Feral Jundi

Thursday, March 25, 2010

Legal News: The Feds Continue Their Xe Witch Hunt With A ‘Raid’, And Possible Weapons Charges

     Company officials, including both Jackson and Howell, downplayed the raid during the interview. Jackson said some of the 16 uniformed officers who came to serve the warrant were embarrassed by the event and said agents had to stop at Blackwater’s front gate to get passes to come onto the company’s sprawling campus in northeastern North Carolina.

“As a hypothetical, one would think that, if you were going on a raid, you’d take your Kevlar and your weapon,” Howell said to laughter from other executives. 

*****

     Just stop already.  I am actually kind of embarrassed for these federal prosecutors, because this witch hunt is so politically obvious, it’s not even funny. I really feel bad for the officers that had to serve the warrant.

     Look, Xe’s training facilities have cycled thousands of police officers through their program.  What possible motivation would the have, to even attempt to break the law or try to screw over the local Camden County Sheriff Department?  If they did, their cash cow called ‘training’ would effectively be destroyed because what cop would want to do business with them? Common sense should dictate. And hey, what do you know, cops have been storing weapons on a fire arms training facility–the shock of it all!! –Matt

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AP Exclusive: Charges eyed for ex-Blackwater boss

By DEVLIN BARRETT and MIKE BAKER (AP)

March 25, 2010

WASHINGTON — Federal prosecutors are considering weapons charges against former executives at Blackwater Worldwide over allegations the private security company illegally stockpiled automatic rifles at its North Carolina headquarters, The Associated Press has learned.

Senior Justice Department officials are reviewing a draft indictment against former president Gary Jackson, former Blackwater general counsel Andrew Howell, and a third man who used to work at the firm’s armory, people close to the case told the AP. A decision is not expected until at least next month.

Blackwater has repeatedly been under federal scrutiny — from the FBI to Congress to agencies that have hired the firm. While some of the company’s guards have faced charges for their actions overseas, Blackwater’s executives have managed to weather a range of investigations.

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Wednesday, March 10, 2010

Letter Of Marque: The Constitutional Law And Practice Of Privateering, By Assistant U.S. Attorney Theodore Cooperstein

  So this is interesting.  Here is a guy that works for the US Attorneys Office, who is former special forces and a reserve Army Intel guy, that writes this fantastic paper on the subject of Letters of Marque and Reprisal.  Does anyone else find that to be cool, or am I the only constitutional law geek that likes this stuff? lol

   The thing about it folks, is that I like the LoM, and I think it is just one more tool that can be used in this long and costly war.  It gives congress a means to connect with private industry in a way that will be cost effective, and certainly effective if done properly.  The one caveat though, is that congress needs to understand the mechanisms at play with this concept, and they must have the tools on how to properly construct a LoM. It would take some modern day modifications to get it just right, but it is certainly not impossible, and all the pieces are there to put it together.

   Which leads me to my next point.  By far, Feral Jundi is the place with the most comprehensive collection and commentary about the subject of the Letter of Marque and Reprisal. I know, I search this stuff relentlessly, and have collected it all.  I invite the readership to explore all of this good stuff, and ‘build a snowmobile’ out of it. Hell, write congress and let them know about the LoM and your thoughts about it. Remind them about Article 1, Section 8 of the Constitution and let’s get the word out. –Matt

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Letters of Marque and Reprisal: The Constitutional Law and Practice of Privateering

Theodore M. Cooperstein, U.S. Attorneys Office (SDFL)

Abstract

The United States Constitution grants to the Congress the power, among others, to issue “Letters of Marque and Reprisal.” Although the practice seems to have fallen into disuse in this century, it was an important tool of national power for the federal government created by the Framers, who placed great import on the federal government’s role in protecting international commerce and in enforcing international law.

