A Whitewash for Blackwater?

The federal manslaughter indictment of five Blackwater Worldwide security guards in the horrific massacre of more than a dozen Iraqi civilians in Baghdad may look like an exercise in accountability, but it's probably the exact opposite -- a whitewash that absolves the government and corporate officials who should bear ultimate responsibility.

If what Justice Department prosecutors allege is true, the five guards -- Donald Ball, Dustin Heard, Evan Liberty, Nicholas Slatten and Paul Slough -- should have to answer for what happened on Sept. 16, 2007. The men, working under Blackwater's contract to protect State Department personnel in Iraq, are charged with spraying a busy intersection with machine-gun fire and grenades, killing at least 14 unarmed civilians and wounding 20 others. One man, prosecutors said yesterday, was shot in the chest with his hands raised in submission.

The indictment, charging voluntary manslaughter and weapons violations, demonstrates that those who engage "in unprovoked attacks will be held accountable," Assistant Attorney General Patrick Rowan claimed.

But it demonstrates nothing of the sort. As with the torture and humiliation of detainees at the Abu Ghraib prison, our government is deflecting all scrutiny from the corporate higher-ups who employed the guards -- to say nothing of the policymakers whose decisions made the shootings possible, if not inevitable.

Prosecutors did not file charges against the North Carolina-based Blackwater firm -- the biggest U.S. security contractor in Iraq -- or any of the company's executives. The whole tragic incident is being blamed on the guards who, prosecutors say, made Baghdad's Nisoor Square a virtual free-fire zone.

The Blackwater guards were nervous because of a car bombing elsewhere in the city that day. The company says the Blackwater convoy came under attack by insurgents, prompting the guards to fire in self-defense. "Tragically, people did die," defense attorney Paul Cassell told reporters.

There is a huge difference between self-defense and the kind of indiscriminate fusillade that the Blackwater team allegedly unleashed. Proper training and supervision -- which was the Blackwater firm's responsibility -- would have made it more likely for the guards to make the right split-second decisions amid the chaos of Nisoor Square. Rather than give Blackwater a free pass, the Justice Department ought to investigate the preparation these men were given before being sent onto Baghdad's dangerous streets.

Blackwater no doubt has rules and regulations about when and where its people can discharge their weapons. But were those rules enforced? Did the guards who were indicted yesterday have any reason to believe they would be punished for the rampage? Or were the shootings considered acceptable inside the Blackwater bunker? Company executives should have to answer these and other questions -- under oath.

But a real attempt to establish blame for this massacre should go beyond Blackwater. It was the Bush administration that decided to police the occupation of Iraq largely with private rather than regular troops.

There are an estimated 30,000 security "contractors" in Iraq, many of them there to protect U.S. State Department personnel. The presence of these heavily armed private soldiers has become a sore point between the U.S. and Iraqi governments. Until now, the mercenaries -- they object to that label, but it fits -- have been immune from prosecution by the Iraqi courts for any alleged crimes. This will change on Jan. 1, when the new U.S.-Iraqi security pact places them under the jurisdiction of Iraqi law. Blackwater and other firms are likely to have a harder time retaining and recruiting personnel, given the possibility of spending time in an Iraqi prison. Yet it is presumed that more private soldiers, rather than fewer, will be needed as the United States reduces troop levels.

Barack Obama has criticized the Bush administration's decision to outsource so many essentially military tasks in Iraq and elsewhere. The officials who made that decision, however, are not being held accountable -- not yet, at least. We deserve, at a minimum, a thorough investigation of what security contractors have done in the name of the United States.

Putting national security in the hands of private companies and private soldiers was bad practice from the start, and incidents such as what happened at Nisoor Square are the foreseeable result. The five Blackwater guards may have fired the weapons, but they were locked and loaded in Washington.

http://www.washingtonpost.com/wp-dyn/content/story/2008/12/09/ST2008120900107.html

US: Blackwater used grenades on unarmed Iraqis

WASHINGTON (AP) -- Blackwater Worldwide security guards opened machine gun fire on innocent, surrendering Iraqis and launched a grenade into a girls' school during a gruesome Baghdad shooting last year, prosecutors said Monday in announcing manslaughter charges against five guards.
A sixth guard involved in the attack cut a plea deal with prosecutors, turned on his former colleagues, and admitting killing at least one Iraqi in the 2007 shooting in Baghdad's Nisoor Square. Seventeen Iraqis were killed in the assault, which roiled U.S. diplomacy with Iraq and fueled anti-American sentiment abroad.

The five guards surrendered Monday and were due to ask a federal judge in Utah for bail.

