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.

Los Angeles Times Endorses Blackwater-Backed Legislation

Better late than never: The Los Angeles Times is more a year behind Blackwater CEO Erik Prince in endorsing private contractor accountability legislation. Even so, it's good that the Times editors are finally sharing Blackwater's views.

Testifying before Congress on October 2, 2007, Prince alerted lawmakers to pending legislation that would fill holes in the law and tighten ambiguities, thus taking away the gray areas that made accountability difficult in the private security contracting business for the US government abroad. He said he was "happy" with the proposed legislation, authored by Rep. David Price (D-NC) and endorsed it. The House later passed the bill.

BlackwaterFacts.com reported this on October 4, 2007.

Fourteen months later, the LA Times is finally on board. Here's what the editors say in a December 15, 2008 editorial:

Secretary of State Condoleezza Rice said that "there is a hole” in the law where prosecution of private contractors was concerned.

Rice may be right. The Military Extraterritorial Jurisdiction Act allows for the prosecution of civilians who are "employed by or accompanying the armed forces outside the United States." A grand jury concluded that even though the Blackwater defendants worked for the State Department, they were supporting a military mission and are thus covered by the law. Certainly that interpretation is in the spirit of the law; whether it satisfies the law's letter must be decided by the courts. (The defendants also argue that they can't be prosecuted because they were offered immunity by the State Department.) Meanwhile, Congress should enact legislation passed last year by the House that would allow for the prosecution of U.S. contractors in foreign countries -- regardless of the agency for which they work -- if the foreign country doesn't choose to prosecute. If the "hole" mentioned by Rice exists, it should be plugged.

No doubt the LA Times editors are clueless about this, and think that they're sticking it to Blackwater. In reality, the company wants tight laws and rules for accountability and responsibility, so that it can operate without the legal ambiguity that has been so problematic.

Standish is writing to the LA Times editors to congratulate them and to ask them to recognize Blackwater for endorsing the legislation more than a year before they did.

Readers of this blog should do the same. Click here to see how, or write directly at: letters@latimes.com.

Federal Prosecutor Says Nisoor Incident Should Not Reflect Negatively on Blackwater

The federal government's prosecution of five former Blackwater guards over the Nisoor Square incident should not reflect negatively on Blackwater or its contractors overall, a top federal prosecutor says.

Jeffrey A. Taylor (pictured), United States Attorney for the District of Columbia said, "It bears emphasis that today's indictment is very narrow in its allegations. Six individual Blackwater guards have been charged with unjustified shootings on September 16, 2007, not the entire Blackwater organization in Baghdad. There were 19 Blackwater guards on the Raven 23 team that day at Nisour Square. Most acted professionally, responsibly, and honorably. Indeed this indictment should not be read as an accusation against any of those brave men and women who risk their lives as Blackwater security contractors."

Blackwater CEO Erik Prince cites Taylor's comment in an op-ed he wrote for the Wall Street Journal.

Prosecutor Sounds Like He Knows He's On Shaky Ground

The chief federal prosecutor leading the charge against the five former Blackwater men sounded pretty un-confident during his December 8 news conference at which he outlined the case.

Assistant Attorney General Patrick Rowan (pictured) stumbled when a reporter asked how sure he was that the Military Extraterritorial Jurisdiction Act (MEJA) applies to the defendants. Here's the section from the full transcript:

QUESTION: If I could just follow up on your answer on MEJA, your contention is then that the State Department was in Iraq supporting the Department of Defense?

MR. ROWAN: Well, our contention is that, well first of all let me make it clear. Our evidence on this point is something we will present to the judge and the jury, and they will have the opportunity to determine whether or not we've provided sufficient evidence of this point. What we are saying is that the defendants who we've charged were supporting the mission of the Department of Defense and that's the charging language we use, that's the predicate for the use of MEJA in this case.

QUESTION: So any U.S. personnel in Iraq at the time were supporting the Department of Defense, is that the theory here?

