Feral Jundi

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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Monday, January 4, 2010

Legal News: The Real Blackwater Scandal–Prosecutorial Abuse

Filed under: Iraq,Legal News — Tags: , , , , , , , — Matt @ 8:48 AM

The judge calls it “the government’s reckless violation of the defendants’ constitutional rights.” 

*****

   Finally, some push back.  This thing was highly politicized from the beginning, and the DoJ was right in there, thinking of anything they could possible do to get these guys.

   So we take a giant crap on the Marines at Haditha, or the Navy SEALs who gave a terrorist a fat lip, or the Blackwater guards who were fighting for their lives in a firefight in Iraq that resulted in civilian casualties, and yet we release hundreds of detainees from Gitmo because of a lack of evidence during their capture on the battlefield? Pfffft. The enemy is laughing at us. –Matt

Edit: 01/07/2010 – And the Washington Post weighs in with a similar theme. Judge Made The Right Call In Blackwater Case 

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The Real Blackwater Scandal

JANUARY 3, 2010

Another example of prosecutorial abuse in a political case.

No, not as the left would have it, that Blackwater still exists. The scandal is that the Justice Department’s case against five former security guards for the military contractor unraveled late last week in what appears to be another instance of gross prosecutorial misconduct, as abusive Justice lawyers went after an unsympathetic political target.

The indictments—which were thrown out by D.C. District Judge Ricardo Urbina in a derisive and detailed 90-page opinion—stemmed from a 2007 firefight in Baghdad’s Nisour Square that left 14 Iraqis dead and others wounded. The government contends that five Blackwater guards, who were providing tactical support for the State Department after an IED exploded in the vicinity of a meeting with Iraqi officials, went on an unprovoked killing spree against unarmed civilians. The guards maintain that they came under attack by insurgents and were responding in self-defense to a mortal threat.

Judge Urbina dismissed the charges because prosecutors misused sworn statements the guards were compelled to make to investigators after the shooting, under the threat of job loss. This was routine practice under military contracting rules, though the statements could not be used in criminal prosecutions. Promptly after the Nisour incident these statements were also leaked to the media, which ran with the narrative of modern-day Hessians gone berserk.

“In their zeal to bring charges against the defendants in this case,” Judge Urbina ruled, prosecutors had violated Fifth Amendment protections against self-incrimination by using these compelled statements to formulate their case and ultimately obtain indictments against the guards. The judge calls it “the government’s reckless violation of the defendants’ constitutional rights.”

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Thursday, December 31, 2009

Legal News: Judge Dismisses All Charges Against Blackwater Guards In Baghdad Shooting

Filed under: Industry Talk,Iraq,Legal News — Tags: , , , , , , — Matt @ 2:14 PM

   Bravo to the judge for an excellent decision.  In my opinion, the case the prosecution had against these guys sucked from day one and they overstepped their bounds totally.  This is a war and these guys did the best they could in a bad situation.  No one in this industry wakes up one day, and decides they want to purposely kill civilians while in the middle of being ambushed. –Matt

Edit: 01/01/2010 – Blackfive had a great post about this whole deal, and has been covering it pretty close over the years. There is also a pretty happy response on the forums, here, here, and here.

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Judge Dismisses All Charges Against Blackwater Guards in Baghdad Shooting

December 31, 2009

A U.S. judge has dismissed all charges against five Blackwater Worldwide security guards charged in a deadly Baghdad shooting.

WASHINGTON — A U.S. judge has dismissed all charges against five Blackwater Worldwide security guards charged in a deadly Baghdad shooting.

U.S. District Judge Ricardo Urbina said Thursday the Justice Department overstepped its bounds and wrongly used evidence it was not allowed to see. He said the government’s explanations have been contradictory and unbelievable.

Blackwater contractors were hired to guard State Department diplomats in Iraq. Prosecutors say the guards fired on unarmed civilians in a busy intersection in 2007, killing innocent people.

After the shooting, the guards gave statements to State Department investigators. Prosecutors were not allowed to use those statements in the case.

Story here.

 

Legal News: The Amendment Of Executive Order 12425 And Giving INTERPOL Immunity?

   This speaks for itself, and it is a shocker to say the least.  This is also causing quite a stir in law enforcement circles and constitutional law circles, as to what this new order actually means. Good or bad, I do not think there was enough debate or discussion about if we should have done this or not. Interesting, and let me know what you guys think. –Matt

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The White House

Office of the Press Secretary

For Immediate Release

December 17, 2009

Executive Order — Amending Executive Order 12425

EXECUTIVE ORDER- – – – – – –

AMENDING EXECUTIVE ORDER 12425 DESIGNATING INTERPOL AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of the International Organizations Immunities Act (22 U.S.C. 288), and in order to extend the appropriate privileges, exemptions, and immunities to the International Criminal Police Organization (INTERPOL), it is hereby ordered that Executive Order 12425 of June 16, 1983, as amended, is further amended by deleting from the first sentence the words “except those provided by Section 2(c), Section 3, Section 4, Section 5, and Section 6 of that Act” and the semicolon that immediately precedes them.

BARACK OBAMA

THE WHITE HOUSE,December 16, 2009.

Link here.

 

Tuesday, December 22, 2009

Legal News: Amendment in Defense Bill Ensures Contractors Have Legal Rights

Filed under: Industry Talk,Iraq,Legal News — Tags: , , , , — Matt @ 8:34 AM

Under the congressionally approved provision, the federal government would not be able to do business with companies with $1 million or more in contracts that deny court hearings for victims of assault, false imprisonment or emotional distress. Victims of assault would be able to sue the employers of the alleged attacker, as well as the attacker. The Defense Department can apply a waiver for national security reasons. 

*****

   Interesting news, and I am not too sure how this ‘really’ applies to contractors, both male and female, who are ‘victims of assault, false imprisonment or emotional distress’. I assume this only applies to U.S. citizens, and this law only works if they are seeking legal action against others who U.S. citizens and working as contractors? But yeah, I think it is great that individual contractors have a little more teeth to deal with companies who mistreat us.

   The problem here though, is that I am not a legal expert about this stuff, and I do not know how this new legal mechanism will fair in court. Boy, where is the Feral Jundi legal team when you need them? Guns, money, and lawyers is all you need for a party. lol

     I think the most important part to look at in this amendment in the defense bill, is that the DoD reserves the right to apply a waiver for national security reasons.  That is smart, because I could easily see this law being abused.  I want those that have truly been wronged, to get justice.  But I also want to emphasize how much more important it is to maintain national security and to not hinder the war effort in any way. We will see how it goes, and hopefully commonsense dictates on how this is used.

     Oh, and for the guys that did those things to Jamie Leigh Jones, and to those leaders that allowed it to happen or did nothing about it, may you all rot in hell for your crimes. –Matt

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Amendment ensures contractors have legal rights

Dec. 20, 2009

By MARIA RECIO

McClatchy Newspapers

Four years ago, Jamie Leigh Jones, a 20-year old Texas contract employee working in Iraq, was drugged, stripped, beaten and gang-raped by her co-workers on her fourth day in country. She finally managed to get a phone call out from the shipping container where she was being detained – by her employer, KBR, then a Halliburton company.

That call to her father led to a call to her congressman, Rep. Ted Poe, R-Texas, and her rescue after Poe had the State Department locate her. But Jones’ attempts at justice – and restitution – were blocked by a little-noticed compulsory arbitration clause in the contracts of private employees working for federal government contractors.

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