Feral Jundi

Monday, June 27, 2011

Legal News: Justin Cannon Sentenced To 30 Months In Prison

Filed under: Legal News — Tags: , , , — Matt @ 9:57 PM

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.

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Monday, March 14, 2011

Legal News: Paravant Contractors Get An Involuntary Manslaughter Charge For Self-Defense Shooting In Afghanistan

Filed under: Afghanistan,Legal News — Tags: , , , , — Matt @ 1:49 PM

 

This is stupid. Being charged with involuntary manslaughter for killing the passenger in a threat vehicle? In an active war zone as well?  Think of the situation here. These guys were trying to stop a perceived threat, which happens to be a car driving recklessly towards them and their accident site. To me, the ones responsible for the death of the passenger is the guy driving the vehicle. Chris and Justin were simply acting in self-defense–which the jury has agreed was the case. It’s as if the prosecution had to find ‘something’ to get the evil contractors with, and were able to convince the jury that this was a legitimate charge?

With that said, I certainly hope the defense will file a motion and have this charge removed.  All in all though, this is a victory for the defense in the face of such heavy duty political pressure. The prosecution had a retrial and second chance to go after these two men, and all they could eek out of the process was an involuntary manslaughter charge?  The point is, they failed at convincing a jury that this was murder, and the final outcome was that it was a ‘defensive act’. When the charge is removed, I will post an update. –Matt

From the Free Justin H. Cannon Facebook Page

Justin and Chris were found guilty of one count of involuntary manslaughter at about 4:30 p.m. today.

Their attorneys think they have a chance of getting the verdict set aside, or if that fails, getting it overturned on appeal. Involuntary manslaughter was not in the original indictment, but the prosecution convinced the judge to include it and voluntary manslaughter in his instructions to the Jury.

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Sunday, January 10, 2010

Legal News: Paravant Contractors Arrested For Self Defense Shooting In Afghanistan, Legal Fund Established

   Well this sucks. Thanks to Cannoneer No. 4 for bringing this to my attention.  These guys have been through hell, and now they are being charged for murder because they actually defended themselves in a war zone.  What bothers me most, is how the company has treated them.  Paravant, a Xe subsidiary, has pulled some stuff with this case that enters the realm of abuse, and I highly suggest these guys to point their lawyers towards this amendment. If these men say they were given weapons by the company, and they were not drinking at the time, then it is up to the company to back them up unless the company has proof otherwise.

   The civilians that were killed or wounded in this incident, is tragic as well. But in war, there are numerous incidents where civilians are killed, and it is the unfortunate price that is paid by all in war.  No one wakes up one day, and decides they want to kill unarmed civilians.  And because the enemy uses vehicles for suicide bombing attacks, then I do not see how a jury could not find the logic with the defensive response of these men.  Oh, and did I mention that Justin is a former Ranger and not some mall guard who has no clue about threats in war zones?

   This stinks, and reminds me a lot of how the DoJ went after the Blackwater five in their case.  Of course this is all just my personal opinion, and because I wasn’t there, my opinion really doesn’t carry an weight.  All I can do is point any supporters of these contractors in the right direction.  I also want to remind my non-contractor/military readers that Afghanistan is not some city in the U.S., nor should people view it as such.  It is a war zone, and all actions taken by all parties have to be viewed with a war zone lens. There is a reason why security contractors are issued weapons in these areas. The way things have been going, any time a contractor uses that weapon in this war, it will be an automatic arrest and total career destruction. Pffft. –Matt

Edit: July 30, 2010 – Here is an update about these two guys.  It sounds like the judge is allowing them to face the witness in Afghanistan.

Edit: March 03,2011- The retrial for is happening this month.

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CBC

A wrecked contractor vehicle following a May 5 traffic accident in Kabul, Afghanistan. (Daniel J. Callahan/Associated Press)

The Story

Contractors Say Blackwater Armed Workers in Afghanistan

RALEIGH, North Carolina  — The security firm formerly known as Blackwater armed some of its workers in Afghanistan despite U.S. military documents that prohibited them from carrying guns, said two former contractors who were fired after they were involved in a fatal shooting in the country.