"None of the victims of this shooting was armed. None of them was an insurgent," U.S. Attorney Jeffrey Taylor said. "Many were shot while inside civilian vehicles that were attempting the flee from the convoy. One victim was shot in the chest while standing in the street with his hands up. Another was injured from a grenade fired into a nearby girls' school."

The guards were charged with 14 counts of manslaughter and 20 counts of attempted manslaughter. They are also charged with using a machine gun to commit a crime of violence, a charge that carries a 30-year minimum prison sentence.

The shootings happened in a crowded square where prosecutors say civilians were going about their lives, running errands. Following a car bombing elsewhere in the city, the heavily armed Blackwater convoy sought to shut down the intersection. Prosecutors said the convoy, known by the call sign Raven 23, violated an order not to leave the U.S.-controlled Green Zone.

"The tragic events in Nisoor Square on Sept. 16 of last year were shocking and a violation of basic human rights," FBI Assistant Director Joseph Persichini said.

Witnesses said the contractors opened fire unprovoked. Women and children were among the victims and the shooting left the square littered with blown-out cars. Blackwater, the largest security contractor in Iraq, says its guards were ambushed and believed a slowly moving white Kia sedan might have been a car bomb.

"We think it's pure and simple a case of self-defense," defense attorney Paul Cassell said Monday as the guards were being booked. "Tragically people did die."

Prosecutors said the Blackwater guards never even ordered the car to stop before opening fire. In his plea agreement with prosecutors, former guard Jeremy Ridgeway, of California, admitted there was no indication the Kia was a car bomb.

Though the case has already been assigned to U.S. District Judge Ricardo M. Urbina in Washington, the guards surrendered in Utah. They want the case moved there, where they would presumably find a more conservative jury pool and one more likely to support the Iraq war.

The indicted guards are Donald Ball, a former Marine from West Valley City, Utah; Dustin Heard, a former Marine from Knoxville, Tenn.; Evan Liberty, a former Marine from Rochester, N.H.; Nick Slatten, a former Army sergeant from Sparta, Tenn.; and Paul Slough, an Army veteran from Keller, Texas.

Ridgeway's sentencing on manslaughter, attempted manslaughter and aiding and abetting has not yet been scheduled.

An afternoon court hearing was scheduled on whether to release the guards. Defense attorneys were filing court documents challenging the Justice Department's authority to prosecute the case. The law is murky on whether contractors can be charged in U.S. courts for crimes committed overseas.

The shootings caused an uproar, and the fledgling Iraqi government in Baghdad wanted Blackwater, which protects U.S. State Department personnel, expelled from the country. It also sought the right to prosecute the men in Iraqi courts.

"The killers must pay for their crime against innocent civilians. Justice must be achieved so that we can have rest from the agony we are living in," said Khalid Ibrahim, a 40-year-old electrician who said his 78-year-old father, Ibrahim Abid, died in the shooting. "We know that the conviction of the people behind the shooting will not bring my father to life, but we will have peace in our minds and hearts."

Defense attorneys accused the Justice Department of bowing to Iraqi pressure .

"We are confident that any jury will see this for what it is: a politically motivated prosecution to appease the Iraqi government," said defense attorney Steven McCool, who represents Ball.

Based in Moyock, N.C., Blackwater is the largest security contractor in Iraq and provides heavily armed guards for diplomats. Since last year's shooting, the company has been a flash point in the debate over how heavily the U.S. relies on contractors in war zones

The company itself was not charged in the case. In a lengthy statement, Blackwater stood behind the guards and said it was "extremely disappointed and surprised" that one of the guards had pleaded guilty.

Konsekvenserne af USAs outsourcing

I en artikel for Information Clearing House med titlen "The state of the union: meaner, not leaner", skriver advokat og lektor ved NYU William A. Cohn lidt om konsekvenserne af den enorme udlicitering der har fundet sted siden 9/11:

According to the Wall Street Journal, US private federal contractors now total more than 7.5 million, which is four times greater than the federal workforce itself. With federal contracting expenditures approaching half a trillion dollars a year, having doubled during this decade, the US national debt has now surpassed $9 trillion for the first time ever. Outsourcing is supposed to save money, but the New York Times found that less than half of the government’s private contactor actions in 2005 were even subject to open competition.

