Report: Five Blackwater Guards Indicted In Iraq Shooting That Left 17 Dead

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

[KlausPV]

There are only three options:
1. There was a real attack and their actions were justified. - This seems unlikely as probably not so many civilians would have been killed and these charges would never have made it to an indictment.
2. There was no attack and they just decided to jump out of their vehicles and started to shoot everyone. - This seems highly implausible to me.
3. They were under the impression of an attack, misjudged the situation and overreacted. - This to me is the most likely situation.

I feel bad for these men and hope they won’t get convicted to a lengthy prison term. “30 year mandatory prison terms” shock me every time I hear of such a thing. I find this cruel and inhumane - regardless of the crime.
They should never have been in Iraq to begin with and probably just made a very bad error or where just not up to the task or the pressure. I just hope these young men will now not have to spend most of their lives in prison.

[theepoxyman]

Our so called "leaders" (shrub, et al) keep telling us over and over that we have the finest military in the whole world. If that is so, why the hell do we need these lawless hired killers for? The next crowd in DC needs to pass laws that do not allow private contractors to act as military personnel, anywhere in the world, but especially in the USA :(New Orleans).

[Ramirez]

Our military does not work as body guards or personal security. We have always hired professionals for that.

[ErnestineBass]

Hmmm...I could have sworn every United States Embassy in the world has a contingent of Marines guarding its gates.

[bikerdude]

Why aren't we indicting the executives at Blackwater? Who gave these mercenaries the orders that permitted them to go on such a shooting rampage? I read most of the articles posted about Blackwater and even subscribed to their newsletter. They do attract more than their share of crazies, but even in our uniformed military they exsist. The military has way better control over them. I think that Blackwater is a group of very dangerous people and I for one would love to see them put out of business.

[Berettasskeeter]

Who gives the orders to sell cars that are later used in bank robberies? Who gives the orders to sell computers that are later used by hackers?
What an inane question!
Semper fi

[MajorKong]

It's a perfectly valid question. What was their chain of command? What rules of engagement were they operating under?

That's the problem with having armed "contractors" in a combat zone. They operate in a legal gray area, subject neither to the UCMJ or any Status of Forces Agreement. Subject neither to US law or any other.

Kind of makes me wonder what they're REALLY used for, since I can't imagine paying that much money for "mall cops" as you called them.

Maybe my tinfoil hat's on a bit too tight but I suspect there may be some "wet work" involved that they don't want traced back officially.

[dhinds]

A few questions come to mind:

if Americans contracted by the State Department committed crimes in Iraq, can diplomatic immunity be claimed?

Has Iraq's Government agreed to allow heavily armed American "Contractors" full run of the country and allow them to use those arms against Iraqi citizens who pose no threat and have committed no crime?

If such attacks can occur with impunity, does this signify that the Iraqi Government owes it mandate to the country that used it's military might to overthrow Iraq's previous government, creating an opportunity for Iraq's current leaders to take power?

Was that part of liberating Iraq and making it more democratic?

Was Privatizing War justified using the same logic as Privatizing Iraq's Oil Reserves? Does this demonstrate our Ideological superiority?

Is Justice be expected to prevail in this world? Whose world is it, anyway?

[Berettasskeeter]

And you have NO answers to ANY of those questions? Can you not do any of your own research? Diplomatic immunity is part of a carefully orchestrated agreement between countries. Not all State employees have dip. immunity, and there are varying levels of immunity.
Which part of the Iraq war was privatized? Please be specific, and remember that the various contractor groups work for various government entities and are not there on their own behalf.
Please rid your mind of the lazy claptrap of the Left. The world belongs to those strong enough to hold onto their part of it. There are no white doves waiting to land and have peace declared in their names. There is no utopia or Xanadu. Get a life.
Semper fi

[dhinds]

Someone calling himself "Berettasskeeter" answered my questions as follows:

"And you have NO answers to ANY of those questions"?

Do you know what a rhetorical question is?

"Can you not do any of your own research"?

My purpose was to provoke thought!

Were you unhappy with my questions? Do I need your permission to ask?

(Diplomatic Immunity will be covered in Part II)

"Which part of the Iraq war was privatized?

A War is Privatized when a privileged few benefit from public policy and the rest of us pay. The money for the war was public (like the Texas Air Reserve Jet W flew to visit his girl friend, when young) and I don't mean just Halliburton, Bechtol and Blackwater - I mean the beer sold by Cindy Hensley to our Troops in Iraq, too; and I mean the nation's financial reserves that W used to finance the war, the reserves that are all gone now, and the national debt he incurred, the debt that lowered the value of the dollar by a third.

"Please rid your mind of the lazy claptrap of the Left".

At least you said "please". Would you deprive me of my right to hold and voice an opinion?

"The world belongs to those strong enough to hold onto their part of it".

In Baghdad?

"There is no utopia or Xanadu".

Is that something you learned in the Corps?

"Get a life".

Get a mind, and do something constructive.

[MajorKong]

"The world belongs to those strong enough to hold onto their part of it."