Justin Cannon and Steven McClain said Thursday that they frequently asked superiors why the company distributed the AK-47 assault rifles without Department of Defense authorization.

“We were just told, ‘Continue doing your job. Don’t worry about it. That’s above your paygrade,”‘ Cannon, 27, of Texas, said in an interview with The Associated Press. The men were involved in a shooting earlier this month that killed an Afghan and injured two others, and they recently returned to the U.S., saying they were cleared to leave after an interview with military investigators.

Blackwater, now known as Xe, has said the company’s subsidiary, Paravant, fired the men “for failure to comply with the terms of their contract.” McClain showed a letter detailing his termination, and it listed a violation of alcohol policy as the only specific reason for firing.

Both men said they weren’t drinking and hadn’t drank since arriving in Afghanistan in November. Their attorney, Daniel J. Callahan, said he believes the company is making up the alcohol issue so it can avoid scrutiny over contractors being armed.

“Blackwater’s concerned about getting kicked out of Afghanistan as it got kicked out of Iraq,” said Callahan, with Santa Ana, California-based Callahan & Blaine. “They’re trying to use these four men as scapegoats.”

Blackwater spokeswoman Anne Tyrrell declined to immediately comment on the accusations.

McClain and Cannon said the company issued weapons to the contractors even though they were supposed to train the Afghan National Army on other styles of weapons used by NATO forces. And they said the company told them to carry the weapons, even when they weren’t training, and that it was no secret that they had the guns.

“These weapons pretty much went wherever we went,” Cannon said. “If we go to the classroom, we take our weapons. If we go to the range, we take our weapons. If we leave the compound at all, we take our weapons.”

They had the guns with them as usual on the night of May 5. The men said they had dinner with some interpreters and then went to drive them to a taxi stand several miles (kilometers) away. On the way, the men said a speeding vehicle slammed into the first car of their two-vehicle convoy, causing it to roll.

McClain, 25, of California, said he was hurt and that he and his passengers had to climb out of the sport utility vehicle’s back window.

Cannon said the people in his Sport Utility Vehicle got out to help but saw that the car that had caused the accident had turned and sped toward them. Cannon said he and another contractor, Chris Drotleff, fired their weapons. He wasn’t sure how many rounds were fired.

“At that point, the vehicle was the threat,” Cannon said. “I thought I was about to get creamed by a 2,000-pound car.”

The brother of one of the wounded Afghans has said the car was full of shopkeepers heading home from work and that the people in the vehicle misinterpreted one of the Americans hitting the car as an order to move.

A passenger was hit in the stomach and died two days later, said Shah Agha, whose brother Farid was driving the car. Farid was shot in the hand and another person was injured outside the vehicle, Agha said.

McClain said three of the men who were fired in the aftermath of the shooting have left Afghanistan while a fourth, Armando Hamid, is still there. Callahan had accused the company of holding the men against their will. But they said Thursday that Blackwater told them to stay but didn’t physically detain them. They left the compound Saturday night.

Xe, which is based in North Carolina, dumped its brand name Blackwater earlier this year as it tried to distance itself from its operations in Iraq. The State Department is not renewing the company’s lucrative security work in there, which comprises an estimated one-third of Xe’s revenues.

Story here.

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How You Can Help

While your taxpayer dollars are being used to prosecute Justin, we need your support to help FREE Justin Cannon.   His legal expenses are going to be considerable.  Please donate what you can.  He needs all the help he can can get.

If you prefer to mail your donation you can send a check or money order made out to:

Rodney CannonP.O. Box 3609Fort Polk, LA 71459

Also please WRITE and CALL your Congressional Representative and Senators!

Legal Defense Fund website For Justin H. Cannon here.

Facebook page for Justin Cannon here.

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