MR. ROWAN: I wouldn't go so far as to say that's so. We believe -- and again I'm obviously avoiding getting into the evidence. But we believe the evidence in this case is sufficient to establish that these individuals were supporting the mission in the Department of Defense.

That doesn't sound like a very confident prosecutor. The prosecutors are building this case on a technicality, and a weak one, at that. Small wonder the defense team sounds so relaxed.

Support Pours In for Accused Blackwater Men

People from around the United States are voicing support for the former Blackwater security guards accused of manslaughter while protecting the life of an American diplomat in Iraq.

Important support can be seen in reader comments attached to online news stories. Readers of the Union Leader, New Hampshire's largest statewide daily, have submitted comments in support of native son Evan Liberty, who served as a Marine before working for Blackwater. They should inspire all of us to voice support across the Internet wherever we can.

Forget all the trash talk comments. What's fresh and new is all the new, supportive commentary, like this:

• "I support Evan Liberty 100%. I was not there and neither were any of you ignorant people posting ridiculous comments here. I am a Marine and I KNOW that the circumstances under which this event occurred may very well be entirely different than what is being broadcast by the media. Semper Fi, Evan and family, stay strong." - Sarah C., Nashua, NH.
  
  
• "If you change Mr. Liberty's name to mine that would be my son. He too works for Blackwater. Their stories are almost identical. These men are all highly trained members from the elite branches of the military. They all have served in war zones. They are not cowboys. They put their life on the line to protect anyone from the ruler of these countries to the entertainers who want to go there to say, 'I've been in a war zone to be with our troops.' They have never lost a client. If they are so bad why are they asked for by people that go visit there ? Even people that bad mouth them now.
  
  "If you think Blackwater hires just anyone who wants to make money,why not go to thier site and try to apply for a job. You would have a better chance applying for a job as astronaut." - JZ, Texas
  
  
• "Charging these guys is what I like to refer to as 'Feel good political policy' and these guys are the scapegoats for the government." - Mike, Manchester, NH.
  
  
• "This is a war zone. Who can second guess their actions if you have not been in the same situation, same place, etc. Sounds like a lot of politics to me. When it's all said and done, I'll bet they're acquitted." - Bob Ahern, Derry, NH.
  
  
• "Given the lethally chaotic situation in Iraq, at the time, I'm willing to give all involved the benefit of the doubt. I'm sure all reasonable people will do the same. I hope the country's hatred (in some cases maniacal) of Bush doesn't negatively effect their trials. Good luck and Godspeed. - Mike P., Manchester, NH.
  
  
• "I wish your son and the rest of these men the best. They are veterans who served our country with great honor, and are now getting thrown to the wolves. What next - start punishing the troops who are deployed? I am sure thats what some anti-military people would say. People in this country have become so libralized that they have forgotten bad things happen during war." - D.S., Amherst, NH.
  
  
• "I have known Evan Liberty since the fourth grade. We were in the same class all the way to high school and I knew him in high school also. He is a very good kid and he was an embassy guard before he went to Blackwater. Only the top ten percent of all marines are selected to carry that title. he was a standout. He is a great guy and always has been. If he fired his rifle he had too, and he is definitely not a cowboy. He is a hero and it makes me so angry to see America turn its back on him. Shame on this country and its government. How come no one is 'supporting our troops' now? It also makes me sick to see some of the comments left on this page. I bet all the negative ones are from idiots who have never fought for this country. Evan, you're a hero in my book." - Jeremiah, Rochester NH.
  

www.raven23.com

Here's the new website for the five former Blackwater guys being prosecuted for allegedly killing Iraqi civilians while defending an American diplomat in Baghdad last year: www.raven23.com.

Raven 23 was the callsign of the Blackwater diplomatic security unit during the incident.

The defense team's court documents are among the information being loaded onto the site.