Privateering played a significant role before and during the Revolutionary War, and it persisted in American history as an economical way to augment naval forces against an enemy in wartime. A significant outgrowth of the practice of privateering was the body of law resulting from prize court adjudications. United States courts, in deciding title to ships and goods taken prize, determined issues both of domestic and customary international law. In this manner the federal courts significantly shaped the role of international law in the United States jurisprudence as well as assured the role of the United States in the ongoing development of customary international law. Case law concerning prizes and privateering is accordingly a useful vehicle to examine the interplay of U.S. constitutional law and customary international law as they both developed through the Nineteenth Century.

Changes in the methods of warfare during the Twentieth Century diminished the role of privateering. But the Congressional authority to issue Letters of Marque and Reprisal remains. As a means to commission private actors to augment national forces in international crises, the Letter of Marque and Reprisal could yet have modern applications. It remains for innovative executive and legislative experiment to revive the ancient practice in a form befitting modern international problems.

Suggested Citation

Theodore M. Cooperstein, “Letters of Marque and Reprisal: The Constitutional Law and Practice of Privateering,” 40 J. Maritime L. & Comm. 221 (Apr. 2009)

Link to publication website here.

LinkedIn Page for Theodore M. Cooperstein here.

Download Pdf here.

Monday, February 22, 2010

Legal News: U.S. Lawmakers Push To Phase Out Wartime Contractors–In The Middle Of A War?

   Yikes. If these lawmakers were to observe the history of wars in America, they will find that when the war is over, that is when the demand for contractors diminishes and they are naturally phased out.  Until then, this idea of ‘phasing’ out wartime contractors in the middle of a war is just stupid thinking, and dangerous. There is absolutely no way in hell that today’s strategists and war planners will say that ‘removing all wartime contractors in the middle of a war’ is a good idea.  It would severely and negatively impact the war effort, and I want to know what these lawmakers are smoking?

   Another point I want to make is this. Will lawmakers implement a draft in order to increase the numbers of the government or military in order to fill in this gapping hole of manpower they will create?  Or when the war is over, do you guys plan on firing all of these military and federal employees?  Because you are certainly going to have a surplus of government workers and military veterans, all sucking on to the hind tit of the US government, for a long….long….time. Thats unless we plan on fighting a forever war. Remember, contractors were brought in because congress ‘did not’ want to fund a bigger government or bigger standing army during times of peace.   No one could have predicted 9/11 or the global war that came afterwards, and this war is a prime example of what could happen.

   After the first Gulf War, we had thousands of troops, and we performed many of these jobs on the battlefield, which was great.  I should know, I was a veteran of that war.  But guess what?  After that war, and after the end of the Cold War, we as a nation decided to make some cutbacks. Something about how taxpayers don’t like paying for massive standing armies or government institutions that support those standing armies during times of peace. I remember being in the military, and seeing all of these early outs and base closures during the nineties, and it sucked to see.  The message was clear, and that the American people did not want a standing army as large and as expensive as we had during the first Gulf War or during the Cold War, and they were cool with reducing it’s size and cost.

    And thanks to our experience in Vietnam, the draft has become political suicide for whatever President, or party that happens to own congress. No one wants to be the guy that voted for a draft, that forced people to go to war. So what does that leave us?  A smaller army, and smaller apparatus to support it, and a congress and President that does not have the political will to implement conscription for wars. If you want to know how contractors came on to the scene, that is exactly the reason. We are simply filling a demand, in which this nation was not prepared for, or even willing to pay for during times of peace.

   So my message to congress is to get off your ass, and focus on monitoring and managing these contracts.  I don’t know why this is so hard for them–you guys are the paying customer (with tax payer money)–act like it. Legislation like this highlights how absolutely worthless or lazy congress can be sometimes.  Instead of fixing obvious problems with sound legislation or the implementation of current laws, they default to ‘burning down the fort in the middle of the battle’.

    If I were to guess, our enemies are having a pretty good chuckle over this one, and it is embarrassing. We are in the middle of a war for Pete’s sake. –Matt

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US lawmakers push to phase out wartime contractors

February 22, 2010

WASHINGTON — Two lawmakers announced legislation Monday that would force the United States to phase out its controversial use of private security contractors in war zones like Iraq and Afghanistan.

