State Department follies in Iraq

First, it says the Baghdad Motel 6, otherwise known as the still needs work, but not to worry too much.

Rep. Henry Waxman isn’t buying it, though:

Waxman, who heads the House Oversight and Government Reform Committee, called on the State Department to respond in a March 12 hearing and demanded they release internal documents related to the project.

Waxman cites a Feb. 13 independent assessment of the embassy that found “major” infrastructure problems and “critical and non-critical” deficiencies in most buildings, despite a December 2007 certification by a senior project official that the embassy was complete.

“These inspection reports raise many questions about whether the embassy is safe for occupation and why the State Department certified the project as substantially complete in December,” Waxman wrote in a letter to Secretary of State Condoleezza Rice.

State makes it sound like this is just an office building with a few glitches, in which it’s not ready to take occupancy.

Meanwhile, State apparently is either gullible, naïve, or some staffers have got “connections.”

Nine Iraq investigators for the U.S. Agency for International Development’s inspector general’s office will not be replaced when their tours of duty are done:

Dona Dinkler, chief of staff to the USAID inspector general in Washington, confirmed the reductions. She said the State Department told the inspector general’s office it would have just two temporary duty officers on a rotating basis in Iraq.

Down from 11, counting these two, to just these two? Sounds like the cats will be gone, inviting the mice to play.

Any neocons in the Office of Special Plans giving Ahmed Chalabi a phone call right about now?

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Incompetence? Or Obstruction?

Justice Department officials grappling with bringing to account the Blackwater mercenaries involved in the murderous rampage in Nissour Square on September 16 got a nasty surprise. Investigators from the State Department - who lacked the authority to do so - offered Blackwater USA security guards immunity in exchange for their statements. State Department protocols require that Diplomatic Security agents investigate and report all incidents in which force is used. Last week, the chief of the Diplomatic Security Bureau, Richard J. Griffin, resigned abruptly. Presumably, his inability to control Blackwater was at the root of his sudden departure, but now it looks like he may have left in advance of this information becoming public.

FBI agents took over the State Department's investigation two weeks after the Sept. 16 killing spree, but the damage was already done. None of the information obtained during questioning of the guards by the department's Bureau of Diplomatic Security, the division of the State Department that oversees security contractors, will be admissible. (I believe that defense attorneys call this "fruit of the poisoned tree.")

Subsequently, some Blackwater guards have cited promises of immunity from State, and refused to even be interviewed by the FBI. The Justice Department is not precluded from bringing charges using other evidence, but the inadmissibility of their initial statements complicates matters significantly.

[keep reading]

From the New York Times:

Most of the guards who took part in the Sept. 16 shooting were offered what officials described as limited-use immunity, which means that they were promised that they would not be prosecuted for anything they said in their interviews with the authorities as long as their statements were true. The immunity offers were first reported Monday by The Associated Press.

The officials who spoke of the immunity deals have been briefed on the matter, but agreed to talk about the arrangement only on the condition of anonymity because they had not been authorized to discuss a continuing criminal investigation.

The precise legal status of the immunity offer is unclear. Those who have been offered immunity would seem likely to assert that their statements are legally protected, even as some government officials say that immunity was never officially sanctioned by the Justice Department.

Spokesmen for the State and Justice Departments would not comment on the matter. A State Department official said, “If there’s any truth to this story, then the decision was made without consultation with senior officials in Washington.”

This complicates an already-dicey legal situation. Blackwater and other mercenary outfits are immune from prosecution under Iraqi law under Order 17, signed by Paul Bremmer on his way out of town. The order still stands, the Iraqi parliament has not repealed it. They can't be tried in military courts (at least not yet.) And it is unclear what American criminal statutes apply to armed Americans operating in a war zone.

A review panel sent by State to investigate the incident determined that the legal standing to hold the Blackwater mercenaries to account under U.S. federal statute was lacking, and urged Congress to address this gaping loophole in accountability and oversight authority. To date, the House has passed a bill with an overwhelming majority that would hold all security contractors* liable under the Military Extraterritorial Jurisdiction Act; the Senate is considering similar legislation. Some legal experts have suggested that the Nissour Square killings be the first cases prosecuted through the act once it is extended.

But...(Isn't there always a great big But...?)

For a case to be tried in federal court, evidence is only admissible when it meets a very high chain-of-custody bar, designed to put in place guarantees that evidence has not been tampered with. Evidence gathered by foreign investigators and turned over to U.S. investigators is reflexively seen as suspect on it's face, and the admissibility of the evidence would be contested by any first year law student. Additionally, the Constitutional guarantee of the accused to cross-examine witnesses is problematic in these instances, requiring foreign witnesses be transported to the United States to appear in court.

What was from the outset a brutally difficult case to bring was complicated further by the actions of the State Department investigators.

So was it incompetence? Could the Keystone Kops run a better State Department?

Or was it obstruction? Yet another instance of sand in the umpires eyes?


