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

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   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.

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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.

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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.

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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.

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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

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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.

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Wednesday, June 10, 2009

Legal News: Sources–U.S. Contractors Will Not Face Iraq Charges

Filed under: Iraq,Legal News — Tags: , , , , — Matt @ 10:46 AM

     This is the latest, and I hope it turns out to be true.  You never know over there and I will be happy when I see the report where these guys are actually free and telling their side of the story. –Matt

Edit:  The Iraqi police Wednesday released three of the five U.S. contractors who were detained last week in connection with the slaying last month of an American in Baghdad’s Green Zone enclave, an Iraqi Interior Ministry official said.

 The men were freed on bail, but were forbidden to leave Iraq during the investigation of the death of Jim Kitterman, a 60-year-old construction contractor from Texas, said Rafae Munahe, a senior advisor to Interior Minister Jawad Bolani.

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Sources: U.S. contractors will not face Iraq charges

June 10, 2009

BAGHDAD, Iraq (CNN) — A judge in Iraq has decided that charges against five U.S. contractors are not warranted and they will soon be released from custody, according to an Iraqi security source and a source close to the five.

The reason for the contractors’ detention had been unclear.

The five were initially told they were being held in connection with the death last month of another contractor, James Kitterman, said the source close to the five.

But on Monday the men were told they were being held on suspicion of having unregistered weapons, although they were asked about their activities around the time Kitterman was killed.

However, Iraqi government officials told CNN Monday the five were detained as suspects in connection with Kitterman’s slaying.

The Iraqi security source said the five will either be released Wednesday or Thursday. They are waiting to finish the logistical procedures at the police station where they had been held.

None of the five has been charged with a crime.

Kitterman was found bound, blindfolded and fatally stabbed in a car in Baghdad’s Green Zone on May 22. The 60-year-old from Houston, Texas, owned a construction company that operated in Iraq.

The Green Zone, where Kitterman’s body was discovered, is the high-security area in central Baghdad that contains the U.S. Embassy and key Iraqi government buildings.

Access to the area, formally known as the International Zone, is tightly controlled.

Story here.

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 Wednesday, June 10, 2009

EXCLUSIVE: Iraqi judge releasing U.S. contractors

Joseph Weber (Contact)

EXCLUSIVE:

Three Americans arrested in connection with the killing of a contractor in Baghdad’s Green Zone are being released Wednesday, said their attorney Timothy M. Haake.

The men are Donald Feeney Jr., 55; son Donald “Buddy” Feeney III, 31; and Mark Bridges, an employee of the Feeneys’ Corporate Training Unlimited security firm.

The case is the first under a 2008 agreement in which U.S. contractors are subject to criminal law in Iraq.

Two other men are being held but also are expected to be released. They have been identified as Micah Milligan, a Corporate Training Unlimited employee, and Jason Jones, employed by another security firm working in Baghdad.

Mr. Haake said no charges have been or were filed against any of the five.

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