below are three more clips. The first is the "Camp Fallujah 2-Minute Report," produced by the Marines for the deployed military. Keith is shown with General Michael Hagee, Commandant of the Marine Corps, and with ordinary Marines during his performance.

"The Camp Fallujah 2-Minute Report," March 29, 2006.

In the next video, Keith appears in the same Fallujah performance singing "American Soldier" (this is a really great video, with all the troops singing along). The bottom clip is from a sing-along with the troops in Baghdad.

Don't be disappointed by the homemade quality of most of the videos. Keith and his crew visited the troops with the barest amount of gear, and the videos were made by American soldiers with their own cameras and laptops. Nevertheless, the performances are inspiring.


Above: Singing "American Soldier" in Fallujah. Great performance!


Sing-along in Baghdad.

Finally: A Solution to the Somali Pirate Problem

Governments around the world dither once again about what to do about unconventional threats, and once again, a private company offers a solution.

More than 70 ships have been attacked off the Somalian coast so far in 2008, with 11 ships and 200 crew still being held for ransom as of yesterday.

"The dramatic increase of pirate attacks on merchant vessels in the Gulf of Aden has led to parallel cost increases for the shipping industry," Blackwater says in an October 16 statement.

"Shipping insurance rates have risen tenfold this year alone. With the added danger pay offered to crews willing to make the journey, pirate ransom demands that reach into the millions, and lengthy negotiations for hijacked ships, if left unaddressed the cost of the piracy boom to the shipping industry - and consumers buying their goods - will only increase."

"We have been contacted by ship owners who say they need our help in making sure those goods get to their destination safely," Blackwater Executive Vice President Bill Matthews says.

Blackwater says it's making its 183-foot ship, the McArthur (pictured), available to assist the shipping industry fight piracy. While some shippers arm their crews or hire private security to ride aboard their vessels, they can hire the McArthur "to accompany a ship and deploy helicopters to patrol the area" as "a safer option for the shipping industry."

The McArthur has a helicopter landing deck and a large helo fuel capacity; Blackwater's aviation affiliate can supply the helicopters, pilots and maintenance required to support escort missions.

Blackwater Aids Local Sheriff in Manhunt

In search of a suspect who shot a man, a North Carolina county sheriff called Blackwater for help.

When a Camden County, NC, deputy found a 45 year-old man bleeding from a gunshot wound, he called authorities in two other jurisdictions for assistance. Then the sheriff's office called Blackwater, whose training headquarters is nearby, and asked for the company to fly in a helicopter.

Blackwater immediately sent up a copter to aid in the manhunt. The area is largely rural farm, wood and swampland. A local TV station carries the report. The story is unfolding as I write this post.

Notably a regional newspaper that serves Blackwater's readership area - and has been noted for its sharp editorial opposition to the company - did not mention the company's involvement in the online edition of its news reporting.

If things went according to how I understand the company, Blackwater probably flew the mission as a public service, at its own expense, and under the guidance of the local authorities.

(The photo is of a Bell 412 helicopter that is similar to the one likely used by Blackwater to help the local police.)

Blackwater Announces Advanced Export Compliance Initiative

Given the highly complicated and often contradictory federal laws and regulations concerning the export of military and security-related goods and know-how, Blackwater announces what it calls "a comprehensive initiative to enhance export compliance throughout its global operations."

According to a release distributed by the Earth Times, Blackwater says, "The initiative, under development for several months, includes the creation of an independent committee of experienced outside experts to oversee export compliance and the addition of a Vice President of Export Compliance.

"These efforts are supported by a global training initiative, proposed enhanced business controls and an increased compliance staff.

"'US export controls are a key part of our country's national securityand foreign policy. Blackwater, a partner with the US Government in many important programs, has an obligation to also be a partner in compliance,' said Erik Prince, Blackwater Founder and CEO. 'Our company has experienced remarkable growth in the last few years. This growth, our work for the US Government around the world, and the nature of the services we offer have created compliance challenges. The comprehensive initiative announced today is our direct response to those challenges and our recognition of the importance of these controls.'"

The independent panel, called the Export Compliance Committee, represents a cross section of talent and expertise. Committee members, who have full and independent authority of Blackwater's export control matters, are:

• Robert C. Bonner. Former US Attorney, US District Court Judge, Commissioner of US Customs, the first Commissioner of US Customs and Border Protection, and Administrator of the US Drug Enforcement Administration (DEA);


• Asa Hutchinson (pictured). Former US Attorney, Administrator of the DEA, US Congressman from Arkansas; and the first Under Secretary of Homeland Security;


• Carol R. Marshall. Former Vice President of Ethics and Business Conduct at Lockheed Martin, Senior Vice President for Ethics and Business Conduct at MCI, Chair of the Ethics Resource Center Fellows Program, and Chair and Working Group Liaison to the Defense Industry Initiative on Business Ethics.
  

Blackwater's new Vice President of Export Compliance is Karen Jones, most recently the Director of Import-Export Operations for Raytheon Missile Systems Division. "Ms. Jones is an accomplished trade compliance professional with a deep resume. She is an expert in integrating export licensing, compliance and a culture oftransparency into complex global operations. We look forward to hercontribution in making Blackwater's compliance system the standard of the industry," said Prince.

