Blackwater Immune?

What a surprise, an unnamed person in State Department's Bureau of Diplomatic Security gave Blackwater guards immunity for there testimony relating to the murder of 16 Iraqi civilians. That individual may have been fired, but no one is stepping up to the plate to expand on the information which was leaked - yes leaked. The State Department did not come forward on its own to inform us (or apparently Congress) of this little "fly in the ointment" into the investigation into the "incident."

According to ABC News, the immunity was offered immediately following the incident resulting in the deaths of 16 Iraqi civilians. The exact wording of the immunity as presented to ABC was:

I understand this statement is being given in furtherance of an official administrative inquiry," and that, "I further understand that neither my statements nor any information or evidence gained by reason of my statements can be used against me in a criminal proceeding, except that if I knowingly and willfully provide false statements or information, I may be criminally prosecuted for that action under 18 United States Code, Section 1001."

The State Department stated that the immunity was given without consultation with senior department leadership. Regardless, it is questionable whether the individuals involved could be prosecuted. It seems from various reports that they might be prosecuted, but only if independent evidence is collected separate from the statements of the immunized Blackwater contractors.

The whole thing smells, and there has been discussion form early on in the occupation that contractors essentially had no legal controls. Paul Bremmer's Coalition Provisional Authority gave contractors immunity from Iraqi law, and it was pretty clear that they were also immune from U.S. prosecution. In other words, contractors (and mercenaries) could act with impunity in Iraq.

In the wake of the events of October 16th when the Iraqi government futilely attempted to eject Blackwater from Iraq and were overruled by the Bush administration, they have passed legislation that allows them more control over contractors. Time will tell if the Bush administration will allow this law to stand.

The whole thing stinks. Given that the State Department gave Blackwater employees immunity immediately after the incident is indicative of several things. First, that it was clear that the mercenaries actions went beyond the pale and would come under scrutiny. Second, that such a practice was common. The investigation and the pro-forma immunity happened too quickly. I am left to assume that this is a standard procedure. Apparently most of the time the indiscretions do not come to U.S. public attention. However, when they do, the State Department can show they were on the ball by starting an immediate investigation. Of course, that investigation likely goes nowhere 99% of the time.

The train of events, sketchy as they are, also raise the question of contractors on U.S. soil. After all, Iraq is not the only place the U.S. has mercenaries. Military bases are using them for security; they are working with Homeland Security on the U.S. - Mexican border. Who knows where else? Are they too immune from criminal acts? Is the provision of immunity for "administrative investigations" common practice outside Iraq? Lots of questions and I have no answers, but hopefully someone with connections will share what they know.

News Reports
10/30/07 Jakes, AP, Blackwater Immunity Draws Criticism

10/29/07 Shactman, Wired, Blackwater Immunity Deal: Huge Conflict-of-Interest

10/30/07 Council on Foreign Relations, Top of the Agenda: Blackwater Immunity

10/30/07 CCR, Blackwater Employees' Immunity Will Not Affect Civil Case

10/30/07 Haynes, Times Online, New Iraqi law will bring tighter control over private security firms

Posted by rowan at October 31, 2007 8:16 PM | [eMail this article!] |