That's been the motto of tyrants since history was first recorded. They'd have loved you in the Red Army comrade.

[HumeSkeptic]

Our government hired k!llers from around the world, through Blackwater. They k!lled civians, including children, in cold blood. And this is not the only crime in Iraq that Blackwater is associated with.

Ideally, these k!llers should be tried in the country where they committed crimes, according to local laws.

But, our government should also be held accountable for hiring these k!llers.

This is not my America. My America doesn't hire k!llers.
.

[Berettasskeeter]

Oh, what nonsense. Plese read your history. The country has hired whomever it needed at the time. Blackwater provides a necessary service with excellent people. If you cannot discern those facts, you are undeserving of the name "skeptic". A true skeptic does his research and speaks from a position of strength instead of silliness like "this is not my America".
Semper fi

[HumeSkeptic]

Educate me. When did we hire k!llers before this.

Your "excellent people" are the ones who k!lled in cold blood. Read the article.

Never mind what my name is. Stay with the topic. It's not about me, it is about the hired k!llers of Blackwater.

.

[bikerdude]

Are these the same "excellent people" who are now being indicted for murder?
Mercenaries are not "honorable" people an need to be closely managed. They are not to be trusted, ever...

[motoGpifupleez]

Adios my friends, and not so much friends. I must bid you adiue for the day as the real world is calling, but I must say, this has been a most enjoyable discussion and one I'm sure will be ongoing for many years to come as our beloved President-Elect has given no indication toward a willingness to terminate Blackwater's involvement in Iraq despite that country's insistance it be done. Guess that shows them who's really in charge of their soverign (wink, wink) country.

[Deidroni]

Just think what these private military contractors are doing to the moral of the US Armed Forces. They're earning probably five times as much money and don't have to follow the Uniform Code of Military Justice.

In addition, if we have the "greatest military" in the world, why does the State Department require private mercenaries for protection?

[myangeldog1]

I've been on this thread for 2 days and have read every comment...­...99.9% excellent points yea or nay. I couldn't even sleep last night because this topic kept swirling around in my brain....t­hen the thought came to me. The reason for Blackwater is for security purposes..­..simply because our Military has been cut back and cannot afford to remove soldiers from their f i g h t i n g units....m­ost Blackwater employees are ex military..­......SO..­....why don't these Blackwater military people re-enlist??? Why work outside the code and legalities of the U.S Military? If they're physically capable of carrying out their duties as highly trained and lethal security guards then why in the he// don't they become active in the Military again? Do the same exact thing they are doing now only in uniform?

[motoGpifupleez]

Because they are NOT Patriots, they are MERCENARIES. They are there because they want to get PAID! well, that and the fact that they can kill people with impunity. Alright bterrasski­ss...sorry­,..eeter, spill some more of that Rethuglican bile for us.

[Berettasskeeter]

I see! Noone should be paid for defending their country or working for their government. What a juvenile idea!
Semper fi

[Berettasskeeter]

People leave the military for as many reasons as there are individuals. Most for family reasons, a lot for money or professional reasons. I know you wouldn't deny them the same rights you have to pursue success and wealth, would you?
Semper fi

[myangeldog1]

I'm sorry Beretta but I look at the above photo and I'm brought to tears.....­yes I'm a bleeding heart Liberal w u s s (who also loves her Beretta & Benelli..g­o figure)...­.but LOOK at that photo.....­look at those soldiers crouched down behind the barracade and the two guys in plain clothes...­...I find this photo VERY telling and VERY disturbing­....no I've never been to w a r....Mine is a different calling in this lifetime..­...but that does not mean that I am less of a Patriot or American than somebody who wears a uniform. Is a parishioner any less faithful than his Priest? I was wearing a P O W bracelet (which I still have because he's never been found) when I was 10 years old. I'm a simple Missouri country girl Beretta...­never had a lust for monetary wealth....­.yet would never deny others their choices in life. Dammit I'm tired of the division that exists between the left and the right....W­e are ALL Americans.­.....and until Blackwater is supported by our Constituti­on....they are NOT.

[rzzza]

well as mercenaries they get paid more for one

[motoGpifupleez]

Oh how I wish we could turn those Blackwater mercinaries and their leader Eric Prince over to Muqtada al-Sader and his merry band, then they would be on the recieving end for once. Instead, this will be expidited so W can pardon them before January 19 and Cheney can give the Prince family anothe fat, juicy no-bid contract. Those rotton mercs are probably helping out with the "honor killings" too. Hey Democrats, grow a spine and deal with Blackwater once and for all (Yeah, I'll hold my breath waiting for THAT to happen).

[Berettasskeeter]

I love it when I hear comments like that. It reminds me why I despise the Left. The men and women of Blackwater are U.S. citizens, just as you are. The main difference is that they've earned the right to be considered citizens, where you just happen to have been born here, I presume. They've served honorably, and moved on to more lucrative work. They have families to support and aspirations that probably far exceed anything you've yet come up with.
Semper fi

[Shortyfuse]

You are so wrong Berettasskeeter. The are nothing more than "Brownshirts" who make more money off taxpayers than our regular Army. I doubt that they serverd honorably , they just served their pocketbooks doing the only thing they know how to do " follow orders".. The fact that they are Corporate hitmen make they warcriminals .We only buy the man in uniform mantra up to a certain point.

