When Murder Is Legal
by Nathan Empsall, Fri Jan 01, 2010 at 07:59:15 PM EST
Horrifying news today: a judge has dismissed all charges related to 2007’s Blackwater (now Xe) murders in Baghdad. From the New York Times:
In a significant blow to the Justice Department, a federal judge on Thursday threw out the indictment of five former Blackwater security guards over a shooting in Baghdad in 2007 that left 17 Iraqis dead and about 20 wounded.
The judge cited misuse of statements made by the guards in his decision, which brought to a sudden halt one of the highest-profile prosecutions to arise from the Iraq war. The shooting at Nisour Square frayed relations between the Iraqi government and the Bush administration and put a spotlight on the United States’ growing reliance on private security contractors in war zones.
Investigators concluded that the guards had indiscriminately fired on unarmed civilians in an unprovoked and unjustified assault near the crowded traffic circle on Sept. 16, 2007.
I think the Times’ lede should have been “In a significant blow to justice,” not “the Justice Department.” Or perhaps “a significant blow to Iraq.” Such headlines would have been more accurate, putting the focus on the facts rather than the process.
I don’t have a whole heck of a lot to say about this, other than to make three quick observations. One, this reminds me of the Justice Department’s case against the corrupt former Sen. Ted Stevens (R-AK) in that it shows the importance of getting an investigation right if serving justice is the goal. Two, this is the face of the United States to the rest of the world: A nation that will beat up on weaker states. A nation that can’t do its own dirty work, pretending instead that the perpetrators are rogue contractors and thus shifting the blame. A nation that refuses to hold itself accountable and puts potential legal loopholes ahead of justice. THIS is the example we set for the fledgling democracies we claim to have created? This is how we teach republican principles?
Most importantly, three, Blackwater is quite literally getting away with murder. Or as the rest of the world will see it, especially in Baghdad, America is letting Blackwater get away with murder. And to the rest of the world, that’s you, and that’s me. I don't know who to be more ticked at - the Justice Dept. lawyers or the judge. No matter who's at fault, however, this is about the worst possible note on which to begin a new year.
Indeed, a second New York Times story documents Iraqi outrage:
Many Iraqis also viewed the prosecution of the guards as a test case of American democratic principles, which have not been wholeheartedly embraced, and in particular of the fairness of the American judicial system…
“What are we — not human?” asked Abdul Wahab Adul Khader, 34, a bank employee who was shot in the hand while driving his car through the traffic circle. “Why do they have the right to kill people? Is our blood so cheap? For America, the land of justice and law, what does it mean to let criminals go? They were chasing me and shooting at me. They were determined to kill me.”
Sami Hawas, 45, a taxi driver, was shot in the back during the episode and is paralyzed. “I can’t even think of words to say,” Mr. Hawas said after being told about the court ruling. “We have been waiting for so long. I still have bullets in my back. I cannot even sit like an ordinary human being.”
Ali Khalaf, a traffic police officer who was on duty in Nisour Square at the time and aided some of the victims, was furious. “There has been a cover-up since the very start,” he said. “What can we say? They killed people. They probably gave a bribe to get released. This is their own American court system.
Hey Iraq – happy New Year.
Tags: Iraq, Xe, Blackwater (all tags)







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