The Wall Street Journal reports that more than 40 cents of every dollar paid by US taxpayers now goes to private contractors, performing functions including oversight, security and tax collection. Even the most secret and politically sensitive govt. jobs, such as gathering intelligence, legal compliance, budget preparation, and counting the votes in elections are increasingly contracted out, despite a law prohibiting the outsourcing of “inherently governmental” duties. The US government spent $43.5 billion on intelligence gathering operations in 2007, of which about 70% was paid to contractors. Private contractors handle sensitive personal data, take minutes at top-level meetings on national security matters, review and oversee the performance of other contractors, and even help the govt. to determine what services it needs from contractors. The largest source of govt. contracting growth has been the burgeoning national security industry, most notably at the Department of Defense and the newly created Dept. of Homeland Security. Christopher Hellman, fellow at the Center for Arms Control and Non-Proliferation, reports that while last year the total US federal budget was roughly $2.8 trillion dollars, $1 trillion of that was spent on security.

According to an October 24th New York Times report, “The Bush administration has doubled the amount of govt. money going to all types of contractors to $400 billion [in 2006; up from $207 billion in 2000], creating a new and thriving class of post-9/11 corporations carrying out delicate work for the government. But the number of govt. employees issuing, managing and auditing contracts has barely grown.” Critics contend that a lack of accountability, and the ensuing fraud and waste engendered by present govt. operations, undermines the core principle that democratic governance is built on a social contract whereby those elected act for the common interests of the people they are supposed to represent.

Vedrørende Blackwater:

Blackwater – a case of lawless disgrace

The September 16, 2007 killings of 17 Iraqi civilians in Baghdad by private security guards of the US govt. provides a useful case study of the pitfalls of outsourcing traditional military and other governmental functions.

A lawsuit filed in US federal court on November 26th on behalf of five Iraqis who were killed and two who were injured during the shootings accuses an estimated dozen Blackwater bodyguards of ignoring a direct order to stay with the official they were assigned to protect, and, under the influence of steroids, going on a crazed shooting rampage in a section of Baghdad known as Nisoor Square.

Investigations by the US military, FBI and also the Iraqi government found no evidence in support of claims by Blackwater employees that they were fired upon and were therefore acting in self-defense. The US Army investigation determined that there was “no enemy activity involved” and described the killings as a “criminal event.” There is also evidence that Blackwater employees tampered with the crime scene in a cover-up effort. Yet Blackwater continues to receive lucrative govt. contracts and the State Dept. reportedly gave bonuses for “outstanding performance” to officials with direct oversight of Blackwater. How can this be?

Blackwater was founded in 1997, but its security division was incorporated in January 2002, just before the US invasion of Afghanistan, which led to its first contract, with the CIA, in April 2002. One of the key players involved in that contract and securing Blackwater’s role as the leading mercenary company of the Bush administration was Buzzy Krongard, then executive director of the CIA. Buzzy, a friend of Blackwater CEO Erik Prince, went to Kabul in April 2002 and said the agency’s new station there was sorely lacking in security. That same month, Blackwater landed a $5.4 million six-month no-bid contract to provide 20 security guards for the Kabul CIA station, and Blackwater was off and running. Erik Prince has made six-digit contributions to Republican candidates and is well-connected with right-wing power brokers, but maintains that these contacts had nothing to do with Blackwater’s growth during the Bush years from a tiny start-up to a billion dollar federal contractor.

Buzzy Krongard’s brother, the top State Department official charged with investigating allegations of fraud, waste and abuse, has the duty to oversee Blackwater. Inspector General Howard Krongard resigned on Jan. 15th amidst charges of perjury and obstruction of justice in impeding investigations of fraud by contractors in Iraq. The chairman of the House oversight committee investigating fraud in Iraq finds that “the State Dept. is acting as Blackwater’s enabler.” Just what is being enabled?

In 2003, Blackwater was awarded a $27 million no-bid contract to provide the bodyguards for US staff in Iraq. A year later, the State Dept. expanded that contract to $100 million. Blackwater now holds a contract worth $1.2 billion. Over the past 4 years, State Dept. spending on private security firms has risen by 400%, to $4 billion a year, yet few officials act to oversee the contracts. Private contractors are paid up to 7 times what US soldiers are paid, yet, according to the Times, “The State Dept. has said that it will continue to rely on contractors because, for now at least, it has no choice… the military does not have the trained personnel to take over the job.” An official inquiry by the Special Inspector General for Iraq reconstruction found that the State Dept. was unable to say what is was receiving for much of the money given to DynCorp (whose employees were implicated in sex crimes committed in the 1990s in the Balkans), the second largest private contractor in Iraq and Afghanistan over the past 3 years.

Ultimately, Blackwater continues to prosper because the State Dept. and the armed forces have become depleted and anemic. The government has ceded so many core military responsibilities to firms like Blackwater and Halliburton that it can no longer afford to fire them. An early 2007 Wall Street Journal report found that due to its increasing tendency to outsource, the US govt. is rapidly losing its expertise and competence in vital areas such as security and defense, leading to what the author calls “the outsourcing of its brain.”

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