Standish has been getting some nice notes of support for the former guards, including people wanting to know how to help with legal defense. This blog isn't connected with the defense team, but we're passing along the website and will report from it as needed.

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."

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.

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)

Blackwater Is NOT a Subject of Criminal Probe of Nisoor Shootout

Blackwater Worldwide is not a subject of federal criminal investigation relating to the September 2007 Nisoor Square shootout in Iraq.

The Associated Press reports that only three Blackwater guards are under investigation, and questions loom about whether they government can even prosecute them because Congress failed to modernize federal law. The company itself is not under investigation, according to AP.

(Pictured: Nisoor Square, Baghdad)

Federal Prosecutions of Security Men Likely to Fail, AP Reports

A federal prosecution of the Blackwater guards reportedly involved in the 2007 Nisoor Square shootout is likely to fail, the company tells the US Justice Department.

Of the dozens of Blackwater personnel involved in the security detail to protect a US diplomat at the time of the incident. Only three are likely to be charged, if any charges are brought forth at all, AP reports.

A federal grand jury has been investigating the incident. Critics have been howling for short-circuiting the justice process, demanding immediate prosecutions before the facts can be established.

"Prosecutors agreed to take Blackwater's argument into consideration but did not indicate whether they would continue to pursue charges or drop the case. The company itself is not a target of the investigation and has pledged to cooperate with the probe," according to AP.
"Justice Department spokesman Dean Boyd declined to comment."

"Meanwhile, the government's investigation has hit several legal snags — chief among them promises of limited immunity to the guards."

State Department Contract Shows Requirements for Security Pros

A State Department security contract obtained under the Freedom of Information Act (FOIA) shows strict requirements placed on Blackwater and other private security guards in Iraq and elsewhere. Accountability is extensively built into the contract.

"One of the most common criticisms about private security contractors is that there are insufficient rules governing their actions," writes David Isenberg of UPI. "But the truth is, there is and always has been a way to ensure that contractors act the way the client, as in the U.S. government or other private sector firms, wants. And that is to simply write it into the contract.

"And now, we have documentary evidence that this is what the U.S. government has been doing. Recently, in response to a Freedom of Information Act request, I obtained a section of the Worldwide Personal Protective Services contract that the State Department issued for protection of its personnel and facilities. This is the contract that is split between Blackwater, Triple Canopy and DynCorp."

Isenberg obtained the 187-page specifications section of the WPPS contract, which "details what Blackwater is required to do." Despite big blackout areas imposed during declassificition, the document lays out many of the requirements.

The contract describes the speed in which Blackwater and the State Department must be able to contact one another, contractor training (done with State Department review and veto power), workplace issues, logistical support according to State Department standards, the type of handheld radios the contractors must have, personal requirements of each security contractor, details of each contractor to include health, financial and criminal background checks, psychiatric exams and more; plus details on "vehicles, load-bearing vests, utility belts, pepper spray and morale needs."

"Given that contractors are often shot at while transporting their clients, the contract requires the contractor to employ a 'factory-certified vehicle mechanic' to maintain the Protective Services detail vehicles."

There's strict accounting of weapons, including their maintenance, specifics on when and where weapons should be cleaned, and specs on cleaning logs for each weapon which is tracked by serial number; and requirements for on-site factory certified armorers to maintain and repair weapons.

There even specific requirements for the Odor Recognition Proficiency Test for explosives-detecting dogs to meet; and the conduct of guards, to include that they "will be polite and courteous in performance of their duties. They will not use abusive language."

The contractor spells out when a private guard can and cannot use his weapon, and how.

This is no surprise to anyone who has been under Blackwater's protection. Across the board, protectees praise Blackwater for its guards' professionalism and courtesy. Senator Barack Obama, on receiving Blackwater security service in Afghanistan, said that the company had been receiving a "bad rap."

NOTE (9/11/08): David Isenberg writes us to ask that we post the link to his archived United Press International pieces. Here it is: http://www.upi.com/topic/David_Isenberg/. We picked up his column from the Google News feed, which does not link directly to UPI's site.