Democratic Representative Jan Schakowsky and Independent Senator Bernie Sanders said they planned to introduce the “Stop Outsourcing Security Act” on Tuesday.

“The legislation would restore the responsibility of the American military to train troops and police, guard convoys, repair weapons, administer military prisons, and perform military intelligence,” their offices said.

“The bill also would require that all diplomatic security be undertaken by US government personnel,” they said…

Story here.

 

Tuesday, February 16, 2010

Legal News: The ‘Bait And Switch Game’ Companies Play With Independent Contractors

     Ok, for those that know me, you will understand that I absolutely despise companies that screw over their contractors.  Partly because I have been the victim of unscrupulous companies, and the other reason is that I get oodles of emails from guys who are getting screwed over by companies.  I shake my head and wonder why is it so tough for these companies to do the right thing? Where is the courage to do good or what happened to taking care of your people?  The funny part, is that the companies that actually do take care of their people, are the ones that usually attract the best of the best, and have more contract stability.  I am a firm believer in this, and I also think that in the long run, companies will make more money if they focus on taking care of their people, because it will minimize turnover and keep contracts stable. 

     I also think that the companies are staffed with guys who apply too much of their war fighting ‘cheat at all costs’ and ‘ big boy rules’ concepts to managing the contractors and contracts.  Which is fine, if you guys want to keep getting contracts and out compete the other guy.  But if you are screwing over your people in your vain attempt to obtain these contracts, then what price glory?  Or if you implement the ‘rob Peter, to pay Paul’ business practice, then what sense does that make?  Focus on being straight with your contractors and stop playing these unethical stupid games with their pay.  Contractors don’t like it, and we will just leave your company hanging when you treat us like that. Worse yet, we won’t care about doing a good job for you, because you don’t care about us. 

     So with that said, lets discuss some of the latest scummy tactics that I am hearing about out there, when it comes to unethical company practices.  Let’s call this one, the ‘bait and switch’ game.  I have heard of this happening with several companies, and it pisses me off to no end. 

    The way it works is that a company signs a contract with a independent contractor for a specific salary. They fly that contractor to the war zone, and then once they are on the ground, the company then creates some excuse to lower the contractor’s salary.  Companies like to say things like ‘things have changed, and the position we hired you for no longer exists…..but if you would like to stay in Iraq and keep working, we will pay you this lower salary with this new position’? I will argue that this was the tactic all along, to bait a contractor with one salary, get them in country, and then switch their salary to a lower one. When a contractor has made it all the way over to that war zone, and they are finally settled in, and then this is thrown at them, it psychologically makes it very hard for a guy to say no. Lesser salary, versus no money and a trip home, is usually what comes to mind.  

     And because of the practice of implementing ‘at will’ contracts with ‘non-disclosure agreements’ attached, companies really don’t care if the contractor is pissed off by the practice.  The contractor also has little hope of forcing the company to abide by any labor laws, perceived or real.  There is also no labor unions to protect contractors and force companies to do the right thing.  The whistleblower stuff is a joke, because the actual success rate and pay off for being a whistleblower on anything to do with these companies, is dismal. Or if you do succeed in getting attention for your case, it still won’t equate to you getting more money or being treated better at your job site.  If anything, reprisal will happen, and your reputation will be torn apart by the company and those that you turned in.  

     Besides, your one of those despicable civilian contractors that the media loves to crap on, so who is going to stand up for you? POGO doesn’t care about contract disputes between contractors and their companies. So what can you do, if you are the victim of a ‘bait and switch’ game?

   For one, I say stay on the contract as long as possible, and look for another gig. That is the financially sound way to play it.  As soon as another contract comes up, leave your current contract pronto. While you are on that current contract, I would also suggest submitting as many anonymous tips to as many hotlines as you can, in order to force the company to get ethical and treat their people correctly. Remember, if you are reporting fraud, waste and abuse, it is not a violation of the non-disclosure agreement.  The law trumps this little agreement we all sign, but the law won’t protect your reputation or your career–reprisal sucks and it will find you.  So anonymously is the best way to go in my book.  It protects you, and the acts of bad companies makes it to those that  need to know that stuff.

