A Culture Of Impunity

Scott Horton, in Harper's:

Today, Human Rights First released its report “Private Security Contractors at War: Ending the Culture of Impunity”(4MB PDF), which I helped write and edit. The report’s focus is not on the misdeeds of private military contractors in Iraq and Afghanistan. Rather it focuses on the United States Government, and particularly the Department of Justice. The Bush Administration has crafted a culture of impunity for contractors in Iraq. This can be seen in a number of acts and in a policy of official indifference towards violent crime involving contractors. The victims of this policy are Iraqi civilians, coalition military, and members of the contractor force themselves. As a senior general in Iraq recently told one of my colleagues: “The three biggest threats faced by American soldiers in Iraq are IEDs, al Qaeda fighters, and unaccountable contractors.” Repeated hearings and demands for action from Congress are ignored by the Justice Department.

Legal Mud

New York Times:

Justice Department officials have told Congress that they face serious legal difficulties in pursuing criminal prosecutions of Blackwater security guards involved in a September shooting that left at least 17 Iraqis dead.

In a private briefing in mid-December, officials from the Justice and State Departments met with aides to the House Judiciary Committee and other Congressional staff members and warned them that there were major legal obstacles that might prevent any prosecution. Justice officials were careful not to say whether any decision had been made in the matter, according to two of the Congressional staff members who received the briefing.

The staff members, who asked not to be identified, disclosed details of the meeting in interviews this week.

The December briefing took place after a federal grand jury had been convened in the case, suggesting that prosecutors had decided to begin hearing testimony with potential prosecution problems still unresolved.

Justice Department officials said Tuesday that the briefing had principally been held to answer questions concerning those problems, one of which arose when State Department investigators granted Blackwater employees a limited form of immunity for what they disclosed. There are also questions about whether federal law applies to the Blackwater contractors.

Gas

New York Times:

The helicopter was hovering over a Baghdad checkpoint into the Green Zone, one typically crowded with cars, Iraqi civilians and United States military personnel.

Suddenly, on that May day in 2005, the copter dropped CS gas, a riot-control substance the American military in Iraq can use only under the strictest conditions and with the approval of top military commanders. An armored vehicle on the ground also released the gas, temporarily blinding drivers, passers-by and at least 10 American soldiers operating the checkpoint.

“This was decidedly uncool and very, very dangerous,” Capt. Kincy Clark of the Army, the senior officer at the scene, wrote later that day. “It’s not a good thing to cause soldiers who are standing guard against car bombs, snipers and suicide bombers to cover their faces, choke, cough and otherwise degrade our awareness.”

Both the helicopter and the vehicle involved in the incident at the Assassins’ Gate checkpoint were not from the United States military, but were part of a convoy operated by Blackwater Worldwide, the private security contractor that is under scrutiny for its role in a series of violent episodes in Iraq, including a September shooting in downtown Baghdad that left 17 Iraqis dead.

There is no such thing as accountability

Associated Press

The State Department promised Blackwater USA bodyguards immunity from prosecution in its investigation of last month's deadly shooting of 17 Iraqi civilians, The Associated Press has learned.

The immunity deal has delayed a criminal inquiry into the Sept. 16 killings and could undermine any effort to prosecute security contractors for their role in the incident that has infuriated the Iraqi government.

"Once you give immunity, you can't take it away," said a senior law enforcement official familiar with the investigation.

Who's The Boss?

Washington Post:

A confrontation between the U.S. military and the State Department is unfolding over the involvement of Blackwater USA in the shooting deaths of Iraqi civilians in a Baghdad square Sept. 16, bringing to the surface long-simmering tensions between the military and private security companies in Iraq, according to U.S. military and government officials.

In high-level meetings over the past several days, U.S. military officials have pressed State Department officials to assert more control over Blackwater, which operates under the department's authority, said a U.S. government official with knowledge of the discussions. "The military is very sensitive to its relationship that they've built with the Iraqis being altered or even severely degraded by actions such as this event," the official said.

"This is a nightmare," said a senior U.S. military official. "We had guys who saw the aftermath, and it was very bad. This is going to hurt us badly. It may be worse than Abu Ghraib, and it comes at a time when we're trying to have an impact for the long term." The official was referring to the prison scandal that emerged in 2004 in which U.S. soldiers tortured and abused Iraqis.

Washington Post:

An ongoing battle between Secretary of State Condoleezza Rice and a House committee investigating Iraqi government corruption and the activities of the Blackwater security firm erupted into another skirmish yesterday as Rep. Henry A. Waxman (D-Calif.) accused Rice of interfering with the committee's work and preventing administration and Blackwater officials from providing pertinent information.

In the latest of a series of exchanges, Waxman, chairman of the House Oversight and Government Reform Committee, wrote Rice to urge that she "reconsider the unusual positions you are taking." Congress has a "constitutional prerogative" to look into the issues, he wrote, and she is "wrong to interfere with the Committee's inquiry."

Los Angeles Times:

The State Department has interceded in a congressional investigation of Blackwater USA, the private security firm accused of killing Iraqi civilians last week, ordering the company not to disclose information about its Iraq operations without approval from the Bush administration, according to documents revealed Tuesday.

In a letter sent to a senior Blackwater executive Thursday, a State Department contracting official ordered the company "to make no disclosure of the documents or information" about its work in Iraq without permission.

The letter and other documents were released Tuesday by Rep. Henry A. Waxman (D-Los Angeles), whose House committee has launched wide-ranging investigations into contractor abuses and corruption in Iraq.

War Profiteering

ProgressiveSouth has an important post about the ongoing hearings:

As Rep. Henry Waxman (D-CA) gears up for the second day of his House Hearings on Waste, Fraud and Abuse of Taxpayer Dollars, the focus will shift to North Carolina-based Blackwater International....

Blackwater's ill-fated presence in Iraq has been especially curious because, for many of their missions, no one could find the U.S. contract that actually authorized them to be working there.

UNTIL NOW. Yesterday, the Army finally disclosed who had sub-contracted Blackwater's operations -- and it's none other than our good friends Halliburton (via AP)...