*security contractors = mercenaries

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Lots of stuff you wanted to know about Blackwater, but couldn't bring yourself to ask...

The fallout continues from the deadly rampage by Blackwater mercenaries against Iraqi civilians on September 16 that left at least 11 Iraqis dead. Blackwater insists that their employees fired in response to coming under attack. The Iraqis claim the Blackwater personnel were unprovoked when they opened fire on civilians at a busy traffic circle while escorting a State Department convoy through Baghdad.

The September 16 incident set off a firestorm and at one point the government of Iraq said all Blackwater personnel had to leave the country and the company had to cease operating inside Iraq. This edict did not stand and Blackwater is once again roaming the streets, terrifying the populace with their mere presence and undermining whatever the hell it is the mission is supposed to be, and sowing seeds of hostility with the populace that prompt attacks against all Americans, thereby putting American G.I.’s at heightened risk.

The DoD on Wednesday announced that the Pentagon has sent a team of investigators to Iraq to probe security contractors and their operations in Iraq. In addition, a memo was sent to the commanders in Iraq and Afghanistan reminding them that they have the prerogative to court martial mercenaries working under contract with the U.S. military if/when those mercenaries violate the Rules of Engagement that govern the U.S. military. Gates wanted to make sure that the mercenaries and commanders all understood that the military can prosecute their contractors. Gates, testifying before the Senate Appropriations Committee, on Wednesday said he also wanted to know whether the military has the resources to investigate private security personnel under contract with the DoD for alleged crimes. "My concern is whether there has been sufficient accountability and oversight," Gates said.

In the memo, Deputy Defense Secretary Gordon England told military commanders that they're responsible for monitoring contractors under their control and charging those who violate rules of engagement.

"Commanders have UCMJ (Uniformed Code of Military Justice) authority to disarm, apprehend, and detain DoD contractors suspected of having committed a felony offense in violation of the RUF (Rules on the Use of Force)," Gordon wrote. The memo was dated Tuesday.

England said commanders should review contractors' standard operating procedures and make any necessary changes to the way they authorize force to "minimize the risk of innocent civilian causalities or unnecessary destruction of civilian property."

The State Department hasn't distributed a similar memo, and it is unclear what, if any, U.S. law applies to the actions of its contractors.

So far, no Defense Department contractor has been charged under U.S. law, and no security contracts have been suspended for violations, Morrell said.

Yeah. It really is as thoroughly and completely fucked up as it sounds.

Four and a half years into Iraq, and six years into Afghanistan, they have decided it’s time to determine what, exactly, to do with mercenaries who attack and murder civilians without provocation, or otherwise commit actions that undermine the efforts of the United States to salvage something – anything – from this clusterfuck so we can claim some sort of semblance of a shadow of a specter of a pale imitation of victory™ and get the hell out of there.

(Keep Reading)

The Iraqi Interior Ministry has sent the investigation of the incident to a magistrate and is looking at possible criminal charges, although they may be hamstrung by the ghost of Paul Bremer and the CPA, in the form of Order 17, which essentially gave mercenaries immunity to run amok, unencumbered by the rule of law. Under Order 17, mercenaries can kill at will, with little or no fear of legal, or even civil, repercussions.

This week, Iraqi lawmakers began considering a proposal that would withdraw the provisions of Order 17 from Iraqi law and make security contractors/mercenaries accountable under the Iraqi system of justice. Iraqis have complained bitterly for years that the mercenary army is unnecessarily aggressive and damages property with impunity and mistreats and kills Iraqis with reckless abandon.

Point of Clarification: The mercenaries involved in the September 16 violence were under contract to the State Department, and that incident is under joint Iraqi – State Department investigation. DoD has no authority to investigate or try the Blackwater mercenaries involved. Gates, being competent, and not beholden to nor under the sway of Cheney or Bush, is looking for problems before someone else finds them and uses them against him. (I don't like the man, but I can not help but respect the talent). At State, on the other hand, the inept and outpaced Condi is still carrying her bosses water, overtly and contemptuously stonewalling congressional oversight into the incident. While the DoD does have contracts with Blackwater, the State Department outspends the DoD on Blackwater contracts at a rate of approximately 8:1.

The private-army aspect of the wars in Iraq and Afghanistan has been controversial since the first days in Afghanistan, and there has been no shortage of animosity between the professional military and the mercenary army. To date, no personnel under DoD contract have been charged under U.S. law, and no contracts have been suspended for violations. The military has been taken to task though. Two Air Force officers were brought up on charges of assault and conduct unbecoming following a run-in between the officers and Blackwater personnel on a road outside Kabul in September 2006. The charges were later dismissed.

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The bloodletting two weeks ago has set up a clash between the Pentagon and the State Department. The tensions have been long-simmering, and the events of September 16 turned up the heat. "The military is very sensitive to its relationship that they've built with the Iraqis being altered or even severely degraded by actions such as this event," said one senior military official in Iraq. "This is a nightmare. We had guys who saw the aftermath, and it was very bad. This is going to hurt us badly. It may be worse than Abu Ghraib, and it comes at a time when we're trying to have an impact for the long term."