   The companies will also get screwed by mass exoduses from contracts.  The more folks just leave, the better, and companies will get a default on contract because they do not have the required individuals for that contract.  I know of several companies that just use ‘floaters’ to cover for these kinds of situations.  But turnover is certainly expensive, and certainly brings negative attention to the company. Defaults on contract have really screwed over companies in the past. So if you and your crew that are displeased with the company your in, all put in a two week or whatever notice, all on the same day, then that would be an expensive shock to the company system.  Just leaving without notice, is an even bigger shock to the company, but it also puts your reputation as a contractor at risk. I recommend just putting in a notice, unless things are so bad that your life is in danger, family problems, or something like that.  

    If you are the victim of the bait and switch game, deal with it smartly and really think out your options.  Do not act out of emotion, act out of practicality. This is a business, so act like a shrewd businessman.  Some guys are willing to deal with the bait and switch, and just chalk it up as ‘getting screwed over by the company’. Money might be a big factor for these folks, and they did not have the luxury of having ‘saved their pennies’ so they could leave.  

     For most though, when a company plays this game with them, they will instantly switch into ‘jaded contractor’ mode, and do all they can to get the hell off of there. I see this over and over again, and jaded contractors are not good for a company.  They provide poor customer service, and really don’t care about the company’s reputation at that point.  Why should they?  

    When you are in this mode, I sympathize and empathize with you, and I am here to say that there is a right way to leave and a wrong way to leave. But leave none the less if you can swing it, because turnover and defaulting on contracts is not good for companies, and that is how you really hurt their bottom line. You could also bring in a lawyer, if you have the time and money.  Be forewarned though.  If you go the legal way, companies have lawyers too, and they are very schooled at dealing with this stuff. Legal action is a tough game to play, and you better be mentally prepared for that, because it can be very taxing. You sometimes end up with little to show for all that time and money expenditure, and legal action is a difficult road to go down.   

     The other way, is to submit all the bad practices that you can to all the groups I have listed below. Start with the IPOA, because if the company you are working for is on their list, then they need to pay the price for what they did to you.  Hopefully the IPOA will actually do something about it, but most importantly, it is a symbolic act, and it puts you in the right frame of mind for dealing with a company.  After all, the company signed on to that code of conduct, and if they don’t want to abide by that code of conduct, then I say do all you can to right the wrongs. You should also try to use the chain of command with a company, but if that has fallen short, and you are getting nowhere with that, then you need to take matters into your own hands. Be smart with your actions and good luck. –Matt

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From the IPOA Code of Conduct 12

6.6. Signatories shall act responsibly and ethically toward their personnel, including ensuring personnel are treated with respect and dignity, and responding appropriately if allegations of personnel misconduct arise.

Submit a complaint to IPOA here.

Check list of IPOA member companies here.

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Submit a tip to the DoD hotline.

Mr. Leonard Trahan, Jr., Director,Defense Hotline

Anyone, whether a service member, civilian employee, defense contractor, or private citizen, who witnesses what he or she believes to be a violation of ethical standards and/or the law, including but not limited to fraud, waste, or abuse of authority, potential leaks of classified information, or potential acts of terrorism, should report such conduct through his or her chain of command, respective service Inspector General, or directly to his or her respective service Inspector General or directly to the Inspector General of the Department of Defense Hotline at 800-424-9098 (e-mail: hotline@dodig.mil)

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Special Inspector General For Iraq Reconstruction

Report fraud, waste and abuse

The mission of the Hotline for the Special Inspector General for Iraq Reconstruction (SIGIR) is to facilitate the reporting of fraud, waste, abuse, mismanagement, and reprisal in all programs associated with Iraq reconstruction efforts funded by the U.S. taxpayer. Cases received by the SIGIR Hotline that are not related to programs and operations funded with amounts appropriated or otherwise made available for the reconstruction of Iraq are transferred to the appropriate entity. The SIGIR Hotline receives walk-in, telephone, mail, fax, and online complaints from people in Iraq, the United States, and throughout the world.

