Congressman David Price Asks, If Not US than Who?

The New York Times reported today that F.B.I. Says Guards Killed 14 Iraqis Without Cause

Federal agents investigating the Sept. 16 episode in which Blackwater security personnel shot and killed 17 Iraqi civilians have found that at least 14 of the shootings were unjustified and violated deadly-force rules in effect for security contractors in Iraq, according to civilian and military officials briefed on the case.

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Earlier this year, Congressman David Price, a Democrat from the NC 4th district pushed a provision that was included in the Defense Bill. The bill provides more “transparency and accountability in the government’s use of armed contractors in Iraq and Afghanistan.” The Price provision would strengthen this bill and enable Congress with the ability to provide more oversight of these contractors.

Today on WUNC radio, Catherine Brand interviewed Congressman Price about the letter he sent to Secretary of State, Condoleezza Rice asking for further inquiry into the incident. ( listen to the full interview here ) In the interview, Con. Price asks, “ If it turns out that Sec. Rice is not able to prosecute this case, do we cede jurisdiction to the Iraqi courts? We’ll be credible only if we have some way of bringing these people justice. Assuming that the investigation will provide that this is a prosecutable case, if not, the problem remains to be addressed at a later date…..If it turns out that they are not subject to US Civilian law, what are they subject to?”

Congressman Price ended the interview with this opinion, “If the investigation does reveal that the Blackwater contractors were in the wrong what will happen? In the past they would be fired and expelled from Iraq, this is not good enough for this case. The Iraqi government is asserting itself by saying we’re going to take charge of this. It doesn’t play into the suspension that these contract personnel are trigger happy, been shooting up crowds of civilians. Unfortunately reinforcing that narrative has the potential to jeopardize our mission and our troops.”

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Thanks, Mo for making sure we saw this.

David Price is doing a great job.

Robin Hayes lied. Nobody died, but thousands of folks lost their jobs.

front paged

Did you see that the Inspector General who was investigating Blackwater had to recuse himself because his brother is on Blackwater's board of directors?

Ooopsie.



Be the change you wish to see in the world. --Gandhi

I have a daily scan for David Price

and he is totally all over the interTubes these days because of contractor oversight. I hope he notices the spotlight and pushes this hard.

David is a level-headed guy who people will listen to. Folks know he's not a hot head, so he has enormous credibility when he finally does get fired up about something.

I've spoken with him personally on this issue and I can tell you he is absolutely fired up about this. It's about as close to outrage as I've ever seen in the good Congressman. May ya'll could help keep him fired up with words of support and encouragement. I want him to carry this issue all the way to the end, whatever that may be. For me personally, the only honorable end would be the complete elimination of the use of mercenary forces (armed contractors) by the United States government. If we can't fight our battles the old fashioned way (with a well-trained, fully staffed military) then we should not be fighting them at all.

You can reach him here. Please take a moment to write to him.

momoaizo's picture

Called both his Raleigh and Washington

offices yesterday to thank him for holding contractors especially Blackwater accountable. Left an invitation for Con. Price on his communication's director, Paul Cox vm to come by BlueNC and post more about this. Hope that happens.

No matter that patriotism is too often the refuge of scoundrels. Dissent, rebellion, and all-around hell-raising remain the true duty of patriots.

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that would be awesome, Mo

that would be awesome.



Be the change you wish to see in the world. --Gandhi

I'm not

holding my breath that anything remotely looking like justice will come from this. Jeremy Scahill recently wrote in the Los Angeles Times about the loopholes Blackwater can dance through ...

Who will prosecute the killers?

The answer may be no one. That certainly seemed to be the view of veteran diplomat Patrick Kennedy, who recently reviewed the State Department’s use of private security. Kennedy and his team came back from Baghdad concluding that they were “unaware of any basis for holding non-Department of Defense contractors accountable under U.S. law.”

Although the FBI conclusions appear damning, each of the three potential avenues for prosecuting Blackwater have fatal flaws:

U.S. civilian law: The Military Extraterritorial Jurisdiction Act of 2000 provides for prosecution in federal court of U.S. contractors for crimes committed overseas. The problem is that this law only applies to contractors working for or directly accompanying the U.S. military. Blackwater works for the State Department in Iraq as “diplomatic security,” which is separate from military operations. Legislation has been introduced that would expand the act to apply to all contractors, but not retroactively. The Justice Department might argue that the Blackwater guards were indeed accompanying the military, but courts could well throw out such a case.

U.S. military law: In late 2006, Sen. Lindsey Graham (R-S.C.) inserted an amendment in the Defense Authorization Act that places all U.S. contractors under the Uniform Code of Military Justice, the court-martial system. But this has not been tested, and the Department of Defense has shown no desire to use this option against any security contractors — let alone ones who aren’t working for the military. Facing a military prosecution, Blackwater could even get support from civil libertarians, who would see it as a creep toward applying military law to civilians.

Iraqi law: The Iraqi government wants to prosecute the Blackwater shooters in its courts, but that isn’t going to happen. The day before L. Paul Bremer III ended his tenure as the head of the Coalition Provisional Authority in Iraq in June 2004, he issued Order 17. It grants all contractors sweeping immunity from prosecution in Iraqi courts. There is a provision that allows the U.S. to lift immunity in individual cases, but Washington would never hand over a U.S. citizen to an Iraqi court.

“These legal loopholes amount, in practice, to a license to kill with impunity,” says Michael Ratner, president of the Center for Constitutional Rights, which is suing Blackwater for wrongful death and war crimes in federal court over the shootings. “There is no genuine deterrence to acting unlawfully.”

As far as I'm concerned,

the moment the CPA was dissolved the rules and orders they dictated dissolved with them, including this order.

The Iraqi government will never attain a level of credibility with their own population until they can protect the citizenry from all crimes and criminals. Including the ones we brought there.

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