In interviews involving a dozen U.S. military and government officials, many expressed anger and concern over the shootings in Nisoor Square, in Baghdad's Mansour neighborhood. Some worried it could undermine the military's efforts to stabilize Iraq this year with an offensive involving thousands of reinforcements.

"This is a big mess that I don't think anyone has their hands around yet," said another U.S. military official. "It's not necessarily a bad thing these guys are being held accountable. Iraqis hate them, the troops don't particularly care for them, and they tend to have a know-it-all attitude, which means they rarely listen to anyone -- even the folks that patrol the ground on a daily basis."

Most officials spoke on condition of anonymity because there are at least three ongoing investigations of Blackwater's role in the shootings. There are also sensitive discussions between various U.S. agencies and the Iraqi government over the future of Blackwater and other private security firms in Iraq.

Teddy Spain, a retired Army Colonel was willing to speak on the record. “I personally was concerned about any of the civilians running around on the battlefield during my time there. My main concern was their lack of accountability when things went wrong.”

Several commanding officers spoke frankly on condition of anonymity.

…"Given their record of recklessness," said the senior U.S. commander, "I'm not sure any senior military officer here would want responsibility for them."

…"They are immature shooters and have very quick trigger fingers. Their tendency is shoot first and ask questions later," said an Army lieutenant colonel serving in Iraq. Referring to the Sept. 16 shootings, the officer added, "None of us believe they were engaged, but we are all carrying their black eyes."

…"Many of my peers think Blackwater is oftentimes out of control," said a senior U.S. commander serving in Iraq. "They often act like cowboys over here . . . not seeming to play by the same rules everyone else tries to play by."

…"Many of us feel that when Blackwater and other groups conduct military missions, they should be subject to the same controls under which the Army operates," said Marc Lindemann, who served in Iraq with the 4th Infantry Division and is now an officer in the New York National Guard and a state prosecutor.

…"The deaths of contractors from Blackwater helped precipitate the debacle in Fallujah in 2004 and now the loss of Blackwater is causing disruptions in the war effort in 2007," a military intelligence officer said, speaking on condition of anonymity. "Why are we creating new vulnerabilities by relying on what are essentially mercenary forces?"

The lousy reputation Blackwater has among members of the U.S. military has led to renewed debate over whether the DoD should handle State’s security contracts. The Department of Defense (understanding what security protocols should involve) has a more strident procedure for licensing and oversight of personnel under contract to their agency, the DoD also has more detailed incident reporting procedures when weapons are discharged. In addition, the military investigates promptly when incidents occur or allegations are made against mercenaries in their employ.

A Pentagon source insisted that "We are really making State respond, conduct an investigation and come up with recommendations." The source said that in Washington the atmosphere surrounding the confrontation between State and the pentagon is calm and professional but, referring to Iraq, said, "There is probably a bit more emotion going on in theater."

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As if Blackwater needed another revelation (they are also under investigation for smuggling weapons into Iraq that ultimately ended up pointed at American G.I.’s) the New York Times reported Thursday that mercenaries from Blackwater USA have been involved in a far higher rate of shootings while guarding and escorting American diplomats than other companies providing comparable services.

The rate of Blackwater violence is at least twice that of DynCorp International and Triple Canopy, the other security companies operating in Iraq. Blackwater’s hired guns are just that, discharging weapons, on average, twice every convoy. (The other companies frequently escort convoys completely without incident.)

“You can find any number of people, particularly in uniform, who will tell you that they do see Blackwater as a company that promotes a much more aggressive response to things than other main contractors do,” a senior American official said. “Is it the operating environment or something specific about Blackwater?” asked one government official. “My best guess is that it is both.”

While the bloody rampage at the Nisour traffic roundabout was the most shocking in the level of wanton killing, the modern-day Pinkerton's of Blackwater are under investigation in six other episodes that left ten people dead and at least 15 wounded.

Slowly, American officials are accepting the position that Blackwater's behavior in Iraq is counterproductive to the stated 'mission' by fueling resentment among the local population.

“They’re repeat offenders, and yet they continue to prosper in Iraq,” said Representative Jan Schakowsky, an Illinois Democrat who has been broadly critical of the role of contractors in Iraq. “It’s really affecting attitudes toward the United States when you have these cowboy guys out there. These guys represent the U.S. to them and there are no rules of the game for them.”

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Secretary of Defense Gates was in front of Congress asking for $190 Billion for the war effort for FY 2008. Congress is hammering out the budget now.

While the American public may not yet be ready to cut off funding to the U.S. military for the occupation of Iraq, I seriously doubt that there would be great wailing and bleating and rending of cloth and gnashing of teeth if, just for starters, the monies in the budget allotted to Blackwater fell victim to Congresses one true power.

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