Blackwater Guards Could Get 30 Years In Jail For Massacre

WASHINGTON — Five Blackwater Worldwide security guards have been indicted and a sixth was negotiating a plea with prosecutors for a 2007 shooting that left 17 Iraqis dead and became an anti-American rallying cry for insurgents, people close to the case said Friday.

Prosecutors obtained the indictment late Thursday and had it put under seal until it is made public, perhaps as early as Monday. All who discussed the case did so on condition of anonymity because the matters remain sealed.

Six guards have been under investigation since a convoy of heavily armed Blackwater contractors opened fire in a crowded Baghdad intersection on Sept. 16, 2007. Witnesses say the shooting was unprovoked but Blackwater, hired by the State Department to guard U.S. diplomats, says its guards were ambushed by insurgents while responding to a car bombing.

Young children were among the victims and the shooting strained relations between the U.S. and Iraq. Following the shooting, Blackwater became the subject of congressional hearings in Washington and insurgent propaganda videos in Iraq.

The exact charges in the indictment were unclear, but the Justice Department has been considering manslaughter and assault charges against the guards for weeks. Prosecutors have also been considering bringing charges under a law, passed as part of a 1988 drug bill, that carries a mandatory 30-year prison sentence for using a machine gun in a crime of violence.

The Justice Department has ordered five of the six guards to surrender Monday to the FBI, but details of where and precisely what time were still being worked out Friday, according to those people close to the case.

The remaining guard has been negotiating to reduce the charges against him in return for cooperation. If completed, such a deal could provide prosecutors with a key witness against the other five. Others in the convoy have already testified before a federal grand jury about the shooting.

Justice Department spokesman Dean Boyd declined comment.

Blackwater spokeswoman Anne Tyrrell said, "We've consistently said that we do not believe the guards acted unlawfully. If it is determined they did, we would support holding them accountable."

Regardless of the charges they bring, prosecutors will have a tough fight. The law is unclear on whether contractors can be charged in the U.S., or anywhere, for crimes committed overseas. The indictment sends the message that the Justice Department believes contractors do not operate with legal impunity in war zones.

Based at a sprawling compound in Moyock, N.C., Blackwater itself is not a target of the FBI investigation. Company officials have cooperated with the investigation.

To prosecute, authorities must argue that the guards can be charged under a law meant to cover soldiers and military contractors. Since Blackwater works for the State Department, not the military, it's unclear whether that law applies to its guards.

Further complicating the case, the State Department granted all the Blackwater guards limited immunity in exchange for their sworn statements shortly after the shooting. Prosecutors will need to show that they did not rely on those statements in building their case.

The State Department declined to comment and referred questions to the Justice Department.

Comments

[militarymomforobama]

Groups like BW put our military at risk. Another example of the Cheney Bush war-for-profit machine. Why aren't people more upset about this?

[MarkVA71]

Justice is served.

[rich misty]

Blackwater says Iraqis are not really human beings, so no capital crime could have been committed.

Bush agreed with them of course.

[terry52]

WoW! 17 civilians killed, and they may get as much as 30 years. I guess iraqi lives don't mean much. even some non combatants are still waiting in quantonomo bay for a hearing...I believe that has been at least 5 years. Make a bet...they won't serve a month.

[pashn8npa]

They should be tried in Iraq, under the new SOFA agreement, not in a fake trial in D.C., our troops work hard to build trust in Iraq and in comes blackwater and destroys everything in their path....

[Stilts9]

Blackwater, and entities like it, are terrorists for hire.

[enyapjeff]

They also need to indict and prosecute the guys that hired them, George Bush, Dick Chaney, Don Rumsfeld.

[DeanAdams]

The Nazis like Eric Prince who run Blackwater are just as responsible as the guys who pulled the trigger, They should be sent away for condoning, encouraging and looking the other way while this type of crime was taking place not to mention the fraud and theft that has occurred under their government contracts.

[research]

Mercenaries anywhere

are a threat to

freedom everywhere.

[stepintothelight]

Drop them all in some southern Iraqi town with sticks and rocks against the locals ... let these Blackwater pieces of menstrual waste suffer just as they have made thousands. Bet they wouldn't feel so tough without their large penile extensions ... I mean guns!!!

[realpolitic]

Blackwater is not above the law. What if Fox News and Blackwater merged? They would have the power to start wars and then fight them. Their stock price would go up and investors would be happy. Eventually, they would overthrow America and we would lose our Bill of Rights permanently.

[grf67]

Excellent choice if execution is not available.

[LeeCalif]

Thirty years ?

They should be executed.

[pbcrunch]

Even though I don't like Blackwater or the whole concept of contract armies, this is a clear case of prosecutorial overreach using a vaguely worded law intended for other crimes. This is an abuse of the law that was passed in 1988; those of you that don't like the PATRIOT Act with its vaguely worded provisions being used against "regular" criminals, not terrorists, cannot like how this law is being used, as well.

[dwright]

Just read "Blackwater: The rise of the World's Most Powerful Mercenary Army" by Jeremy Scahill. These types of hired guns have got to be put out of business. Remember that WAR is their business so why would they want PEACE. It is really interesting that they claim now to be peace keeping forces. They were also one of the first "forces" to arrive in New Orleans - they didn't bring water or food or rescue anyone with their helios. Also remember the shooting that went on there - they only thing they brought to New Orleans was weapons. We have got to stop them - this is Ike's fear - a military industrial complex that is not made up of civilian soldiers.

[RTIII]

Thank you for bringing up New Orleans and Ike.

Both Ike's warning AND the experience of New Orleans point directly to the need to eliminate BW.

We MUST push the new administration to outlaw such organizations PERMANENTLY.

Please remember and push on this point! We must wait, though, some several weeks... Jan 20 can't come soon enough for me.
.

[christianmama4change]

Blackwater deserves to have its contract with the military cancelled by an Obama administration. They have muddied the waters and the reputation of decent American soldiers who are not trigger happy just because Iraqis are not white. About time DOJ prosecuted these mercenaries - Iraqi civilians are humans and for goodness sake, the US is their occupier not an invited guest.