[motoGpifupleez]

Oh that's right, guys like you are MORE American than the rest of the citizens. A murderer is a murderer, plain and simple. Deal with it.

[butonelife]

I love it when I hear comments like yours. It reminds me why the Winger Right are so bereft of honor. Military service is not a ticket to moral impunity and members of my family who served as far back as WWII understood that well. Sad to see you don't.

[myangeldog1]

You despise the left Beretta? I find this very dishearten­ing......y­ou're lumping us all into the same category..­.. Why?

[myangeldog1]

"It reminds me of why I despise the left".....­THAT right there is why I'm afraid of Blackwater­.....

[SinisterK9]

Let the justice system work. Whether or not they are guilty has yet to be determined.

[WhatupGod44]

rzzza, it doesnt hurt my pride one bit. Mercenaries or not, they're still American so i don't see why it makes a difference if they're American soldiers or Mercenaries, they're American regardless

[Ramirez]

In other Iraq news, the the new U.S.-Iraq security pact that was approved by Iraqi lawmakers in November was ratified by Iraq’s Presidency Council on Thursday, senior U.S. officials said. The agreement establishes the foundation of a long-term bilateral relationship between the United States and Iraq.
Charles Krauthammer celebrated this historical pact yesterday at the Washington Post:


"For the United States, this represents the single most important geopolitical advance in the region since Henry Kissinger turned Egypt from a Soviet client into an American ally. If we don't blow it with too hasty a withdrawal from Iraq, we will have turned a chronically destabilizing enemy state at the epicenter of the Arab Middle East into an ally. "

http://www.washingtonpost.com/wp-dyn/content/article/2008/12/04/AR2008120402858.html

[MajorKong]

Wow. Charles Krauthammer and Henry Kissinger in one post. If you could work Kristol or Perle in there you could hit the neocon trifecta.

[Shortyfuse]

Ha Ha Ha I haven't laughed that hard in a long time MajorKong. I wish I were that quick witted. Good one.

[kellygrrrl]

btw, Elsa Prince, mother of Erick Prince, founder of Blackwater = 4th largest donor to Yes on Prop 8 campaign - donating half-million dollars.

neat family

[Berettasskeeter]

What, he has no right to donate to causes in which he believes? Only homosexuals are able to tell the country what is best for us all? I salute Prince for putting his money where his beliefs are.
Semper fi

[motoGpifupleez]

Poor lost Rethuglican, this site is not a place you want to be. Stategic withdrawal is recommended. If what I've seen so far is your "A" game, you are in deep doo-doo here.

[butonelife]

Pull your neck in, she said nothing about mom's RIGHT to contribute, she merely pointed out her bigotry, the point of which I agree with entirely. And where you get the idea that homosexuals want to "tell the country what is best for us all" is as ridiculous as it is incomprehensible. You're pretty shrill and screechy today, better take a rest.

[kellygrrrl]

right! Prop 8 is all about the homosexuals attempting to dictate RIGHT for the whole world

surely even YOU can see how ironic that is

[ronnierayjenkins]

"Empty Chairs"

The old fat men in Washington

Sit round and order up young guns,

And blame it all on 9-1-1

Their drumbeats rattle on and on.

http://www.ronnierayjenkins.com/topics/deathinappalachia/Empty_Chairs/

[Berettasskeeter]

The argument of old men sending young men into war has been going on since before the birth of Christ. Read a little Cicero and you'll find his very cogent response to that argument.
Semper fi

[motoGpifupleez]

Back then leaders lead from the front. That's why they were called Leaders. Your hero Eric Prince is wallowing in his money pile back in the good 'ol USA.

[nick53]

time for justice indeed... This is one thing I hope Obama gets right...(a­part from everything he's already got under his belt such as http://www.spinwhip.com/obama).
reconciliation and unity yes. Impunity, NO!

[kellygrrrl]

the State of CA said thanks-but­-NO-thanks to Blackwater West, and that made the ChristoCons very upset.

[LITU]

Mercenary is a euphemism for paid murderer. To that extent, so is a soldier in the military, except that one is held to some accountability and the other not. I like to keep it simple and to the point.

[Berettasskeeter]

Please look up mercenary, instead of whipping up definitions off the top of your head. Mercenaries have been used for centuries for a variety of reasons. Only a few include paid murder. Most are used because they are cheaper than standing military forces!
Semper fi

[motoGpifupleez]

Cheaper, right. The lower the moral standard, the more streamlined the process.

[LITU]

You always seem to respond on the side of violence and the military model.

I am well aware of the definition of mercenary and its practical application.

BTW, your REPEATED abuse of Semper Fi is insulting to those of us who actually served with honor.