US Is Creating a 'Destabilizing' Situation by Letting Iraqis Try American Contractors

By negotiating with Iraq to revoke the immunity of American private security contractors from Iraq's undeveloped and corrupt legal system, the US is creating a "destabilizing" situation.

That's what two scholars from the center-left New America Foundation write in an important piece in today's Wall Street Journal.

The "positive" effects of an expected prosecution of Blackwater contractors for their alleged role in the September 2007 Nisoor Square incident risk:

being overshadowed by a more destabilizing development: the apparent agreement, as part of U.S.-Iraqi Status of Forces Agreement negotiations, to revoke the immunity from Iraqi law that private security contractors have enjoyed since 2003. This decision could place diplomats, Iraqi civilians and PSCs at greater risk, and undermine the US mission in Iraq. More must be done to hold security contractors accountable for their actions -- but this is not the way to do it.

The problem of accountability, scholars Michael A. Cohen and Maria Figueroa Kupcu argue, is not going to be solved by handing Americans over to Iraqi justice, whatever that might be. To the contrary; it would only make things worse:

placing contractors at the mercy of an underdeveloped Iraqi legal system is not a solution. Greater liability for PSCs will also bring a higher price tag. Furthermore, PSC ranks will become deprofessionalized, as many of the most experienced contractors may decide that the risks of being thrown in an Iraqi prison are not worth a paycheck.

That would mean increasing reliance on third-country or local nationals, who lack the professionalism of the US, British, Australian and other PSCs. There's little accountability there - and much less security for the protectees.

"There are better ways to ensure accountability," Cohen and Kupcu maintain. "In 2006, Congress extended the Uniform Code of Military Justice to cover Pentagon contractors. Legislation in Congress now would place State Department contractors under the jurisdiction of the Military Extraterritorial Jurisdiction Act. The bill, which would also create an office of enforcement in the FBI to investigate alleged contractor offences, is opposed by the Bush administration. But its eventual enactment would go a long way toward clearing up much of the legal confusion surrounding contractors.

"Unfortunately, at the exact moment that contractor-related accountability issues are being taken more seriously, the Bush administration is negotiating an agreement with the Iraqi government that would weaken protections for PSCs, and risk undermining the professionalization of the private contractors protecting US diplomats."

6 Blackwater Guards Receive 'Target' Letters; Company Defends Its Team

Six Blackwater diplomatic security guards involved in the September 2007 shootout at Baghdad's Nisoor Square reportedly have received "target letters" from the Justice Department - an indication that they might be prosecuted.

The company itself does not appear to be a target of prosecution, and has been cooperating with the Justice Department and a federal grand jury.

"Since the September 16, 2007 incident, we have said that, based on statements of company personnel who were directly involved, we believe those involved acted appropriately," Blackwater spokeswoman Anne Tyrrell says. "If it is determined that an individual acted improperly, Blackwater would support holding that person accountable. But at this stage, without being able to review evidence collected in an ongoing investigation, we will not prejudge the actions of any individual."

Blackwater Wants Strict Accountability Standards in California

Blackwater supports proposed legislation to standardize accountability for firearms training in California, where it has opened up a new facility for the Navy.

The company announced support for a proposed bill that, in its words, "would serve to hold all responsible firearms training facilities to a common standard, allow training of responsible citizens, and, hopefully, reduce firearms capabilities of dangerous criminals."

"Blackwater endorses AB2498 and urges it be passed.

"Blackwater, which recently opened a facility in San Diego County, has long supported a strict credential policy, requiring every student it trains to provide documented proof of their suitability for training and eligibility to possess firearms. The company is committed to safe training on the use and handling of firearms, but is equally committed to ensuring that those firearms are in the hands of capable and confident citizens, not prohibited felons."

(Photo: Interior of new Blackwater training range in San Diego County.)