Click here to submit a complaint.

The SIGIR Hotline office serves as a clearing house for complaints by maintaining an audit trail of all complaints received and the complaint file records until they are sent to the SIGIR Records Management Office. When a Hotline complaint is received, the Hotline Analyst will evaluate the complaint to determine if the complaint is within SIGIR’s purview to investigate. This evaluation includes a screening to eliminate unacceptable complaints and to determine if the complaint involves funds appropriated or otherwise made available for the reconstruction of Iraq. If the source of funding identified in the complaint is not apparent or identified, a check of the SIRIS database will be conducted. If this check meets with negative results, the SIGIR Hotline Analyst will complete a thorough inquiry with contracting points of contact in Iraq provided to our office by the Investigations, Audits, and Administrative offices in Baghdad.

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Wednesday, February 10, 2010

Iraq: Iraq Orders Former Blackwater Security Guards Out

     It applies to about 250 security contractors who worked for Blackwater in Iraq at the time of the incident, Interior Minister Jawad al-Bolani told The Associated Press.

     Some of the guards now work for other security firms in Iraq, while others work for a Blackwater subsidiary, al-Bolani said. He said all “concerned parties” were notified of the order three days ago and now have four days left before they must leave. He did not name the companies.  

*****

   Interesting development, and I am not too sure how they plan on finding these ‘250’ folks from that time period.  It would take some highly unethical methods, and if you are a former BW guy over there, definitely watch yourself. On the up side, Iraq is winding down, and Afghanistan is the place to be these days.

   What is most concerning with this, is where is the US government on this? It seems to me that the highly political persecution of the Blackwater Five, has increased now to the Blackwater 250. This list of 250 men served the US Government and put their lives on the line in the process.  Some did not make it back alive, and others came back with missing limbs and other wounds.  Where is the gratitude, thanks or support for what these men did during such a dangerous time in Iraq?  Because to me, it is a crying shame that the government does not have the courage to stand up for those who definitely put it all on the line for them. Especially when most of these Blackwater 250 were US citizens and veterans of the war when they were in the military, or officers in law enforcement agencies.

   As for legal action, I am just not sure how you could approach it.  I don’t know if the non-disclosure agreements are a two way, and I wonder if any of the legal eagles out there have anything to say about this.  I would like to think that companies would not succumb to this kind of deal, but if they did, is there any legal recourse? I am just thinking out loud and throwing some hypotheticals with this.  Or maybe it isn’t worth the effort, and just move on. Stuff to think about and we will see how this goes. –Matt

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Iraq orders former Blackwater security guards out

By QASSIM ABDUL-ZAHRAWednesday, February 10, 2010

BAGHDAD — Iraq has ordered hundreds of private security guards linked to Blackwater Worldwide to leave the country within seven days or face possible arrest on visa violations, the interior minister said Wednesday.

The order comes in the wake of a U.S. judge’s dismissal of criminal charges against five Blackwater guards who were accused in the September 2007 shooting deaths of 17 Iraqis in Baghdad.

It applies to about 250 security contractors who worked for Blackwater in Iraq at the time of the incident, Interior Minister Jawad al-Bolani told The Associated Press.

Some of the guards now work for other security firms in Iraq, while others work for a Blackwater subsidiary, al-Bolani said. He said all “concerned parties” were notified of the order three days ago and now have four days left before they must leave. He did not name the companies.

Blackwater security contractors were protecting U.S. diplomats when the guards opened fire in Nisoor Square, a busy Baghdad intersection, on Sept. 16, 2007. Seventeen people were killed, including women and children, in a shooting that inflamed anti-American sentiment in Iraq.

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