Of course the family is still in the process of appeals. If you would like to show your disgust with this ruling, by all means contact Senator Carl Levin. That is what the family is recommending.
As to my thoughts on the matter? I think DOJ wants a win with this one, just because they are getting beaten up in other areas where they have stumbled. These guys have also been on a Xe witch hunt for quite some time, even though the US government has been rewarding Xe with contracts. (an odd way to show your appreciation?) They want MEJA to have some precedent as well so they can say ‘look, contractors can be held accountable’.
I agree that this industry needs accountability, but on the other hand, I hate seeing contractors becoming scapegoats to create that precedent.
These men were in a war zone, they acted out of self preservation, and they ‘interpreted’ the oncoming vehicle as a threat. That should have ended the case right there, because these men did not act maliciously. They were also firearms instructors and trained military veterans, and yet here we are, punishing these men for their decision in a war zone.
The fear I have here is that cases like this will actually reduce the security posture of security contractors. Because if you ‘fire’ your weapon out of self defense, or defense of your client, that you will be punished or worse, go to jail. Do we want to instill this kind of mindset into the minds of armed security contractors working in highly complex and extremely dangerous war zones? Worse yet, are we setting ourselves up to where even an enemy combatant, or the family of an enemy combatant, could file charges against a security contractor?
These are the things that must be considered as we go down this path of contractor accountability. It applies to military accountability as well, and some have even coined this as ‘lawfare’.
To me, all laws that a nation creates must be geared towards giving it advantage during times of war, and at the same time giving disadvantage to the enemy. Because what sense is it if you lose your country to a stronger enemy, all because of your self-imposed and highly restrictive laws? If MEJA, or whatever laws we create are the path we follow, they must be viewed in this type of legal filter, or we will have lost a strategic and tactical advantage. (and yes, contractors are a strategic asset of a nation, despite what some might say…) –Matt
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Monday, June 27, 2011
Contractor Sentenced to 30 Months in Prison for Death of Afghan National in Kabul, Afghanistan
Justin Cannon, 29, of Corpus Christi, Texas, was sentenced today to 30 months in prison for his role in shooting and killing an Afghan national while on an unauthorized convoy in Kabul, Afghanistan, on May 5, 2009, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H. MacBride of the Eastern District of Virginia and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office. U.S. District Judge Robert G. Doumar also ordered Cannon to serve two years of supervised release following his prison term.
(more…)