Darfur Offer Provides More Accountability than UN Peacekeepers

Blackwater CEO Erik Prince's offer to train an African force to save Darfur has a built-in accountability measure that far exceeds United Nations peacekeeping standards.


As he said in the July 29 Wall Street Journal, he envisions a team of US military personnel to monitor a Blackwater training and logistical support operation to help a duly constituted African military force to stop the Darfur atrocities.


This reminds us of an article that Mountainrunner blogger Matt Armstrong wrote recently in Serviam magazine about UN peacekeepers. In that thought-provoking piece, Armstrong reveals that United Nations peacekeeping troops are exempt from international humanitarian law.



"The U.N. cannot impose a common military code of justice or judicial process on its forces without provoking a drop in troop contributions from member states," he says.

"If accountability is the core problem critics have with private military and security contractors, then the demonstrated lack of Blue Helmet accountability, whose troops are sent to some of the most challenging environments on the planet, should raise equally powerful concerns. "

(Addendum: London's Daily Mail runs a new story of how Dutch UN peacekeepers stood aside while Serbian troops rounded up thousands of men, women and children under UN "protection" and slaughtered them.)

Subjecting US Contractors to Iraqi Justice Will Undermine War Effort

By making American contractors subject to Iraq's erratic, corrupt and dysfunctional justice system, the US will be undermining its own war effort.

Of course, that's precisely why certain US congressmen have been complaining that the Bush Administration won't allow Americans to be handed over to the Iraqi "justice" system. But now come official reports from Iraqi officials - and no comment from the US - that Washington has assented to just what opponents in the war have been demanding.

Angry American contractors in Baghdad say that if the US betrays them by making them liable to Iraqi laws, they'll quit. None of note threatened to quit when the US tightened its own laws to hold contractors accountable for any misbehavior or crimes they committed abroad.

The military and State Department cannot function in Iraq without private contractors to provide services from housekeeping and logistics to diplomatic security. State has strongly backed the contractors until now.

Blackwater declined to comment for the article, with officials saying they preferred to wait until the US announced an official policy. (Photo shows Blackwater men practicing to defend a diplomatic convoy in Baghdad.) Other contractors did comment. The military newspaper Stars & Stripes carries the story.

"'Having worked for two years and two months in Iraq, I can tell you without a doubt, I would in no way work if I fell under Iraqi Law,' a deputy sheriff who trains Iraqi police said in an e-mail to Stars and Stripes. 'Are you kidding? You wouldn’t be able to get but the most desperate people to work if they fell under their ridiculous laws.'"

"'I would immediately have to consider my options concerning leaving this country,' another Department of Defense contractor said. 'They, the Iraqis, cannot rule themselves and now they want to try and rule contractors.'"

Jaco Botes of the International Contractors Association says, "By taking away contractor immunity, contractors are being marked as expendable assets — assets that will be placed in the hands of a very shaky and corrupt law system."

US Seen as Likely to Stand By Contractors

The United States government is highly unlikely to abandon its private security contractors to Iraq's dysfunctional justice system, according to a news report.

The Virginian-Pilot, a Norfolk newspaper close to Blackwater Worldwide's headquarters that has been biased against the company, cites Hofstra University Law School Professor Scott Horton (pictured) as saying that even if the US agrees to end immunity for contractors in Iraq, the State Department could still protect them legally under existing international law.

"Horton said that, given the spotty record of Iraq's nascent court system, it would not be surprising if the United States wanted to extend legal safeguards to Americans working in Iraq," the Virginian-Pilot reports. "US troops and private contractors in many other countries, including South Korea, Germany and Japan, often are protected from courts in those countries under status-of-forces agreements, he noted."

Horton, a contributor to Harper's magazine, is a recognized international human rights lawyer and authority on armed conflicts.

Private US citizens working abroad under contract for the American government can still be prosecuted at home if they are suspected of violating the law.