Feral Jundi

Thursday, September 24, 2009

Legal News: Some Thoughts on HR 3571

Filed under: Legal News — Tags: , , , , , , , — Matt @ 12:09 PM

There was a 19 % increase (from 10,743 to 13,232) of armed DoD PSCs in Iraq compared to the 2nd quarter FY 2009 census. This increase can be attributed to an increased need for PSCs to provide security as the military begins to drawdown forces and to our continued improved ability to account for subcontractors who are providing security services. 

. There was a 20% increase (from 4,111 to 5,165) of armed DoD PSCs in Afghanistan compared to the 1st quarter FY 2009 census. The increase correlates to the build up of forces in that AOR. -Contractor Support of U.S. Operations in USCENTCOM AOR, Iraq, and Afghanistan, June 30,2009

*****

   There is a lot of talk in the anti-defense industry circles these days about HR 3571 and how it could apply to the removal of a lot of the big players in the defense industry.  You don’t hear about reforming the industry or anything, just the idiotic notion of eradicating the defense industry–national security be damned. I am sure our enemies are liking this one…Pffffft.

   The other thing to note, is that HR 3571 was created as a mechanism to defund ACORN.  I don’t think lawmakers intended on inadvertently defunding the entire defense industry. It is all about the intent people, and the intent to do such a thing is not there.

(more…)

Monday, September 14, 2009

Legal News: My Thoughts on Saleh Vs. Titan/CACI

     First off, I am not posting this to say that contractors are above the law or that we should not be held accountable.  I want us to be held accountable and to serve honorably. But does that mean that all of our rights and legal protections should be thrown out with the bath water?  I don’t think so, nor will I support that.

     I also think that being covered by the UCMJ is appropriate, just as long as the military exercises that right to use UCMJ for matters concerning contractors.  We are also accountable to the various SOFA’s out there, so to say that we are above the law is just not true.

(more…)

Saturday, September 12, 2009

Legal News: Court Dismisses Iraqi Contractor Torture Case

Filed under: Iraq,Legal News — Tags: , , , , , , , — Matt @ 8:15 AM

“During wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor’s engagement in such activities shall be preempted,” Judge Laurence Silberman said in the ruling. 

   This is big, and this is the kind of good news the contracting community needs.  Precedents like this are what we need for further protection in the future for similar cases.  I would be interested to hear what some of our legal experts that read FJ have to say about this one. –Matt

Edit:  By the way, for all of Scahill’s readers that have come to FJ from his blog, welcome.  If you would like to have a rational discussion about the positives or negatives of this ruling, I am all for that. That even includes Jeremy Scahill, if he is game.

    I thought it was good news,  because it symbolizes that we do fall under the authority of the military.  Since 2007, we have fallen under UCMJ, and this ruling further enforces that concept.

   Oh, and don’t forget to check out my latest post on my thoughts about the ruling.  I am interested in what you guys, or any of my readers have to say about it and here is the link.

——————————————————————

Court dismisses Iraqi contractor torture case

Fri Sep 11, 2009 2:50pm EDT

By James Vicini

WASHINGTON (Reuters) – A federal appeals court on Friday dismissed a lawsuit against two U.S. defense contractors by Iraqi torture victims, saying the companies had immunity as government contractors.

The lawsuit was filed in 2004 on behalf of Iraqi nationals who say they or their relatives had been tortured or mistreated while detained by the U.S. military at the Abu Ghraib prison.

(more…)

Wednesday, August 12, 2009

Industry Talk: Justice in Iraq, Contractors with PTSD and Taking Care of Our People

     Mr Fitzsimons posted details about his military past on a Facebook page set up to honour fallen service personnel. He tells of his time in 2 Para and his 3½ years in private security work. He advises soldiers in Iraq and Afghanistan: “Stay safe and to those who will return to fight a different battle … A war inside your head.” 

   Ever since this story came out in regards to the Armor Group shootings and this Fitzsimons guy, I have been thinking about the FJ point of view on this.  More specifically, the Jundism point of view.  The one thing I keep coming back to as far as the correct point of view, is ‘have the courage to do what is right’ or in the case of this story, have the courage to say what is right.

   Even though this guy killed two of his comrades in cold blood, as well as wounding an Iraqi, I think what is even more important out of all of this, is that Mr. Fitzsimons gets a fair trial in Iraq.  And if he cannot get a fair trial there, then I think it would be better to get him back to the UK to try him.  I want justice, as do most, but I do not want to witness something that is even more ‘ugly’ and vile.  So the question is, would he get a fair trial in Iraq?

   Undoubtedly, contractors are not liked in Iraq, and it would not surprise me that he would be given a death sentence in Iraq.  And you know, the death sentence is a part of the Iraqi justice system (they have hanged quite a few guys, to include Saddam).  It’s just that in this case, Fitzsimons killed an Australian and a Briton, and wounded an Iraqi, while in Iraq.  I guess he would fall under the laws of Iraq, based on the SOFA agreement, but there is an argument that he should fall under British law or even UCMJ, if he was under contract through a DoD gig.  I don’t know, but I do know that the imagery of a contractor hanging from the gallows of Iraq would be quite the message.  Not only to the industry but to the public and especially to Iraqis.  That message is another area we need to go over.

(more…)

Monday, July 20, 2009

Legal News: CTU Update–Americans Held in Iraq: FBI Violated Rights

Filed under: Legal News — Tags: , , , , , — Matt @ 2:55 PM

   Glad to hear that these guys are out finally, and what a crappy deal. –Matt

——————————————————————

Americans held in Iraq: FBI violated rights

July 20, 2009

Bill Gertz

For more than a month, two U.S. citizens who worked for contractors in Iraq were held in prison with no formal charges against them.

They were pressed to sign an Iraqi government statement but refused, their attorneys say, and waited 43 days for their day in court before being released on bond after a hearing in Iraq’s Central Criminal Court over the weekend. Yet their attorneys say they still do not know specifically why they were detained.

The men weren’t being held by Iraqi authorities but rather by the FBI in a U.S. military prison, prompting allegations from their attorneys that American due-process laws weren’t being followed.

“When American citizens are held by American authorities, the Constitution and Bill of Rights all apply regardless of the technical circumstances,” said Tim Haake, a former two-star Army general and lawyer who is helping to represent the two detained men, Micah Milligan and Jason Jones.

Thomas Suddath, a lawyer in Philadelphia also representing the men, said U.S. authorities gave the legal team very little information about what charges were being contemplated against the men.

Stacey Jones, wife of Mr. Jones, said on Saturday afternoon that her husband was released from custody at Camp Cropper, the military prison near Baghdad International Airport.

(more…)

« Newer PostsOlder Posts »

Powered by WordPress