The company has also strengthened and expanded its existing compliance programs and developed an online compliance training program for employees and independent contractors.

Commentators Heap Abuse on Brian Ross and His Silly ABC News Report

Online commentators are heaping ABC News with abuse for Brian Ross's breathless report that the Army discovered a carbine in the hands or Iraqi insurgents and returned it to Blackwater.

Supporters of Blackwater and of winning the Iraq war should always take advantage of the public comment sections on Big Media websites. Some of the Ross commentators appear to be private contractor vets who have served in Iraq.

Though editors and reporters will seldom admit it, public comments - responsibly written, with solid facts and thoughtful analysis - often provide accountability and provoke biased or careless journalists to think twice.

So keep up the good work! Here's the direct link to the Ross report and the comments, so you can add more thoughts: http://abcnews.go.com/Blotter/comments?type=story&id=5931528.

No wonder Ross likes to pose so often for pictures with his arms crossed defensively over his chest. His body language shows that, deep inside, he knows he's not the great journalist he pretends to be. See post below.

ABC's Ross: His Body Language Tells the Story

Brian Ross is a big man in the big media, but does he really believe he's as hot as he wants people to think? Allan and Barbara Pease, in The Definitive Book of Body Language (Bantam, 2004), offer some insights about why the machine gun man from ABC always crosses his arms over his chest:

"Hiding behind a barrier is a normal response we learn at an early age to protect ourselves. As children, we hid behind solid objects such as tables, chairs, furniture, and mother's skirt . . . . As we grew older, this hiding behavior became more sophisticated and by the age of six, when it was unacceptable behavior to hide behind solid objects, we learned to fold our arms tightly across our chests whenever a threatening situation arose . . . .

"By folding one or both arms across the chest, a barrier is formed that is an unconscious attempt to block out what we perceive as a threat or undesirable circumstances. . . . when a person has a nervous, negative, or defensive attitude, it's very likely he will fold his arms firmly on his chest, showing that he feels threatened. . . .

"When you fold your arms your credibility dramatically reduces."

"Crossed-Arms-on-Chest is universal and is decoded with the same defensive or negative meaning almost everywhere. It is comonly seen . . . anywhere that people feel uncertain or insecure." (pp. 90-93)

Army Returned Blackwater's Missing M-4; ABC's Brian Ross Sensationalizes It

The US Army returned a missing M-4 Bushmaster military carbine to Blackwater after discovering the weapon during a raid on Iraqi insurgents, ABC News reports. The Army apparently doesn't consider the issue a big deal. Soldiers said the weapon was found in "surprisingly good condition," which indicates that the insurgents didn't use it much if at all.

ABC's Brian Ross (pictured in his typically defensive, arms-across-the-chest pose) reports, "Criminal investigators for the US Army turned the weapon over to Blackwater. A spokesman for the Army CID [Criminal Investigative Division] said no further investigation was conducted as to whether the weapon had been stolen or sold on the black market by someone with access to the Blackwater facility."

Ross withholds that piece of news until the 14th paragraph of the 15-paragraph story, stuffing parts of the middle with re-hashed allegations that reflect negatively on the company.

The incident reportedly occurred in 2006.

As is the case in almost any war, the enemy in Iraq often uses captured or stolen American weaponry. The insurgents have stolen, pilfered or captured US arms and weapons the US provided to the Iraqi military and law enforcement. Blackwater turned over two employees to federal authorities after suspecting them of stealing and illegally shipping weapons in the company's custody to factions in Iraq.

The company says that it has reported every known case of weapons theft to the authorities, but did not know about this particular incident. ABC cites documents that reinforce Blackwater's claim that it didn't know the weapon was missing from its inventory.

The ABC report reeks of sensationalism. Ross breathlessly says the incident was "kept secret" until now, and ominously that it "raises more questions" about the company's operations in Iraq, which by all accounts have had a 100 percent success rate in protecting American diplomats, aid workers, officials, visiting congressmen, and even journalists.

Ross repeatedly refers to the M-4 as a "machine gun." While definitions and interpretations differ, with some (mainly civilians) referring to any firearm capable of fully automatic fire as a "machine gun," most military definitions consider machine guns as full-auto firearms that require external support, like a swivel or bipod, and thus the M-4 is not in that category. Generally the media refers to selective-fire military-style carbines like the M-4 as "assault rifles." ABC apparently chose the term "machine gun" to sensationalize the story and "raise further questions" about the company.

After recycling old and negative reports about the company, Ross finally tells readers in the second-to-last paragraph that news the Army doesn't really think that the missing weapon was a very big deal, because criminal investigators returned the M-4 to Blackwater.

In the last paragraph, Ross properly describes the weapon, showing that all the reporter and editors had to do was Google "Bushmaster" to get an official description: "The Bushmaster, according to the company's website, is one of the 'world's most popular military and law enforcement carbine models.' It is outfitted with a flash suppressor and, in military models, can fire three round bursts or fully automatic." The term "machine gun" appears nowhere on the Bushmaster M-4 page or in any official manufacturer description of the firearm. But it sure sounds more exciting.